Use of the Robbie AI, Inc. (Robbie, we, or us) Visio® service, as further described here. As a condition of use of the Service, you agree on behalf of your company or organization (you) to be bound by and to observe these Terms. We may update these Terms from time to time, but any updates will only apply to new subscriptions or renewals of existing subscriptions, and we will provide you notice of the updated Terms.
Unless you have signed up for a Custom plan, the first fifteen (15) days from and after the date you sign up for the Service on www.robbie.ai constitute a free trial period. Following expiration of the trial period, you may elect to discontinue Service or to continue to receive Service in accordance with the terms of the plan to which you have subscribed, including applicable fees.
Details concerning available Service plans and applicable fees are described here. If you have subscribed to a Custom plan, details concerning the Service to be provided under such plan are as mutually agreed between you and us.
Provided you are current in the payment of all fees due in accordance with your plan and are in compliance with these Terms, Robbie will provide the Service in accordance with your plan and these Terms. Robbie is updating and improving its Service; therefore, features and functionality may change from time to time. Robbie will provide you with authentication credentials for up to two Users to access the Service and online support in accordance with its then-current policies, which are available here.
A User is one of your employees or contractors whom you have authorized to use the Service and who has created or been supplied with a user name and password conforming to Robbie’s security standards. In addition, at your request and expense (without mark-up), Robbie will supply you with one or more commercial off-the-shelf high-definition cameras that are compatible with the then-current version of the Service (Cameras). Details concerning compatible Cameras are available here.
Note that the Service is subject to the limitations, such as on time and data, that are set forth in the service plan to which you have subscribed. You may purchase additional time and data subject to the details of your plan.
The Service depends upon proper installation of one or more Cameras at your premises and connectivity among such Camera(s), your monitor(s) and computer(s), and the public Internet, which is used to transport images collected by the Cameras of your customers, potential customers, guests, and invitees (customers) to the servers where the images are processed using Robbie’s software algorithms. You are solely responsible for such installation and connectivity and all related costs and charges from your ISP or other providers or suppliers. Installation instructions are available from Robbie here. You will install the Cameras only in public places where customers do not have an expectation of privacy.
The Service also depends upon your having a high-speed Internet connection and an approved browser. Further details can be found here. You will use the Service only in accordance with all applicable laws and regulations. You are solely responsible to create and publicly display any legally required disclosures about the presence or operation of the Cameras, and associated data analysis and use. To the extent required by such laws and regulations, you will obtain individualized consent of natural persons who are photographed by the Cameras to the surveillance by the Cameras and transmission, storage, analysis, processing, display, and use of their images in connection with the Service. Robbie uses Google Cloud Platform servers located in the United States of America to host its software used to process the images.
In such regard, you expressly acknowledge and consent to the transmission of customer images to the United States of America and agree that, to the extent required by applicable laws and regulations, you will obtain the consent of customers to the same. To the extent such consent is not required by applicable laws and regulations, you will give customers sufficient notice of the same. You are responsible for the security of any computers or networks you use to access the Service, and you will prevent unauthorized access to, or use of, the Service, and notify us promptly of any such unauthorized use.
You will use the Service solely for internal business purposes in accordance with this Agreement. You will not, and will ensure Users do not: (i) link or attempt to link any individual image to any natural person through any method or correlation of images to unique identifiers, including but not limited to date/time stamp; (ii license, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party; (iii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iv) send or store software viruses, worms, Trojan horses or other harmful computer code; (v) interfere with or disrupt the integrity or performance of the Service or associated data; (vi) attempt to gain unauthorized access to the Service or its related systems or networks; (vii) modify, copy or create derivative works based on the Service or Robbie Technology (as defined below); or (viii) disassemble, reverse engineer, or decompile the Service or Robbie Technology.
You will pay the fees for the Service as specified in your plan. Fees will be paid on a monthly or annual basis in advance by credit card, as indicated here.
Our fees do not include any local, state, federal or foreign taxes, levies or duties of any nature (Taxes). You are responsible for paying all Taxes, excluding only taxes based on our income. If Robbie has the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount will be invoiced to and paid by you unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.
The Service is provided using (i) the Robbie name, the Robbie logo, the www.robbie.ai domain name, the trademark Visio®; (ii) software, algorithms, and documentation; and (iii) other technology, including graphical user interfaces, workflows, processes, know-how and other trade secrets, techniques, designs, inventions and other tangible or intangible technical material or information (collectively, Robbie Technology).
Other than the right to use the Service as further described in these terms, these Terms do not grant you or any Users or customers any rights or licenses to the Robbie Technology or related intellectual property rights, and all such rights are hereby expressly reserved to Robbie. You agree not to use any Robbie Technology to which you may gain access except for the purpose of receiving the Services and you agree not to disclose any Robbie Technology (except any Robbie Technology that has previously been disclosed to the public, such as trademarks) to any third party.
The Service collects images of human faces (who may be guests, employees, visitors, trespassers, etc.), processes and analyzes the images, and makes available to you summary data reports and information derived from such images for you to view on an on-line dashboard. Robbie does not need for the Service and does not wish to receive any information about the individuals whose images are collected and analyzed whatsoever. In particular, Robbie does not wish to receive any information that, by itself or when combined with other data or information, could be used to identify an individual, such as customer profile or guest or loyalty record or number, name, contact information, government identifier or identification, financial account number, or any other identifying or potentially identifying information (together, Potentially Identifying Information).
You agree, therefore, not to disclose, provide or transmit any Potentially Identifying Information to Robbie. You further agree that Robbie and its successors may retain the customer images and any data and information derived from such images in perpetuity and use such images, data, and information on an anonymous basis to improve the Service and for other internal business purposes, which do not include transfer to third parties except in connection with provision and improvement of the Service. Upon expiration or termination of your current subscription, Robbie will retain the customer images and data and information derived from such images for the period set out in your Service plan. Upon request during such time period, Robbie will provide you with a copy of such images, data, and information, which you may use in perpetuity subject to the Use Restrictions and compliance with applicable laws and regulations. After expiration of such time period, Robbie will no longer have any obligation to retain such images, data, and information.
Customer hereby grants to Robbie a royalty-free, worldwide, irrevocable, perpetual, sublicensable, transferable license to use or incorporate into the Service any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by customer or its Users relating to the operation of the Service.
Your satisfaction is very important to us. If you are not satisfied with the Service, please contact us at: support@Robbie.ai. If we are unable to correct the issue you have identified within a reasonable time period, we will refund the subscription fee for the month in which you contacted us (if you are on a monthly subscription plan) or a pro rata portion of the annual subscription fee (if you are on an annual subscription plan) based upon the portion of the current subscription term then remaining. In such case, your Service will terminate upon the date indicated in our notice to you.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY CHANGE OVER TIME. ROBBIE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ROBBIE HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE REFUND DESCRIBED ABOVE UNDER “SATISFACTION” CONSTITUTES YOUR SOLE AND EXCLUSIVITY REMEDY, AND ROBBIE’S SOLE AND EXCLUSIVITY LIABILITY AND OBLIGATION, IN CONNECTION WITH OR ARISING OUT OF THE SERVICE AND THESE TERMS REGARDLESS OF THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, ROBBIE WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF USE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Your subscription entitles you to use the Service during the monthly or annual term for which you have paid monthly or annual subscription fees, as indicated in your Service plan.
If you are not satisfied with the Service, you may contact Robbie as further described above under “Satisfaction.” If we have reason to believe that you or your Users have violated the Use Restrictions or applicable laws or regulations, we may suspend or terminate the Service. In such case we will provide you notice of such suspension or termination. If you have violated any other material term of these Terms and fail to correct the violation within fifteen (15) days after receipt of notice of such violation, we may suspend or terminate the Service.
The following provisions will survive termination or expiration of these Terms: Use Restrictions, Robbie Technology, Data, Suggestions, Disclaimer, Limitation of Liability, Termination, Survival, Waiver; Cumulative Remedies; Severability; Governing Law; Disputes, Entire Agreement.
Robbie may use your name and logo in Robbie’s lists of customers provided that such use will comply with your standard trademark guidelines provided to Robbie.
All legal notices under these Terms will be by email and will be deemed to have been given upon the business day after sending by email. Notices to Robbie will be sent to firstname.lastname@example.org or email@example.com. Notices to you will be sent to the email address you provided when you subscribed.
No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
If any provision of these Terms is held to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.
You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, and any attempt to do so will be void, except that you may assign them to a successor in interest of your entire business provided you provide written notice of such assignment to Robbie, together with the successor’s written agreement to be bound by these Terms, within thirty (30) days after such assignment. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
This Agreement will be governed by the laws of the Commonwealth of Massachusetts. Any dispute between you and Robbie that is not resolved through good faith discussions may be brought by either of us for resolution by binding arbitration under the Expedited Arbitration Rules of the International Chamber of Commerce. The arbitration will be conducted in the English language and will be held in Boston, Massachusetts before a single arbitrator. Each party will share equally the costs of the arbitration. Notwithstanding the foregoing, either party may seek and obtain injunctive or similar relief in any court of competent jurisdiction in connection with the enforcement of this Agreement.
These Terms, including documentation or Web pages referred to herein, constitute the entire agreement between you and Robbie with respect to the Service, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Notwithstanding any language to the contrary therein, no terms or conditions stated in any purchase order or be incorporated into or form any part of these Terms, and all such terms or conditions are hereby rejected and will be null and void.
Last updated: July 3rd, 2017