Terms

ROBOFLOW, INC.

WEBSITE AND MOBILE APPLICATION
TERMS OF USE AGREEMENT

Last Modified: May 3rd, 2024
See archived versions.

1. Agreement. This Website and Mobile Application Terms of Use Agreement governs Your access to and use of all websites, mobile websites, and mobile applications owned and operated by Roboflow, Inc. (“Company” or “we” or “us” or “our”), including, but not limited to websites, mobile websites, and mobile applications available at: roboflow.com; app.roboflow.com; universe.roboflow.com/ (collectively, our "Websites and Mobile Apps"). The Websites and Mobile Apps are offered subject to Your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Company’s Privacy Policy, incorporated herein by reference) and procedures that may be published from time to time on the Websites and Mobile Apps by Company (collectively, the "Agreement").

Please read this Agreement carefully before you start to use the Websites and Mobile Apps. By accessing, viewing, and using the Websites and Mobile Apps, You agree to be bound by all the terms and conditions of this Agreement and do hereby enter into the Agreement with Company of Your own free will, are of competent age and mental state, and are otherwise fully capable and qualified to be bound.

We may revise and update this Agreement from time to time in our sole discretion and without notice. All changes are effective immediately when we post them and apply to all access to and use of the Websites and Mobile Apps thereafter. Your continued use of the Websites and Mobile Apps following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHALL CEASE ALL USE OF THE WEBSITES AND MOBILE APPS AND ANY OF THEIR CONTENT. IF YOU HAVE INSTALLED A COMPANY PRODUCT/APPLICATION ON ANY COMPUTER OR MOBILE DEVICE, YOU MUST DELETE THE PRODUCT/APPLICATION FROM YOUR COMPUTER OR MOBILE DEVICE AND CEASE ALL USE OF THE SOFTWARE.

Notice to California Residents

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. For example, California's "Shine the Light" law (Civil Code Section 1798.83) permits users of our Websites and Mobile Apps that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint or to receive further information. You may have additional rights under the California Consumer Privacy Act of 2018 (CCPA), as amended, such as the right to know what personal information is collected about you, the right to request that certain information be corrected or deleted, the right to opt out of the sale of your information (note, the Company does not sell your information), and the right not to be discriminated against. To make any requests pursuant to your California rights, please contact us in writing or by email using our Contact Information below.

2. Basics of Using Roboflow.

After you sign up for an account, you may be asked to choose between the Public, Starter, Growth, and Enterprise Plans (each, a “Plan”). More information about each Plan can be found in section 17 and at: https://roboflow.com/pricing. Some or all of these Plans may be subject to payments now or in the future, and may be subject to additional or different terms and conditions. Please note that any use or payment terms presented to you in the process of using or signing up for a Plan are deemed a part of this Agreement.

To the extent you have chosen the Public Plan, you will only use the Services for your own internal, non-commercial use, and not on behalf of or for the benefit of any third party . You agree that, regardless of the Plan you choose, you will use the Services only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account information or password with anyone, and you must protect the security of your account, password, API Keys, and any other access tools or credentials. You’re responsible for any activity associated with your account.

3. Access and Account Security. We reserve the right to withdraw or amend the Websites and Mobile Apps, and any service or material we provide on the Websites and Mobile Apps, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Websites and Mobile Apps are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites and Mobile Apps, or the entire Websites and Mobile Apps, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Websites and Mobile Apps.
Ensuring that all persons who access the Websites and Mobile Apps through your internet connection are aware of and comply with this Agreement.

To access the Websites and Mobile Apps or some of the resources it offers, you may be asked to provide certain registration details or other information. You may be required to sign up for an account, select a password, share your email, and provide us with certain information or data, such as your contact information. You may be able to access certain parts or features of the Websites and Mobile Apps by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google and Github. It is a condition of your use of the Websites and Mobile Apps that all the information you provide (including information associated with a Third Party Account, is correct, current, and complete. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account and, by using the Website and Mobiles Apps through a Third Party Account, you permit us to access certain information from such account for use by the Websites and Mobile Apps. You may not use an email or contact information that you do not have the right to use, another person’s name with the intent to impersonate that person, or a “burner”, “temporary”, or “disposable” email service to register. You may not transfer your account to anyone else without our prior written permission. You agree that all information you provide to register with the Websites and Mobile Apps or otherwise, including but not limited to through the use of any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites or Mobile Apps or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

You may receive communications through the Websites or Mobile Apps, including messages that we send you (for example, via email or SMS). By signing up for the Websites or Mobile Apps and providing us with your wireless number, you confirm that you want us to send you information regarding your account or transactions with us, which may include us using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from us, and you represent and warrant that each person you register for the Websites or Mobile Apps or for whom you provide a wireless phone number has consented to receive communications from us.

4. Intellectual Property Rights.

(a) License to You. Company grants to You, and You do hereby accept, a limited, nontransferable, non-exclusive, revocable license to access and use the Websites and Mobile Apps and not to download, modify, alter, adjust, change, or amend the Websites and Mobile Apps in any way. You must not alter, remove, delete or otherwise obfuscate any attribution or notices included on the Websites, Mobile Apps or any Content (including User Content). This license does not include:

to the extent you have chosen the Public Plan, the right to make any commercial or external use of the Websites and the Mobile Apps; on the Public Plan, you may only use the Websites and Mobile Apps for internal, personal use.
to the extent you have chosen the Public Plan, the right to resell or commercially use the Websites and Mobile Apps or its contents; or the right to make any collection and use of any content, postings, or viewable materials, listings, or descriptions.
the right to make any derivative use of the Websites and Mobile Apps or their contents.
the right to any downloading or copying of information for the benefit of another merchant or competitor.
the right to use data mining, web scraping, robots, spider/web crawler, offline readers, or similar data gathering and extraction tools.
the right to reproduce, duplicate, copy, sell, resell, sublicense, or otherwise exploit the Websites and Mobile Apps or any portion of the Websites and Mobile Apps.
the right to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company.
the right to use any meta tags or any other "hidden text" utilizing Company's name or trademarks.
the right to reverse engineer or otherwise decipher, decompile or derive any source code or underlying algorithms or ideas of any part of the Websites and Mobile Apps.
the right to use the Websites and Mobile Apps in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Websites and Mobiles Apps, including their ability to engage in real time activities through the Websites and Mobile Apps.
the right to use any device, software, or routine that interferes with the proper working of the Websites and Mobile Apps.
the right to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites and Mobile Apps, the server on which the Websites and Mobile Apps are stored, or any server, computer, or database connected to the Websites and Mobile Apps.
the right to attack the Websites and Mobile Apps via a denial-of-service attack or a distributed denial-of-service attack.
the right to otherwise attempt to interfere with the proper working of the Websites and Mobile Apps.
the right to engage in unacceptable uses of the platform/Websites and Mobiles Apps, in the Company’s sole discretion. For example, unacceptable uses include but are not limited to use as a substitute for a file transfer system without computer vision use cases, uploading inappropriate content, including, but not limited to nudity, and performing excessive downloads with ill-intent.

Engaging in any unauthorized use terminates the permission or license granted herein.

(b) License to Company. In order to display your User Content (as defined in Section 23) on the Website and Mobile Apps, and to allow other users to enjoy them (where applicable), you grant us certain rights in such User Content. Please also review Section 23 regarding other licensing terms applicable to your User Content. Please note that all of the following licenses are subject to our Privacy Policy to the extent applicable to the User Content.

Public Projects. By submitting User Content through the Website and Mobile Apps to a public project or in connection with a Public Plan, you hereby do and shall grant Company a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website and Mobile Apps and our (and our successors’ and assigns’) businesses, including without limitation for redistributing part or all of User Content via the Website and Mobile Apps (and derivative works thereof) in any media formats and through any media channels for improving and developing the Website and Mobile Apps, in each case including after your termination of your account or the Website and Mobile Apps. You also hereby do and shall grant each user of the Website and Mobile Apps a non-exclusive, perpetual license to access your User Content through the Website and Mobile Apps, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content submitted to a public workspace, including after your termination of your account or the Website and Mobile Apps (collectively, along with the license grant set forth in the preceding sentence, the “Public Content Licenses”). To the extent you have chosen a Starter, Growth or Enterprise Plan, you may also elect to make your User Content public. To the extent you choose to do so, you hereby do and shall grant Company and each user of the Website and Mobile Apps the rights set forth in Public Content Licenses.

Private Projects. By submitting User Content through the Website and Mobile Apps to a private project through a Starter, Growth, or Enterprise Plan, you hereby do and shall grant Company a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, and perform such User Content for (i) the provision of Services to you and (ii) for our internal business purposes, such as internal research, optimization, training and improving the Services.

For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Finally, you understand and agree that Company, in performing the required technical steps to provide the Website and Mobile Apps to our users (including you), may need to make changes to your User Content to conform and adapt those User Content to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

If you would like your User Content removed from the Services, you may do so, but we cannot remove such User Content from projects with which it has been combined or integrated prior to the date of such request and we may retain the User Content in non-public archives. Please send all requests to [support@roboflow.com.

(c) Copyrights. All content (other than any profile information provided by You and any User Content or other material posted to the Websites and Mobile Apps by You/users), compilation of content, and software included or used on the Websites and Mobile Apps, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of Company or its content suppliers and is protected by United States and international copyright laws. You hereby agree not to make any use of any of the copyrighted material or content appearing on the Websites and Mobile Apps, without the express prior written permission of Company.

(d) Trademarks. Company's trademarks, identified on the Websites and Mobile Apps with a ™ or ®, are the exclusive property of Company. All other trademarks not owned by Company that appear on the Websites and Mobile Apps are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. You hereby agree not to make any use of any of the trademarks appearing on the Websites and Mobile Apps, without the express written permission of Company.

5. Prohibited Uses. You may use the Websites and Mobile Apps only for lawful purposes and in accordance with this Agreement and the Privacy Policy.

You agree not to use the Websites and Mobile Apps:

In any way that violates any applicable federal, state, local, or international law or regulation .
To upload, distribute or process any data, software, images, content or other intellectual property that is restricted, requires a license, or is otherwise prohibited by any export control laws, embargos or other regulations of the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with this Agreement.
To transmit, or procure the sending of, any advertising or promotional material including any "junk mail", "chain letter", "spam", or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee or agent, another user, or any other person or entity (including, without limitation, by using email addresses or names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Websites and Mobile Apps, or which, as determined by us, may harm the Company or users of the Websites and Mobile Apps or expose them to liability.
To engage in or enable or encourage others to engage in identity theft.
To distribute or disseminate any other person’s (including other users’) personal information without such parties’ prior express permission.
To distribute content that violates the privacy rights of any other person. This includes personal information about any other person that you do not have express permission to share (“doxxing”).
To bully, harass or abuse any individual or group of people. This includes threatening anyone or wishing or hoping that someone experiences physical harm.
To use the Websites or Mobile Apps for in connection with any military, militia or paramilitary purposes or otherwise in connection with the development, creation, dissemination, distribution or sale of any autonomous weaponry.

You also agree that any datasets or other content downloaded obtained from Roboflow cannot be re-hosted without prior express permission from the dataset or content author.

6. Personal Information. The Company may utilize electronic means of information capture and usage such as cookies, domain name and host capture, browser software capture, IP address capture, and the like. Company reserves the right to collect and use such information in accordance with this Agreement and our Privacy Policy. If You actively submit personal information to Company, Company shall use commercially reasonable efforts to safeguard and protect such information and to use such information only for the purposes intended; however, YOU ACKNOWLEDGE THAT THE SUBMISSION OF PERSONAL INFORMATION IS AT YOUR RISK AND THAT YOU WAIVE ALL WARRANTIES AND LIMITS ALL LIABILITY ASSOCIATED WITH SUCH INFORMATION TO THE FULLEST EXTENT PERMITTED UNDER THE LAW.

7. Disclaimer of Warranties and Waivers; Limitation on Liability. THE WEBSITES AND MOBILE APPS ARE PROVIDED "AS IS." WE MAKE NO WARRANTY OF ANY KIND WITH REGARD TO THE PRODUCTS, CONTENT, SOFTWARE, INFORMATION, OR SERVICES PROVIDED HEREIN, ALL SUCH EXPRESS OR IMPLIED WARRANTIES ARE EXPRESSLY WAIVED TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. WE DO NOT WARRANT THAT THE WEBSITES AND MOBILE APPS ARE FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL ELECTRONIC OBJECTS AND COMPONENTS. WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE WEBSITES AND MOBILE APPS, INCLUDING, WITHOUT LIMITATION, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES. AS TO THE OPERATION OF THE WEBSITES AND MOBILE APPS OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITES AND MOBILE APPS, YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES AND MOBILE APPS IS AT YOUR SOLE RISK.

YOU UNDERSTAND THAT WHEN USING THE WEBSITES AND MOBILE APPS, YOU MAY BE EXPOSED TO MATERIAL THAT MAY BE OR IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE TO YOU. COMPANY IS NOT RESPONSIBLE FOR THE FOREGOING AS WELL AS ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO YOUR SUBMISSIONS. YOU HEREBY AGREE TO WAIVE ANY AND ALL LEGAL OR EQUITABLE RIGHTS OR REMEDIES THAT YOU MAY HAVE OR MAY HAVE AGAINST COMPANY WITH RESPECT THERETO.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES AND MOBILE APPS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES AND MOBILE APPS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

8. Indemnification. You agree to defend, indemnify and hold Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from any claims, liabilities, damages, demands, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys' fees, arising out of or relating to Your violation of this Agreement, Your violation of any law or the rights of any third party, and/or your use of the Websites and Mobiles Apps, including, but not limited to, Your use of the Websites and Mobiles Apps’ content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Websites and Mobile Apps.

9. Applicable Law. By visiting the Websites and Mobile Apps, You agree that any disputes concerning or involving these Conditions of Use, or the use of the Websites and Mobile Apps, shall be governed in accordance with the laws of the State of Delaware. You hereby consent to the personal jurisdiction of the courts of the State of Delaware for resolution of all disputes concerning or involving this Agreement, or Your use of the Websites and Mobile Apps.

10. Amendment. Company reserves the right to amend this Agreement at any time, by posting on the Websites and Mobile Apps said amended Agreement, Your use and continued use of the Websites and Mobile Apps is deemed an agreement to be bound by any such Amendment(s).

11. Limitations On Actions. YOU AGREE THAT ANY CAUSE OF ACTION THAT MAY ARISE, RESULT, OR OCCUR AS A RESULT OF YOUR USE OF THE WEBSITES AND MOBILE APPS, OR FROM ENTERING INTO THIS AGREEMENT, MUST BE COMMENCED NOT LONGER THAN ONE (1) YEAR FROM THE DATE SUCH CAUSE OF ACTION ACCRUES, OTHERWISE YOU WAIVE ALL RIGHT TO BRING SUCH CAUSE OF ACTION AND SUCH ACTION IS FOREVER BARRED AND DISCHARGED.

12. Transferability. You agree that Your rights and obligations under this Agreement may not be transferred, assigned, licensed, or otherwise alienated without the express written permission of Company, wherein said permission may be denied for any reason.

13. Reporting Copyright Violations. If You believe that a user of the Websites and Mobile Apps has violated or is violating Your copyright rights due to that user's illegal, unlawful, or otherwise improper conduct, You (the copyright owner) or Your agent may submit a notification pursuant to the Digital Millennium Copyright Act 17 U.S.C. § 512(c)(3) ("DMCA") by providing our Copyright Agent with the following information in writing:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;
a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if You fail to comply with all of these requirements, Your DMCA notice may not be valid.

Company's designated Agent to receive notifications of claimed infringement is:

Roboflow, Inc.
Attn: DMCA Copyright Agent
500 Locust St Des Moines, IA 50309

Email: legal@roboflow.com

Failure to comply with all of the requirements of the foregoing, may result in the waiver or invalidity of the DMCA. You may be liable for damages, including court costs and attorney's fees if You materially misrepresent that content on the Websites and Mobile Apps constitutes copyright infringement.

Company will advise the alleged infringer of the DMCA statutory counter-notification procedure as described in the DMCA, at which time the alleged infringer may respond to Your claim and ask that the content at issue be restored. Upon receiving Your notification of alleged copyright infringement, as set forth above, Company will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of Your claim. In accordance with the DMCA, Company has implemented a policy to terminate, when appropriate, access to the Websites and Mobile Apps of any repeat infringer. As stated above, Company may terminate Your access at any time for any or no reason.

14. Links and Third Party Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through any third party websites and webpages to which Company links, and that link to the Websites and Mobile Apps. Company does not control such websites and webpages and is not responsible for their contents or their use. By linking to a website or webpage, Company does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, logic bombs, and other material that is malicious or technologically harmful (collectively, the “Technologically Harmful Content”). Additionally, You agree not to introduce any Technologically Harmful Content to the Websites and Mobile Apps. COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THIRD PARTY WEBSITES AND WEBPAGES.

15. Privacy Policy. You agree to be bound by our Privacy Policy found at roboflow.com/privacy, which is incorporated into this Agreement by reference as if fully set forth herein.

16. Ability to Accept Terms of Service.

A. Age of Access. The Website and Mobile Apps are offered and available to users who are 18 years of age or older. You affirm that You are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set from in this Agreement, and to abide by and comply with this Agreement. If You are under 18 years of age, you shall not access or use the Websites and Mobile Apps.

B. Children Under the Age of 13. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. Our Websites and Mobile Apps are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Websites and Mobile Apps. We do not knowingly collect personal information from children under 13. If you are under 13, do not use, register, or provide any information on this Websites or Mobile Apps or on or through any of its features, make any purchases through the Websites and Mobile Apps, use any interactive or public comment features of the Websites or Mobile Apps or provide any information about yourself to us. If we learn we have collected or received personal information from a child under 13 without verification of parental/guardian consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at legal@roboflow.com.

17. Your Account; Plan; Payment. If You create an account on the Websites and Mobile Apps, You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under the account. You must immediately notify Company of any unauthorized uses of Your account or any other breaches of security. COMPANY IS NOT LIABLE FOR ANY ACTS OR OMISSIONS BY YOU, INCLUDING ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF SUCH ACTS OR OMISSIONS.

Plan. If you are the plan operator, you can upgrade your plan by contacting us at sales@roboflow.com.

Payment. If you choose to create an account on the Websites and Apps, you agree to the following:

You agree that we may utilize a third-party payment provider (e.g. Stripe) in order to process payment for the services. You understand you are bound by such third-party provider’s applicable terms of use and privacy policies, and the Company shall not be liable to you or others for any damages related to the use of a third-party provider for payment processing. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the payment processor. You agree to pay us, through the payment processor, all charges at the prices then in effect in accordance with the applicable payment terms, and you authorize us, through the payment processor, to charge your chosen payment provider.
You agree that the Company reserves the right to change applicable fees and charges during each renewal term of your selected Plan; provided that Company will use commercially reasonable efforts to notify you of those changes via email or posting the updated pricing on the applicable Websites and Mobile Apps at least thirty (30) days prior to such changes becoming effective.
You will honor any payment obligations and you consent to us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
If you believe that you have been billed incorrectly, you must contact help@roboflow.com no later than sixty (60) days after the closing date on the billing statement in which the error occurred in order to be eligible for adjustment or credit.
All billing or payment inquiries should be directed to Company’s customer support department at help@roboflow.com with the header Billing Inquiry.
Some of the Websites or Mobile Apps may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Websites or Mobile Apps have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION. YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF WEBSITES OR MOBILE APPS UNLESS YOU HAVE TERMINATED YOUR WEBSITES OR MOBILE APPS AS SET FORTH ABOVE.
Unless you opt out of auto-renewal, which can be done through your account settings, any Websites or Mobile Apps you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. If you terminate, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING BASIS, YOU MUST CANCEL THE APPLICABLE WEBSITES OR MOBILE APPS THROUGH YOUR ACCOUNT SETTINGS OR TERMINATE YOUR ACCOUNT BEFORE THE END OF THE RECURRING TERM. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, WE WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.

18. Responsibility of Websites Visitors and Mobile Apps Visitors. Company has not reviewed, and cannot review, all of the material, including links to computer software, posted to the Websites and Mobile Apps by users, and Company cannot therefore be responsible for that material's content, use or effects. By operating the Websites and Mobile Apps, Company does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from Technologically Harmful Content. The Websites and Mobile Apps may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Websites and Mobile Apps may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM THE USE BY VISITORS/USERS OF THE WEBSITES AND MOBILE APPS, OR FROM ANY DOWNLOADING BY THOSE VISITORS/USERS OF CONTENT THERE POSTED.

19. Security. You are solely responsible for the data provided by You to the Websites and Mobile Apps, including its accuracy and security. In the event Company becomes aware of a security breach, including the unauthorized access of Your data, utilizing the Websites and Mobile Apps which is not deemed to be a breach initiating with You, then Company will provide notice to You of such a breach within the applicable time period after becoming aware of such breach. Such notice may be provided by e-mail or letter sent by regular mail to the contact information placed on file with Company, or otherwise in accordance with applicable law. Company is not responsible for any damages relating to the improper utilization of data or breach of security provisions.

20. No Transfer of Intellectual Property. This Agreement does not transfer from Company to You any Company or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Company. Any trademarks, service marks, graphics and logos used in connection with the Websites and Mobile Apps may be the trademarks of Company or other third parties. Your use of the Websites and Mobile Apps grants You no right or license to reproduce or otherwise use any Company or third-party trademarks.

21. Personal Health Information/HIPAA & Illinois Biometric Privacy Act Restrictions. You are prohibited from uploading to the Websites and Apps any User Content which is considered to be protected health information (PHI) under the Health Insurance Portability and Accountability Act of 1996 and subsequent amendments (HIPAA). HIPAA compliance and Business Associate Agreements (BAA) are available for enterprise contracts as applicable. Further, you are prohibited from uploading any User Content which is considered to be biometric information under the Illinois Biometric Privacy Act (BIPA) or any similar laws, rules, or regulations. You are solely responsible for any violation of this provision. In addition to and without limiting any other indemnification rights under this Agreement, should any User Content violate HIPAA, BIPA, and or any similar laws, rules, or regulations and a third-party claim be asserted against Company, You shall be obligated to indemnify and hold Company harmless as set forth above in Section 8 of this Agreement.

22. Termination. Company may terminate Your access to all or any part of the Websites and Mobile Apps at any time, with or without cause, with or without notice, effective immediately. If you are the Plan holder, you can cancel the plan by emailing help@roboflow.com . If You wish to terminate Your account (if You have one), You may simply discontinue using the Websites and Mobile Apps. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

23. Your Representations and Warranties; User Content.

A. General Representations and Warranties. You represent and warrant that (i) Your use of the Websites and Mobile Apps will be in strict accordance with Company’s Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in Delaware regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data, software, images, content or other intellectual property exported from the United States or the country in which You reside) and (ii) Your use of the Websites and Mobile Apps will not infringe or misappropriate the intellectual property rights of any third party.

B. User Content; Additional Representations and Warranties. You retain all ownership rights in any content, information, or materials You post, submit, publish, display, or transmit on the Websites and Mobile Apps and/or to other users or other persons (collectively, “User Content”). YOU ASSUME ALL DUTIES AND OBLIGATIONS WITH RESPECT TO AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE PRIVACY LAWS GOVERNING ANY PERSONAL DATA CONTAINED IN YOUR USER CONTENT TO THE WEBSITES AND MOBILE APPS. In addition to and without limiting the foregoing, You represent and warrant that (i) all information, including any personally identifiable information, you upload to the Websites and Mobile Apps (the “Personal Data”) has been obtained by You in compliance with all applicable privacy laws and regulations, and (ii) that You have obtained all required permission/consent to upload such Personal Data to the Websites and Mobile Apps and for Company to receive/process such Personal Data in accordance with this Agreement and the Privacy Policy. If you contribute or upload User Content to an existing project or dataset that is subject to an open source or other open/public content license, you agree that any User Content that you contribute will be subject to these terms and to the terms of such open/public content terms. You agree to be bound by and comply with the terms and conditions of any open source/content licenses, including compliance with any attribution, notice or other requirements. In the event that you contribute User Content to a new open/public project or dataset, you may specify an open/public content license that applies to such uses. If you do not specify a license, then you agree that in addition to these terms, such User Content shall be licensed pursuant to the Creative Commons CC BY4.0 License. Notwithstanding the foregoing, you acknowledge and agree that use by Roboflow to provide the Services pursuant to these terms is a “noncommercial” use. In addition to and without limiting any other indemnification rights under this Agreement, should any law or regulation be violated in relation to the Personal Data, and a third-party claim be asserted against Company, You shall be obligated to indemnify and hold Company harmless as set forth above in Section 8 of this Agreement. Unless otherwise specified, Roboflow may use User's name, logo and marks (including marks on User Properties) to identify User as an Roboflow User on Roboflow's website and other marketing materials.

24. Compliance with Laws. You represent and warrant that Your use of the Websites and Mobile Apps and Your User Content comply with all applicable laws and regulations. You represent that all Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You agree that you will not post, upload, share, store, or otherwise provide through the Website and Mobile Apps any User Content that:

infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.).
contains sexually explicit content or pornography.
contains hateful, defamatory, or discriminatory content or incite hatred against any individual or group.
exploits minors.
depicts unlawful acts or extreme violence.
depicts animal cruelty or extreme violence towards animals.
promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures.
violates any law.

25. Mobile Applications. Our mobile applications may be provided by third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of this Agreement, the more restrictive or conflicting terms and conditions in this Agreement apply.

Specifically, the following terms apply to your use of all the iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store:

Both you and we acknowledge that this Agreement is concluded between you and us only, and not with Apple, and that Apple is not responsible for the Application;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Websites and Mobile Apps for your private, personal, non-commercial use (except as expressly set forth above), subject to all the terms and conditions of this Agreement;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and we acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third-party beneficiary hereof.

26 . No Endorsement. In no event shall any reference to any third party or third party product or third party service be construed as an approval or endorsement by us of that third party or of any product or service provided by such third party.

27 . Communication. You may opt-out of receiving any Company communications at any time by following the opt-out instructions in any such communication you have received and would like to opt-out of. You may also opt-out of receiving certain communications by managing your electronic communication preferences through your User Account (if applicable), or by contacting us at our Contact Information below.

28 . Contact Information. Any feedback, comments, requests for technical support, and other communications relating to the Websites and Mobile Apps should be directed to:

Roboflow, Inc.
Attn: Legal
500 Locust St #104 Des Moines, IA 50309

Email: legal@roboflow.com

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