Terms of Service

LAST UPDATED: 09/29/2022

Thanks for using Optic Nerve AI, LLC. These terms of service ("Terms") cover your use and access to the products, services, software, platform and websites (collectively, "Services") provided by Optic Nerve AI, LLC Incorporated and any of our affiliates (collectively, "Optic Nerve AI, LLC"). By using our Services, you agree to be bound by these Terms as well as our Privacy Policy. If you are using our Services as the employee or agent of an organization, you are agreeing to these Terms on behalf of that organization.

You must be the legal age of majority in your state of residence or otherwise able to form a binding contract with Optic Nerve AI, LLC in order to use the Services. In no event is use of the Services permitted by those under the age of 13.

Free Offers vs. Trial Offers and Paid Accounts

Optic Nerve AI, LLC makes available free offers for the limited use of the Services (each, a "Free Offer") to new customers who agree to use the services in moderation. We reserve the right to change, extend and/or terminate the free offer terms for any user on a case by case basis.

Optic Nerve AI, LLC makes available trial offers for the limited use of the Services (each, a "Trial Offer") to new customers who provide a valid payment instrument, such as a credit card or other payment method. If you choose to start a Trial Offer, you will automatically join the paid subscription you have chosen at the end of the Trial Offer and you authorize Optic Nerve AI, LLC to charge your payment method a recurring monthly subscription fee or annual subscription fee, as applicable. If you wish to use additional Services beyond those included in the Trial Offer, you may be asked to separately purchase those Services or to upgrade to a paid subscription prior to the end of the Trial Offer period. Please visit our Plans and Pricing page for additional details on our available subscriptions.

Optic Nerve AI, LLC may automatically charge you at the end of the trial or for a subscription renewal unless you contact us that you want to cancel or downgrade your subscription. You can downgrade an auto-renewing paid subscription at any time.

To ensure uninterrupted service and to enable you to conveniently purchase additional products and services, Optic Nerve AI, LLC will store and update (e.g. upon expiration) your payment method on file with a 3rd party payment service. If we are unable to charge your designated payment method for any reason, we reserve the right to automatically downgrade your paid plan to a lower-priced plan or to suspend your paid subscription until your designated payment method can be charged again. Please note that it is your responsibility to maintain current billing information on file with Optic Nerve AI, LLC.

Refund Policy

We want you to be 100% satisfied with our Services. If you are less than satisfied or believe there has been an error in billing, please contact our Customer Service Department by email at support@opticnerve.ai immediately so that we can help you resolve the issue, provide a refund or offer credit that can be used for future Services.

When contacting us, please include any details relating to the Services you have purchased so that we can ensure you are completely satisfied with your Optic Nerve AI, LLC experience. All refund requests must be made within 30 days of purchase. If you wish to cancel an annual subscription, you may apply to receive a prorated refund for the remaining time which has not been used. In order to apply for a refund relating to an annual subscription, please email support@opticnerve.ai.

We do not offer refunds on payments we have collected for other third parties with a role in processing your order. We also cannot refund any money paid by you directly to third parties, such as payments made by you directly to any 3rd party Cloud Service providers.

Subscription Downgrade

To downgrade your subscription online, please contact us with the downgrade or cancelation option you would like.

Please note that if you choose to downgrade your subscription, Optic Nerve AI, LLC reserves the right to collect fees from you to cover fees charged to Optic Nerve AI, LLC or its agents on behalf of your account. In addition, if you fail to provide a payment on time, Optic Nerve AI, LLC reserves the right to downgrade your subscription without prior notice. Please note that downgrading may affect your ability to access the data you created on Optic Nerve AI, LLC's website and is recommended to download your data before requesting a downgrade in service.

Limitations of our Services

Optic Nerve AI, LLC provides a cloud service platform for collecting, organizing, curating, and distributing images and metadata describing these images for use in training machine learning models for image recognition. We give our best effort to insure data integrity, performance, scalability, system uptime and bug-free software. However, no software system is free from errors and we will do our best to fix any critical errors in a timely fashion.

Optic Nerve AI, LLC technology platform can integrate with other Cloud services (e.g. Amazon Web Services, Microsoft Azure, Google Cloud Platform, IBM Cloud, etc). The Cloud service cost associated with these integrations such as Artificial Intelligence, Compute and/or Storage components of these services are NOT covered under your subscription fee unless expressly listed in the pricing plan.

Termination of Subscription and Access Restriction

Optic Nerve AI, LLC reserves the right, in its sole discretion, to downgrade or terminate your access to the Services, for any reason and at any time without prior notice. For example, we may suspend or terminate your use of the Services if you are not complying with these Terms, or if you are using the Services in a manner that would expose us to legal liability, disrupt the Services or disrupt others' use of the Services.

If Optic Nerve AI, LLC elects to terminate your account, Optic Nerve AI, LLC will provide you with notice at your registered email address. Optic Nerve AI, LLC also reserves the right to modify or discontinue, either temporarily or permanently, any part of its Services with notice. You agree that Optic Nerve AI, LLC will not be liable to you or to any third party for any modification, suspension, or discontinuance of your subscription in the Services.

Ownership and Preservation of Your Data

Optic Nerve AI, LLC does not claim ownership of any data you either create or upload and store using our Services ("Data") and will NOT use your training data to produce machine learning models or other artifacts owned by Optic Nerve AI, LLC without your expressed written permission. You grant permission for Optic Nerve AI, LLC to use your Data in connection with providing Services to you.

You acknowledge and agree that Optic Nerve AI, LLC may preserve these Data as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following:

to comply with legal process, applicable laws or government requests;
to enforce these Terms;
to respond to claims that any content violates the rights of third parties; or
to protect the rights, property, or personal safety of Optic Nerve AI, LLC, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that Optic Nerve AI, LLC has no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Services.

By creating an account, you agree that you may receive communications from Optic Nerve AI, LLC, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the "Unsubscribe" link in the footer of the actual email.

Acceptable Use of Communications Services

Our Services include a large number of what are collectively called "Communications Services." These include services such as live chats, comment threads, blog posts, question and answer products, customer service communication forums, calendars, and other message services. You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.
Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity except when
- You own or control the necessary rights, or
- You have received all necessary consents to do so.
Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another's computer.
Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Harvest or otherwise collect personally identifiable information about others, without their consent.
Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
Violate any applicable laws or regulations.

Although Optic Nerve AI, LLC has no obligation to monitor the Communication Services, we reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. Optic Nerve AI, LLC reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

No Unlawful or Prohibited Use

You can only use our Services if they do not conflict with or violate the laws of your jurisdiction(s). The availability of our Services in your jurisdiction(s) is not an invitation or offer by Optic Nerve AI, LLC to access or use our website or Services. By using our Services, you accept sole responsibility that you or any family member's use of or access to our Services does not violate any applicable laws in your jurisdiction(s). To enforce this provision, Optic Nerve AI, LLC reserves the right to refuse subscription, or suspend or terminate your account immediately and without prior notice at our sole discretion.

You may not hack, "scrape" or "crawl" OpticNerve.AI whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information Optic Nerve AI, LLC has not intentionally made available to you on its website via purchased subscription. Your use of the Optic Nerve AI, LLC website does not entitle you to resell any Optic Nerve AI, LLC content without prior express written consent from Optic Nerve AI, LLC.

License Grant

Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. As a registered Optic Nerve AI, LLC user, you are licensed to keep, for your own personal or business records, electronic or physical copies of data you have created on Optic Nerve AI, LLC. Any rights not expressly granted in these Terms are reserved by Optic Nerve AI, LLC.

When you transmit user content on Optic Nerve AI, LLC, you hereby grant Optic Nerve AI, LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Resale or unauthorized distribution of materials downloaded from the Optic Nerve AI, LLC website is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of Optic Nerve AI, LLC.

Intellectual Property Rights

Optic Nerve AI, LLC retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to:

Reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services;
Sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or
Circumvent or disable any security or technological features of our products and services.

The design, text, graphics and selection and arrangement thereof and services and the legal forms, data, guidance and all other content found on our website ("Service Content") are copyright © Optic Nerve AI, LLC Incorporated. All rights reserved.

Optic Nerve AI^™ is a trademark of Optic Nerve AI, LLC. These and any other Optic Nerve AI, LLC product or service names or slogans displayed on Optic Nerve AI, LLC products are trademarks of Optic Nerve AI, LLC Incorporated. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Optic Nerve AI, LLC is the service mark, trademark and/or trade dress of Optic Nerve AI, LLC Incorporated and you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of Optic Nerve AI, LLC's trademarks displayed on our website. All goodwill generated from the use of Optic Nerve AI, LLC's trademarks is reserved for the use of Optic Nerve AI, LLC, exclusively.

Copyright and DMCA

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

If you believe that any material on our website infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with Optic Nerve AI, LLC's Designated Copyright Agent:

Optic Nerve AI, LLC
Attn: Legal Department
26311 NE Valley St. #219
Duvall, WA 98019-8435
Email: legal@opticnerve.ai

Links to Third Party Sites

Optic Nerve AI, LLC's websites may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Sites." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. Optic Nerve AI, LLC does not sponsor and is not legally associated with any third party "linked sites." Optic Nerve AI, LLC is not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.

Optic Nerve AI, LLC does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. Optic Nerve AI, LLC is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.

If you use any service provided on a Linked Site, (a) Optic Nerve AI, LLC will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) Optic Nerve AI, LLC does not warrant or support any service provided by the third party.

Disclaimer of Representations and Liability

Please read this section carefully as it affects your rights

The information, software, products, and services made available through Optic Nerve AI, LLC may include inaccuracies or typographical errors. Optic Nerve AI, LLC and/or its suppliers may at any time make improvements or changes to our Services. Your use of our Services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, OPTIC NERVE AI, LLC AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OPTIC NERVE AI, LLC, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT OPTIC NERVE AI, LLC HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

OPTIC NERVE AI, LLC'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO OPTIC NERVE AI, LLC FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.

Release and Indemnity

On behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold Optic Nerve AI, LLC, your Program Sponsor and its affiliates and their respective officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Service. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.

You agree to indemnify and hold Optic Nerve AI, LLC, your Program Sponsor and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.

Dispute Resolution By Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing our Customer Service Department at support@opticnerve.ai.

However, if Optic Nerve AI, LLC is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution (" JAMS"). JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Duvall (WA), or any other location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.

Any notice to Optic Nerve AI, LLC should be addressed to Optic Nerve AI, LLC, 26311 NE Valley St. #219, Duvall, WA 98019-8435, Attention: General Counsel. Any notice to you shall be sent to your address as set forth in Optic Nerve AI, LLC's records of account or such other legal address as Optic Nerve AI, LLC is able to identify.

You may only resolve disputes with us or Participating Attorneys on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:

Either you or Optic Nerve AI, LLC may assert claims, if they qualify, in small claims court in King County Washington or in any United States county where you live or work without first engaging in arbitration or the informal dispute-resolution process described above.
Optic Nerve AI, LLC may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration or the informal dispute-resolution process described above.
Optic Nerve AI, LLC may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Services we agree that any resulting judicial proceedings will be brought in the federal or state courts of Seattle, Washington, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.

Optic Nerve AI, LLC may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the section of these Terms entitled "Modifications" below. You may reject any changes made during your subscription by sending us written notice. Such notice must be given within thirty (30) calendar days of the notice of modification to the following address: Optic Nerve AI, LLC, 26311 NE Valley St. #219, Duvall, WA 98019-8435, Attention: General Counsel.

Controlling Law

These Terms will be governed by Washington law except for its conflicts of laws principles.

Entire Agreement

These Terms constitute the entire agreement between you and Optic Nerve AI, LLC with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability and Assignment

Optic Nerve AI, LLC's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Optic Nerve AI, LLC may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

If you have any questions or concerns, please contact us at any time.