Terms of ServiceGuidelines for Using Pixeltable

Please read these terms carefully before using our platform and services.

1. Acceptance of Terms

By accessing or using Pixeltable's website, products, or services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services.

We may modify these Terms at any time. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

2. Description of Services

Pixeltable provides a declarative data infrastructure for building multimodal AI applications. Our Services enable incremental storage, transformation, indexing, and orchestration of data, serving as the foundation for AI applications.

We offer both open-source and managed cloud versions of our platform, with different features and capabilities as described on our pricing page.

3. Account Registration and Security

To access certain features of the Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. User Conduct

You agree not to use the Services to:

  • Violate any applicable law, regulation, or third-party rights
  • Upload, transmit, or distribute any content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
  • Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services
  • Use the Services to develop, generate, or facilitate illegal or harmful outputs or activities
  • Interfere with or disrupt the integrity or performance of the Services
  • Engage in any activity that could disable, overburden, or impair the functioning of the Services

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Services and their contents, features, and functionality are owned by Pixeltable, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in the Services, or any content, features, or functionality of the Services, other than the limited license to use the Services in accordance with these Terms.

5.2 Open Source Components

Certain components of the Services may be offered under an open source license. In such cases, the terms of the applicable open source license may expressly override some of these Terms.

5.3 Your Content

You retain all rights to any content you submit, post, or display on or through the Services ("User Content"). By submitting, posting, or displaying User Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with providing and improving the Services.

6. Data Privacy

Our collection and use of personal information in connection with the Services is governed by our Privacy Policy. By using the Services, you consent to our collection and use of personal information as described in the Privacy Policy.

7. Subscription Terms and Payment

7.1 Subscription Plans

We offer various subscription plans for our Services, as described on our pricing page. You agree to pay all fees associated with the subscription plan you select.

7.2 Payment

All payments are due at the time of purchase or renewal. You agree to provide accurate and complete billing information, including name, address, credit card information, or other payment method information.

7.3 Renewal and Cancellation

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us.

8. Limitation of Liability

To the maximum extent permitted by law, in no event shall Pixeltable, its affiliates, directors, employees, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to your use of, or inability to use, the Services.

Our liability is limited to the maximum extent permitted by law. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

9. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Services or the servers that make them available are free of viruses or other harmful components.

10. Indemnification

You agree to indemnify, defend, and hold harmless Pixeltable, its affiliates, directors, employees, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your use of the Services, your User Content, or your violation of these Terms.

11. Confidentiality

11.1 Definition

"Confidential Information" means information disclosed by one party (the "Discloser") to the other party (the "Recipient") under these Terms that is designated as proprietary or confidential or that reasonably should be understood to be proprietary or confidential due to its nature and the circumstances of its disclosure. Pixeltable's Confidential Information includes, but is not limited to, non-public technical or performance information about the Services, and the terms of any specific agreements between you and Pixeltable. Your Confidential Information includes your User Content that is non-public.

11.2 Obligations

The Recipient agrees to: (a) hold Confidential Information in strict confidence and not disclose it to third parties except as permitted in these Terms; and (b) only use Confidential Information to fulfill its obligations and exercise its rights under these Terms. The Recipient may disclose Confidential Information to its employees, agents, contractors, and other representatives having a legitimate need to know, provided that the Recipient remains responsible for their compliance with this Section and such representatives are bound to confidentiality obligations no less protective than those in this Section.

11.3 Exclusions

These confidentiality obligations do not apply to information that the Recipient can document: (a) is or becomes public knowledge through no fault of the Recipient; (b) was rightfully known or possessed by the Recipient prior to receipt from the Discloser; (c) was rightfully received by the Recipient from a third party without breach of any confidentiality obligations; or (d) was independently developed by the Recipient without using the Discloser's Confidential Information.

11.4 Required Disclosures

The Recipient may disclose Confidential Information if required by law, subpoena, or court order, provided (if permitted by law) it notifies the Discloser in advance (to the extent legally permissible) and cooperates in any reasonable effort by the Discloser to obtain confidential treatment or a protective order.

12. Suspension of Services

We may suspend your access to the Services, in whole or in part, immediately and without prior notice if:

  • You breach material terms of this Agreement, including without limitation Section 4 (User Conduct) or your payment obligations under Section 7 (Subscription Terms and Payment);
  • Your use of the Services poses a security risk to the Services, Pixeltable, or any third party;
  • We suspect fraudulent, abusive, or illegal activity in connection with your account or use of the Services;
  • Your actions otherwise risk harm to Pixeltable, our other users, or the integrity, availability, or security of the Services; or
  • We are required to do so by law, regulation, or governmental order.

Where practicable and legally permissible, we will use reasonable efforts to provide you with notice of any suspension. We will not be liable for any damages, liabilities, or losses you may incur as a result of a suspension in accordance with this section. If the issue leading to the suspension is resolved to our reasonable satisfaction, we may, at our discretion, restore your access to the Services.

13. Trials, Betas, and Free Services

Pixeltable may offer certain Services, or features thereof, on a free, trial, alpha, beta, or other early access basis ("Evaluation Services"). Your use of Evaluation Services is permitted only for your internal evaluation purposes during the period designated by Pixeltable, or if no period is designated, until terminated by Pixeltable in its sole discretion.

Evaluation Services are optional, and either party may terminate your access to Evaluation Services at any time for any reason. Evaluation Services may be inoperable, incomplete, or include features that Pixeltable may never release, and their features and performance information are Pixeltable's Confidential Information. You understand that Evaluation Services may contain bugs, errors, and other problems.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIXELTABLE PROVIDES NO WARRANTY (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INDEMNITY, OR SUPPORT FOR EVALUATION SERVICES, AND ALL EVALUATION SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". PIXELTABLE'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO YOUR USE OF EVALUATION SERVICES WILL NOT EXCEED FIFTY U.S. DOLLARS (USD $50.00).

14. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in San Francisco County, California.

16. Miscellaneous

16.1 Entire Agreement

These Terms constitute the entire agreement between you and Pixeltable regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the Services.

16.2 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

17. Contact Information

If you have any questions about these Terms, please contact us:

Last updated: June 1, 2024