Cloud API Terms of Service
Overview
Thank you for using the Sighthound Cloud application programming interfaces (hereinafter “Sighthound Cloud APIs”). What follows is a legal agreement (the “Agreement”) between Sighthound, Inc (hereinafter “Sighthound” or “Our”) and you, a legal person, who accepted and received the API Key as defined below, (hereinafter “You”).
The Sighthound Cloud APIs allow you to incorporate certain computer vision capabilities, as described in the documentation, into your web-enabled application, website or service. These Terms of Service were written to allow You to understand what you can and what you can't do when using Sighthound Cloud APIs to detect, classify, track, tag, analyze or recognize humans, animals, objects or faces in photographs and videos, when and if such services are made generally available by Sighthound.
Sighthound allows You to use our API in a limited manner, for a limited number of API calls as defined from time to time by Sighthound.
You must create a Sighthound Account in order to access the Sighthound Cloud API and receive API Keys or tokens.
We also want You to make sure that Your users are notified when their photos are analyzed with Sighthound Cloud, and that you receive their consent before using their photos.
It is your responsibility to make sure that the content that goes through Sighthound Cloud APIs is legitimate, legal, and that You, or Your users, have the proper authority to use it.
To maintain a fair and decent use of Sighthound Cloud APIs, do not let anyone else use your API key.
Sighthound requires You to use industry standard security measures and make sure that You don't have any malware being installed on your or your users’ computers.
Sighthound wants to make sure that you know that in the event that we make available community resources such as blogs or developer forums that all the content you post to such website or developer areas will be displayed to others, and that others may use any source code or documentation you post. .
Alongside this legal document, which is a binding agreement between You and Sighthound, You should read the entire Sighthound Cloud API documentation and guidelines (hereinafter: “Guidelines”), which alongside these terms of service (hereinafter: “Terms”), constitute “API Documents”.
If You are not a natural person (e.g, you obtained the API Key for your company) you hereby warrant that You are in capacity to enter into this Agreement on behalf of the non-natural person.
If You are a natural person, you hereby warrant that you have the capacity to enter into these Terms, You are over 18, or You have obtained the consent and approval of Your Guardian.
Grant of License: You are hereby granted the authorization to use the Sighthound Cloud APIs on a worldwide (except as limited below), non-exclusive, non-transferable, revocable, limited basis according to the terms and conditions set forth herein.
In the event that you have not paid Sighthound to use the Sighthound Cloud API, you are classed as a developer and are subject to certain restrictions in your use of the service (the “Developer Terms”). Such restrictions may be amended or augmented from time to time at Sighthound’s discretion.
You must use the environment provided for developers (the “Developer Environment”).
Your use of the Developer Environment is for internal, development purposes only.
You must not use the Developer Environment for any commercial purpose, including but not limited to revenue generating, external facing, or marketing purposes.
If you use the Developer Environment for a commercial purpose or breach the Developer Terms, you agree to pay for all such use at the highest rates then in effect for Sighthound Cloud commercial services.
Your usage of the Developer Environment will be throttled to fifty API calls every 15 minutes, and is limited to a total of 5,000 API calls per month. If you wish to exceed those limits you must pay for use of the Commercial Environment, as described below.
You agree to create and use only one Sighthound account to access the Developer Environment and acknowledge that You have a limit of 5,000 free API calls per month on an individual basis, not on a per account basis.
You acknowledge that the Developer Environment is provided on a best efforts basis, and that you have no right to continuous or uninterrupted access to the service.
In the event that you have paid Sighthound for use of the Sighthound Cloud API under a paid access plan, You are entitled to access the Sighthound Cloud environment reserved for commercial use (“Commercial Environment”). As a Commercial Environment User, certain terms apply to You in regard to your use of the Commercial Environment.
You must use the Commercial Environment for commercial purposes and the Developer Environment for development purposes.
The Commercial Environment has technical limits on simultaneous API calls and certain other measures, including anti-Denial of Service attack measures, which are described in the API documentation or which may be obtained by contacting Sighthound Support.
You are permitted to use the number of API calls that are included in the plan you have purchased. If you use more API calls in period you have paid for, you must pay for the overage at the rates set in the plan.
Sighthound provides to paying users of the Commercial Environment a 100% Uptime Guarantee. To the extent that the Commercial Environment is inaccessible for more than 5 consecutive minutes in any given month, outside of published maintenance windows (an “Outage”) for reasons that are within the control of Sighthound and its vendors, then You shall be entitled to a free month of Sighthound Cloud API service at whatever plan level you were paying for at the time the service was inaccessible. Note that only one month of free service is provided for any and all outages that occur during a month of service; that there is no cash value to this guarantee; it excludes force majeure events and events generated by your own abnormal traffic; and refunds, other than statutory refunds, are not given.
Sighthound reserves the right to change plans, pricing and permitted API call volumes from time to time.
Your use of the Developer Environment for development and testing does not reduce the number of API calls you have paid for in the Commercial Environment. Pre-production testing, such as load testing, done in the Commercial Environment uses paid API calls.
You are required to advise Sighthound in the event that You plan or expect abnormally large volumes of API call traffic.
Restrictions on Use
You are permitted to use the Sighthound Cloud APIs, either as a developer or a commercial user, solely for the purpose of building an application to be marketed and licensed to end users, which will then use the Sighthound Cloud APIs, or other Sighthound on-premise or cloud software, in the run-time of your application. You may not resell access to the Sighthound Cloud APIs on a stand-alone basis to third parties and must not offer any form of time-sharing or hosted service that directly or indirectly competes with Sighthound. You are specifically prohibited from using the Sighthound Cloud API service to annotate, cleanse or analyze data, images or video with a view to building or augmenting a data set or training computer vision models. ANY AND ALL USE OF THE SIGHTHOUND CLOUD API MUST USE SIGHTHOUND PRODUCTS, SERVICES OR COMPUTER VISION MODELS IN THE RUN TIME, AND THAT IN THE EVENT OF ANY BREACH OF THIS LICENSE AGREEMENT YOU AGREE TO IMMEDIATLEY CEASE USE OF AND TRANSFER ALL RIGHTS OF OWNERSHIP OF ALL DATA, MODELS AND INTELLECTUAL PROPERTY CREATED OR AUGMENTED BY USE OF THE SIGHTHOUND CLOUD API IN CONTRAVENTION OF THIS LICENSE TO SIGHTHOUND WITHIN 30 DAYS OF SIGHTHOUND’S WRITTEN REQUEST.Termination: You may terminate the license at any time by discontinuing use of all or any of the Sighthound Cloud APIs.
Sighthound may terminate Your access to the Developer Environment at any time and for any reason.
Sighthound may terminate Your access to the Commercial Environment (i) in the event that You breach any of the Terms, or (ii) at the end of the period for which You have paid.
API Key: Sighthound Cloud shall provide You with an application identification key (“API Key”) which You will incorporate into Your application or service.
The Key Is Personal: The API Key is personal and secret. You may NOT transfer it to anyone else, or allow any other person to use the Key. If You are not a natural person and the API Key is in the name of a corporate entity, or the Commercial Environment paid plan is paid for by a corporate entity, then the API Key may not be transferred outside of that corporate entity.
Request for additional API Keys: You can request additional API Keys through your Sighthound Account. You must provide accurate identification, contact, and other information required as part of the registration process. You will NOT create any script or other automated tool that attempts to create multiple API Keys.
Your Application or Service does not infringe on any rights: You hereby warrant that Your Application or Service does not infringe any right of any 3rd party, including patents, trademarks, copyright, trade secrets, and all and any other rights. You also warrant that Your Application or Service does not, in any way, violate United States law or Your local laws.
Your Submissions must be non-offensive, legal and virus free: You hereby warrant that You have the full authorization to post all the materials posted to Sighthound Cloud. Any data provided to Sighthound Cloud must not contain harmful scripts or code.
API Compliance: If your product or service uses or is based upon the Sighthound Cloud APIs, then You shall comply with all the following:
Privacy Policy Adherence: You shall adhere to a privacy policy no less strict than Sighthound privacy policy; You may find Sighthound’s privacy policy at https://www.sighthound.com/privacy. Moreover, You must notify Your users what information you will use, who will be entitled to use such information and who processes information. If you are uncertain that Your privacy policy adheres to the Terms, consult an attorney.
Transparency to Users and Notification: If Your application or service makes any personal information available to any user apart from the user which provided the photographs, videos or data used by the Sighthound Cloud APIs, You must inform the users in the photos, that they were tagged by your service or application, to the greatest possible extent, and provide them with the ability to remove the tags, correct them or block the application or service.
Use of Industry Standard Security Mechanisms: Your networks, operating system and software of its web server(s), routers, databases, and computer systems must be properly configured to Internet industry standards, as required to securely operate your Application or Service. If you do not completely control any aspect of your system, you will use all control or influence that you have over such systems, and you will not architect or select systems in a manner to avoid the foregoing obligation. An example of an unacceptable server is one that hosts phishing websites, sells unlicensed pharmaceuticals or operates any other illegal activity. An example of architecting in an unacceptable manner would be if you select a server operated by a vendor with substandard security practices, so that you could contend that you do not control such server, in order to avoid having to select an acceptable server. You must promptly report any security deficiencies in or intrusions to your Systems that you discover to Sighthound in writing via email to privacy@sighthound.com . You will work with Sighthound to immediately correct any security deficiency, and will disconnect immediately any intrusions or intruder. In the event of any such security deficiency or intrusion, You will make no public statements (i.e. press, blogs, forums, etc.) without prior written and express permission from Sighthound in each instance.
Licensed Use: You hereby represent and warrant to Sighthound that you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute any content in, or made available to, Sighthound Cloud and Sighthound Cloud's users by your use of the Sighthound Cloud APIs in the manner contemplated under these Terms, and that use by Sighthound Cloud or others of any such content via the Sighthound Cloud web service or API shall not violate the rights of any third party (e.g., copyright, patent, trademark, or other proprietary right of any person or entity), or any applicable regulation or law, including but not limited to any export, re-export, or import laws and the laws of any country in which your content or service is made available;
No Disclosure of Data to 3rd parties: You may not store any Sighthound Cloud data (or 3rd Party user data) in any data repository which enables any 3rd party (other than the Sighthound Cloud user) access unless such third party access is disclosed in your privacy policy which must be directly accessible through a link in your Application.
Adhere to Best Practices
Illegal Use: You shall not use the Sighthound Cloud APIs in any manner or for any purpose that violates either Federal or State law in the United States, Your local law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms;
Non-Offensive Use: You shall not use the Sighthound Cloud APIs in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance. Interception, or descrambling equipment, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
Non-Critical Use: You may not use the Sighthound Cloud APIs to operate mission critical application where human life or property may be at stake. You understand that the Sighthound Cloud APIs are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Sighthound is not responsible;
Rate Limiting: You shall use the Sighthound Cloud APIs in a reasonable manner that complies with reasonable request volume, and shall not create any excessive or abusive usage, or otherwise fail to comply or is inconsistent with any part of the API Documents relating to rate limiting.
Non-Competition: You shall not use the Sighthound Cloud APIs in a product or service that competes with products or services offered by Sighthound.
3rd Party Terms: If your use of Sighthound Cloud APIs includes any 3rd party API:
You hereby agree to adhere to the terms set by any 3rd party which you use the Sighthound Cloud APIs to call, and shall not circumvent, or otherwise manipulate, any protection of Your, Sighthound Cloud's or the 3rd Party's terms of service. You shall adhere to the 3rd Party's guidelines, as they may vary from time to time, and not convey any information to users who are not entitled to obtain such information.
Assistance and Adherence: Sighthound takes users security and privacy very seriously, and You agree to give us all necessary assistance, at your own expense, to assure that the operation of Your application or service is in compliance with these Terms and any applicable laws. You shall provide Sighthound with any documentation required in order to verify that you are in compliance with these terms, and You shall cooperate, if needed, with all inquiries regarding any unauthorized use of Your API Key, Application or Service.
Obtaining Complete Consent: You shall be solely responsible for securing clear, express consent from the user, granting You permission to access such 3rd party account using his credentials, including if applicable, retrieving user-specific information, user’s friends account information, or writing information to user accounts. You will strictly comply with the scope of express consent they granted You when accessing such user accounts.
Support: The Developer Environment and the Sighthound Cloud APIs that access it are provided without any support. However, Sighthound may elect to provide You with support or modifications for the Sighthound Cloud APIs (collectively, "Support"), at its sole discretion, and may terminate such Support at any time without notice. The Commercial Environment and the Sighthound Cloud APIs that access it are provided with such support as is described on the website. This Support may be varied or suspended from time to time, although Sighthound will endeavor to provide commercially reasonable notice of such amendment or cessation of Support.
Warranty: THE SIGHTHOUND CLOUD APIS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND SIGHTHOUND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF SIGHTHOUND CLOUD APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY SIGHTHOUND CLOUD APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
SOME OF THE SIGHTHOUND CLOUD APIS ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. SIGHTHOUND DOES NOT REPRESENT OR WARRANT THAT ANY SIGHTHOUND CLOUD APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.Liability: SIGHTHOUND SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SIGHTHOUND CLOUD APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT SIGHTHOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL SIGHTHOUND BE LIABLE TO YOU FOR ANY AMOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.Waiver: To the maximum extent permitted by applicable law, you hereby release and waive all claims against Sighthound, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of Sighthound Cloud APIs. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
Indemnification: To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Sighthound and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Sighthound Cloud APIs (including anything you develop using the Sighthound Cloud APIs), including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Sighthound shall use good faith efforts to provide you with written notice of such claim, suit or action.
General Terms:
Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of these Terms, You and Sighthound shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Sighthound, express or implied, and you shall not attempt to bind Sighthound to any contract.
Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
Jurisdiction, Governing Law: The Terms and the relationship between you and Sighthound Cloud shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Sighthound Cloud agree to submit to any claim solely to the courts located within the county of San Mateo, California.
No Waiver: Sighthound's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Miscellaneous: The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms. Any construction or interpretation to be made of these Terms shall not be construed against the drafter. These Terms constitute the entire agreement between Sighthound and you with respect to the subject matter hereof.