Terms and Conditions for Snark AI, Inc.

Introduction

These Terms and Conditions written on this webpage shall manage the user’s (“you”, “your”) use of all Activeloop/Snark AI, Inc. (“our”, “us”, “we”) services, including products, the websites at https://snark.ai, https://activeloop.ai, and https://deeplake.ai, and its subdomains (“Service”).

These Terms will be applied fully and affect your use of the Service. By using the Service, you agree to accept these Terms and Conditions and our Privacy Policy. You must not use the Service if you disagree with any of these Terms and Conditions. Minors or people below 18 years old are not allowed to use our Service.

Intellectual Property Rights

Other than the content you own, under these Terms, Activeloop/Snark AI, Inc. and/or its licensors own all intellectual property rights and materials contained on this Website. In this Agreement, Intellectual Property Rights means any and all present and future intellectual and industrial property rights, including any registered or unregistered forms of copyright, designs, patents, trademarks, service marks, domain names, goodwill, and any commercial information. Intellectual Property Rights also include any application or right to apply for registrations of any of these rights, any rights protected or recognized under any laws throughout the world, related to these rights, and anything copied or derived from such property or rights.

You are granted a limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following:

• selling, sublicensing, and/or otherwise commercializing any Service material;
• using the Service in any way that is or may be damaging to Activeloop/Snark AI;
• using this Service in any way that impacts user access to this Service;
• using this Service contrary to applicable laws and regulations, the Privacy Policy, or in any way may cause harm to the Service, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Service;
• using this Service to engage in any advertising or marketing unless permitted to in writing by us;
• uploading illegal or age-restricted content; and
• uploading content you do not have legal authority to upload, for example, but not limited to, copyrighted content.

Certain areas of this Website are restricted from being accessed by you and Activeloop/Snark AI, Inc. may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Confidentiality To provide the Services to you, you may upload Confidential information. In so doing, you acknowledge and agree that: (a) You have the right to possess and upload the data; and (b) Uploaded data are subject to the terms of any relevant Confidentiality Notice provided to your users by you or a third-party through the Services.

Violations of system or network security may result in civil or criminal liability. Activeloop/Snark AI, Inc. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service.

In the event access to the Service or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Activeloop/Snark AI, Inc.. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Service may be revoked by Activeloop/Snark AI, Inc. at any time with or without cause. You agree to defend, indemnify and hold Activeloop/Snark AI, Inc. harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Activeloop/Snark AI, Inc. arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Service, or access by anyone accessing the Service using your user ID and password.

Account Set-Up and User Information.

You agree to: (a) provide true, accurate, current, and complete information when registering to use the Site and establishing your account, and all other or additional information you input or load into the Service in connection with your use of the Service (collectively “User Information”) and (b) maintain and promptly update the User Information to keep it true, accurate, current, and complete. If you provide any User Information that is untrue, inaccurate, not current, or incomplete, or Activeloop/Snark AI, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Activeloop/Snark AI, Inc. suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.

Online Services Associated with the Site.

The Site may be used to access certain online services. In some cases, you will not receive a separate notice when the Site connects to those services. Using the Site constitutes your consent to the transmission of standard device information (including, but not limited to, technical information about your device, system, and application software) to those services. Your use of those services may be governed by additional terms and conditions. Using the online services will constitute your acceptance of and agreement to be bound by those additional terms and conditions, if any. You may not use any online services in any way that could harm those services, disrupt their operation, or impair any other user’s use of those services or the wireless network through which they are accessed. You may not use the online services to gain unauthorized access to or use of any service, data, account, or network by any means.

Location-Enabled Features.

Certain location-enabled functionality made available through our Service is provided by Google Inc., Apple Inc., and other third party providers. Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time). You must exercise your own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely “as-is,” without warranties of any kind.

Support for Service; Functionality.

All questions and requests relating to support of the Service must be directed to Activeloop/Snark AI, Inc.. The Third Parties, as defined in Section 21, are not responsible for providing support for the Service and may not be contacted for support. We may change or remove functionality and other features of the Service at any time, without notice.

Modified Devices and Operating Systems.

Activeloop/Snark AI, Inc. will have no liability for errors, unreliable operation, or other issues in connection with rooted or jailbroken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Service on Modified Devices will be at your sole and exclusive risk and liability.

Accuracy and Integrity of Information

Although Activeloop/Snark AI, Inc. attempts to ensure the integrity and accuracy of the Service, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Service and Content thereon. It is possible that the Service could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Service by third parties. In the event that an inaccuracy arises, please inform Activeloop/Snark AI, Inc. so that it can be corrected. Activeloop/Snark AI, Inc. reserves the right to unilaterally correct any inaccuracies on the Service without notice. Information contained on the Service may be changed or updated without notice. Additionally, Activeloop/Snark AI, Inc. will have no responsibility or liability for information or Content posted to the Service from any non-Activeloop/Snark AI, Inc. affiliated third party.

Typographical Errors and Incorrect Pricing

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.

Order Acceptance

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

Quantity Limits and Dealer Sales

Activeloop/Snark AI, Inc. reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Activeloop/Snark AI, Inc. and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Activeloop/Snark AI, Inc. also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Activeloop/Snark AI, Inc. for the purpose of engaging in a commercial sale of that same product(s) with a third party.

Online Payments

You can purchase products and/or services on the Service. We accept credit and debit cards issued by U.S. banks. If a debit or credit card account is being used for a transaction, Activeloop/Snark AI, Inc. may obtain pre-approval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card Activeloop/Snark AI, Inc. or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Automatic Renewal Subscription Terms

We may charge a subscription fee for some Products and/or Services on our Service. Your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by logging into your account, going to Organization Settings, followed by Billing & Usage, clicking Billing Settings and downgrading your plan. If you cancel your subscription, your account’s access to our Services will automatically end at the end of your current billing period. Activeloop/Snark AI, Inc. may change the price for your subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services or Products prior to the price change going into effect. If payment through your payment method is refused, rejected, or declined for any reason, we reserve the right to cancel your subscription without notice. In the event that your subscription is canceled for any reason, you will need to resubscribe in order to access our Services or Products.

Export Policy and Restrictions

You acknowledge that the products and Content which are sold or licensed on the Service, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Service, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Activeloop/Snark AI, Inc. from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

Links to Other Sites

Activeloop/Snark AI, Inc. makes no representations whatsoever about any other website that you may access through the Service. When you access a non-Activeloop/Snark AI, Inc. website, please understand that it is independent from Activeloop/Snark AI, Inc., and that Activeloop/Snark AI, Inc. has no control over the content on that website. In addition, a link to a non-Activeloop/Snark AI, Inc. website does not mean that Activeloop/Snark AI, Inc. endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Service, you do this entirely at your own risk.

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our Service. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Activeloop/Snark AI, Inc. respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Activeloop/Snark AI, Inc.’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Service

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Service by sending us a notice ("Notice") complying with the following requirements.

• Identify the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service where such material may be found.
• Provide your mailing address, telephone number, and, if available, email address.
• Include both of the following statements in the body of the Notice:
• "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
• "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
• Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent: [email protected]

Your Content, Reviews, Feedback and other Postings to the Service

In these Terms and Conditions, "Your Content" shall mean any audio, video text, images, or other material you choose to display on this Website. By displaying Your Content, you grant Activeloop/Snark AI, Inc. a non-exclusive, worldwide, irrevocable, sublicensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media. Your Content must be your own and must not infringe upon any third-party’s rights. Activeloop/Snark AI, Inc. reserves the right to remove any of Your Content from the Service at any time without notice if We discover a breach of these Terms. You agree not to provide any of Your Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other users of the Service through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Activeloop/Snark AI, Inc. that you have the legal right and authorization to provide all User Generated Content to Activeloop/Snark AI, Inc. for the purposes and Activeloop/Snark AI, Inc.’s use as set forth herein. Activeloop/Snark AI, Inc. has a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Activeloop/Snark AI, Inc. desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Activeloop/Snark AI, Inc. is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.

Activeloop/Snark AI, Inc. does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Service. You grant Activeloop/Snark AI, Inc. the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Activeloop/Snark AI, Inc. and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.

You agree to defend, indemnify and hold Activeloop/Snark AI, Inc. harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Activeloop/Snark AI, Inc. arising out of any User Generated Content you post or allow to be posted to the Service.

By using any of our services you are agreeing to the following:

Acceptance of Terms: You acknowledge and agree that you have read, understood, and accepted these terms and conditions, and you consent to be bound by them.

User consent: By using our services you are giving your consent on processing and storing the data you shared with Snark AI Inc (including Personally Identifiable Information) over Managed Database in a way described in current document and the pubic Privacy Policy and the agreement signed between you and the Snark AI, Inc.

Service Usage: You agree to use our services only for lawful purposes and in compliance with all applicable laws, regulations, and our policies.

Account Responsibility: You are responsible for maintaining the confidentiality of your account information, including your username and password. You are also responsible for all activities that occur under your account.

Privacy Policy: You agree to the terms of our privacy policy, which outlines how we collect, use, and protect your personal information.

Content Usage: Any content you submit or share through our services, including text, images, or any other form of data, must comply with applicable laws and not infringe upon the rights of others, including copyright and trademark rights.

Data Retention/Disaster Recovery

Activeloop/Snark AI, Inc. will retain backup copies of Your Content made in the ordinary course of business by Activeloop/Snark AI, Inc. for the purpose of enabling appropriate data retention and disaster recovery practices. Despite any other term in this Agreement, Activeloop/Snark AI, Inc. will retain these backups for a period of up to thirty (30) days from the time that each backup copy is generated. Thereafter, Customer agrees and acknowledges that Your Content may be irretrievably deleted from backups after this time.

No Warranties

This Service is provided "as is" with all fault, and Activeloop/Snark AI, Inc. expresses no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement, related to the Service or the materials contained in the Service. Activeloop/Snark AI, Inc. does not warrant the accuracy, completeness or timeliness of the information obtained through the service. Also, nothing contained in this Service shall be interpreted as advice.

You assume total responsibility and risk for your use of the Service. Activeloop/Snark AI, Inc. does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security.

Warranties relating to products or services offered, sold and distributed by Activeloop/Snark AI, Inc. are subject to separate warranty terms and conditions, if any, provided with or in connection with the applicable products or services.

Limitation of Liability

In no event shall Activeloop/Snark AI, Inc., nor any of its officers, directors, or employees, be held liable or responsible for anything arising out of or in any way connected to your use of this Service,. Activeloop/Snark AI, Inc., including its officers, directors, and employees shall not be held liable for any indirect, consequential, special, exemplary, punitive, or other liability WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) arising out of or in any way related to your use of this service, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Activeloop/Snark AI, Inc. is not liable for the contents of any uploaded data. Your sole remedy for dissatisfaction with the Service is to stop using the Services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum aggregate liability of Activeloop/Snark AI, Inc. to you with respect to your use of the Service is $500 (five hundred dollars).

Variation of Terms

Activeloop/Snark AI, Inc. is permitted to revise these Terms at any time as it sees fit and by using the Service, you are expected to review these Terms on a regular basis.

Revisions; General

Activeloop/Snark AI, Inc. reserves the right, in its sole discretion, to terminate your access to all or part of the Service, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms constitute the entire agreement between Activeloop/Snark AI, Inc. and you in relation to your use of this Service. In its sole discretion, Activeloop/Snark AI, Inc. may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Service after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Service.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of California, without regarding for its conflicts of law principles, and you submit to the jurisdiction of the state and federal courts located in the County of Santa Clara for the resolution of any disputes.

Website Content Redistribution Prohibition Clause for Snark AI, Inc. dba Activeloop

Definitions:

a. "Content" refers to, but is not limited to, all text, graphics, images, designs, audio, video, code, software, data compilations, and any other information or material as presented or made available on the websites of activeloop.ai, deeplake.ai, and the courses available on learn.activeloop.ai.

b. "Redistribution" refers to the act of reproducing, copying, publishing, sharing, selling, licensing, or any other form of dissemination or provision of the Content to third parties, whether for free or for commercial gain.

Prohibition:

a. All Content on the aforementioned websites and courses is the exclusive property of Snark AI, Inc. dba Activeloop and its licensors, and is protected by international copyright, trademark, and other intellectual property laws.

b. Except as expressly permitted in writing by Snark AI, Inc. dba Activeloop, no part of the Content may be redistributed, in any form or by any means, to any third party.

c. Unauthorized redistribution of any Content is strictly prohibited and may result in severe legal action.

Exceptions:

Any specific exceptions to this prohibition will be explicitly mentioned on the aforementioned websites or communicated in writing by Snark AI, Inc. dba Activeloop. Unless explicitly stated, no other rights or licenses are granted, impliedly, or otherwise.

Violations:

Any unauthorized redistribution of the Content will be considered a breach of this clause and a violation of Snark AI, Inc. dba Activeloop's intellectual property rights. Snark AI, Inc. dba Activeloop reserves the right to pursue any and all legal remedies against individuals or entities who engage in unauthorized redistribution of its Content.

Indemnification:

Any party engaged in the unauthorized redistribution of the Content from the mentioned websites and courses agrees to indemnify, defend, and hold harmless Snark AI, Inc. dba Activeloop and its directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of such unauthorized redistribution.

By accessing, viewing, or using the Content from the above-mentioned websites and courses, users acknowledge that they have read, understood, and agree to be bound by this prohibition against unauthorized redistribution.

Contact Us

The relevant data controller for any personal information processed in connection with our Websites or self-managed installations is Snark AI Inc dba Activeloop, 238 Castro Street, Mountain View, CA 94041. If you apply for a job with us, the relevant data controller is the country-specific Activeloop entity which will be your employer. If you have any questions about this Privacy Policy or our privacy and security practices or you wish to make a complaint about our compliance with applicable privacy laws, please feel free to contact us at [email protected] with the subject line "Privacy Concern". If your query is in connection with a job application, please email us at [email protected]. We have appointed an EU and UK representative who can also be contacted at [email protected]. If you have questions or concerns about the way we are handling your personal information or would like to exercise your privacy rights, please email us with the subject line "Privacy Concern" at [email protected]. In most cases, we will respond within 30 days of receiving your message.