Lobe Artificial Intelligence, Inc.
Terms of Service
Terms of Service
Last updated: July 30, 2018
Welcome to Lobe! These Terms of Service govern your access to and use of the Lobe Artificial Intelligence, Inc. (“Lobe”) artificial intelligence platform, websites (including lobe.ai and beta.lobe.ai), services, and products (the “Service”). The Service allows users to build, train, and export custom deep learning models using a simple visual interface. The Service also includes any other services or sites that link to these Lobe Terms of Service.
The Service is an early private beta offered to select users to obtain Feedback. Please read these Terms carefully. BECAUSE OF THE BETA NATURE OF THE SERVICE, LOBE STRONGLY DISCOURAGES YOU FROM USING ANY DATA ON THE SERVICE THAT YOU CONSIDER CONFIDENTIAL OR PROPRIETARY, OR THAT PERSONALLY IDENTIFIES, DIRECTLY OR INDIRECTLY, ANY INDIVIDUAL.
- General. Your use of the Service is subject to these Lobe Terms of Service (collectively “Terms”). By using, registering for, or accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.
- The Service.
- Your Account. You agree not to use any false, inaccurate or misleading information when signing up for your Lobe account. If you create a Lobe account on behalf of yourself, you represent that you are at least 18 years of age or able to form legally binding contracts under applicable law. If you create a Lobe account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. The Service is not currently being offered to residents of the European Union, and you represent that you are not a resident of the European Union.
- Service Use. Subject to your acceptance of, and compliance with, these Terms, you may use the Service for the sole purposes of testing the Service and providing Feedback to Lobe. You may not use this Service or any models created using it in a production or live environment. You are responsible for all activity that occurs under your Lobe account. When there’s something we need to tell you about the Service, we’ll send you a notification to the email associated with your Lobe account. We may also send you Service notifications by other means (for example by in-product messages). If the Service is canceled (whether by you or us), your right to access the Service stops immediately and your license to the Service ends. In addition, we have the right to delete all data associated with your account and use of the Service (except where prohibited by law). If we reasonably suspect that your Lobe account is being used by a third party fraudulently, Lobe may suspend your account without notice.
- Code of Conduct. By agreeing to these Terms, you agree that when using the Service you will not:
- Do anything illegal or engage in activity that is fraudulent, false or misleading;
- Circumvent any restrictions on access to or availability of the Service;
- Engage in activity that is harmful to you, the Service, or others;
- Infringe upon the rights of others;
- Engage in activity that violates the privacy of others;
- Help others break these rules;
- Use the Service (or any component thereof) to design or build a competitive service or to otherwise copy the design, functionality or user interfaces within the Service;
- Directly or indirectly offer or provide the Services as a service to third parties;
- Disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any aspect of the Service that is included in or accessible through the Service, except and only to the extent that the applicable copyright law expressly permits doing so; or
- Remove obscure, or alter any notice of any trademarks, service marks, service or trade names, logos, and other proprietary designations of Lobe, its affiliates or its suppliers.
- Data Ownership. For purposes of these Terms, “Data”means all data, information, text, images, audio, video or other content that you upload to the Service. We don’t claim ownership of your Data. Your Data remains yours and you are responsible for it. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for your Data that is uploaded or stored on or through the Service and that the collection, use, and retention of your Data will not violate any law or rights of others. Lobe cannot be held responsible for your Data or the material others upload, store or share using the Service.
- Data License. To the extent necessary to provide the Service to you and others, to protect you and the Service, to improve Lobe products and services, and to permit other Lobe users to use and improve the Service by developing additional products and services, you grant to Lobe, its affiliates, sublicensees and Lobe users a worldwide and royalty-free intellectual property license to see, use, host, reproduce, modify, distribute, publish, publicly and digitally perform and display, translate, adapt, and otherwise exploit your Data on the Service, in any form, format, media, or channels now known or later developed. You agree that your Data may appear in demonstrations or materials that promote the Service. The rights you grant to Lobe under this section shall survive termination of these Terms.
- Reservation of Rights and Feedback. Except as expressly provided under these Terms, Lobe does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by Lobe or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to Lobe any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback”), you give to Lobe, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires Lobe to license its platform, technologies or documentation to any third party because Lobe includes your Feedback in them. Even if designated as confidential, Lobe use Feedback for any purpose without obligation of any kind and Feedback will not create any confidentiality obligation.
- Using Third-Party Services. The Service may allow you to export models to services provided by independent third parties (“Third-Party Service”). The Third-Party Services may be subject to additional terms, which you should review. Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. Lobe does not license any intellectual property to you as part of any Third-Party Service and is not responsible or liable to you or others for information or services provided by any Third-Party Service.
- Service Availability; Termination. Lobe reserves the right to suspend or terminate your access to all or a portion of the Service at any time, without notice, for any reason whatsoever. You may discontinue your use of the Service at any time. The Service is an early private beta intended for gathering Feedback and is not production quality. The Service may be unavailable from time to time, and Lobe may change the Service at any time. The Service and any updates to the Service may be unreliable. You may experience errors, bugs, unexpected interruptions, delays or periods of inaccessibility, and loss of data. You assume all risks associated with your use of the Service. We have no obligation to provide any support services for the Service. Lobe is not liable for any disruption or loss you may suffer as a result or a disruption in the Service. We recommend that you regularly backup Data you store on the Service. Sections 1, 2,(a), 2(c), 3, 5, 9 through 14 and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms.
- Updates to These Terms. We may change these Terms at any time by posting the amended Terms on this page. Please check the Terms periodically for those changes. Your continued use of the Service after the posting of such changes constitutes your acceptance of the amended Terms. For your convenience, the date of last revision is included at the top of this page.
- Confidentiality. “Confidential Information” means non-public information, know-how, or trade secrets in any form, that (i) are designated by Lobe as being confidential, or (ii) a reasonable person knows or reasonably should understand to be confidential. Confidential Information includes, without limitation, any non-public information about Lobe or the Service that is disclosed to you in connection with these Terms. Confidential Information does not include the following types of information, however marked. Information that: (i) is, or becomes, publicly available without a breach of this Agreement; (ii) was lawfully known to you without an obligation to keep it confidential; (iii) is received from another source who can disclose it lawfully and without an obligation to keep it confidential; (iv) is independently developed; or (v) is Feedback. You agree to not disclose Confidential Information to third parties unless you are required to do so by a court order or law. You will use Confidential Information only for the purposes of the private beta relationship documented in this Agreement. You agree to take reasonable steps to protect the Confidential Information. These steps must be at least as protective as the steps you take to protect your (or your company’s) own confidential information. You may disclose Confidential Information if required by a court order or other government demand that has the force of law. Prior to disclosure, you must: (i) seek the highest level of protection available; and (ii) give Lobe reasonable prior notice to allow us to seek a protective order. You will notify Lobe if you learn of any leak of Confidential Information and will help prevent further leaks. Monetary damages may not sufficiently compensate a breach of this Agreement. We may seek court orders to stop the disclosure of Confidential Information in breach of this Agreement without the obligation of posting a bond.
- Choice of Law and Place to Resolve Disputes. The laws of the State of New York govern this Agreement. If federal jurisdiction exists, you and we consent to exclusive jurisdiction and venue in the federal courts of the Southern District of New York. If not, you and we consent to exclusive jurisdiction and venue in the state courts of the Borough of Manhattan, New York. The provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods do not apply.
- Warranties. LOBE AND OUR AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICE. LOBE DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED APPLICABLE LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DATA LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
- Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Lobe or any affiliates direct damages up to an amount up to USD$10.00. You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms or the Service.
- Miscellaneous. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Service. This is the entire agreement between you and Lobe for your use of the Service. It supersedes any prior agreements between you and Lobe regarding your use of the Service. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change. These Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for Lobe’s successors and assigns.
- Export Laws. You must comply with all domestic and international export laws and regulations that apply to the Service, which include restrictions on destinations, end users, and end use.