Terms of Use Applicable to Download and Use of ML Projects

In this Terms of Use ("TOU"), we, EdgeImpulse, Inc. ("Edge Impulse"), set forth the terms under which and you (as an individual) or, where applicable, the legal entity that you represent (“you”, “You”, “your” or “Your”) may access and use the Edge Impulse platform (“Platform”) to view and use User  Content (a as defined below).  By accessing the Platform and viewing or using any of the User Content, you are agreeing to this TOU.  If you do not agree to this TOU, you may not and should not use the Platform or access, view or use any User Content.

1. Access and Use of User Content.
   1. The Platform may make available public projects, data, output, documentation, files, and other materials for download any use (collectively, “User Content”).  When you access, download, clone, or otherwise use User Content, you do so at your risk. The existence of User Content or any opinions or advice expressed by others regarding any User Content shall not be construed as or imply an endorsement or recommendation by Edge Impulse or any of its affiliates.  Edge Impulse does not support, endorse or assume any responsibility for any User Content, its accuracy or usefulness, or any results you might achieve using any User Content. You acknowledge and agree that Edge Impulse may, but is not obligated to, screen, block, monitor, scan, assess, evaluate, or review any User Content, including without limitation to ensure its safety, security or compliance with laws.  For clarity Edge Impulse may in its discretion undertake the foregoing, including without limitation if requested or required to do so by law enforcement.  Edge Impulse, may in its sole discretion, remove any User Content from the Platform at any time for any reason (or no reason at all), and without notice to any user of the Platform or any provider of User Content.  In addition, Edge Impulse may suspend or terminate your access to or use of the Platform.
   2. No agency, partnership, joint venture, or employment is created as a result of this TOU or your use of any part of the Platform or any User Content.
   3. You acknowledge and agree that Edge Impulse is merely providing a platform upon which users can make available and license their User Content to others.  Edge Impulse is simply hosting the Platform for such purposes.  Edge Impulse does not grant to you any rights or licenses with respect to any User Content.  
   4. User Content uploaded to the Platform is the property of the rightsholders who upload it or on whose behalf it is uploaded.  Your rights and licenses with respect to each item of User Content is subject to this TOU, the terms and conditions and agreements agreed to by you and the provider of the User Content (the “License Agreement”) and any open source software licenses or additional third party licenses applicable to such User Content.  If no other additional terms and conditions are specified by the provider, the License Agreement applicable to your use of the User Content shall be the 3-Clause BSD License.  You agree to comply with this TOU, the License Agreement and the terms of any open source software license or other third party license applicable to your use of the User Content.  
   5. You are solely responsible for vetting the suitability of any User Content (and the corresponding License Agreement for your intended purposes.
   6. Your interactions with individuals and/or organizations found on or through the Platform, including without limitation your decision to use User Content provided by such individuals and/or organizations, is your decision for which you alone are responsible. You understand and agree that Edge Impulse does not and cannot (and does not) make any representations, warranties, or guarantees as to the suitability of (i) any User Content, information and/or data you may access via the Platform; (ii) any individual you may decide to interact with on or through the Platform; and/or (iii) the accuracy or suitability of any advice, information, or recommendations made by any user. You are solely responsible for vetting the suitability of any User Content (and its corresponding license terms) for your intended purposes, and you assume full responsibility and risk of loss resulting from your accessing, downloading and/or using of any User Content.
   7. IF THERE IS A DISPUTE BETWEEN USERS OF THE PLATFORM (INCLUDING WITHOUT LIMITATION BETWEEN YOU AND A PROVIDER OF USER CONTENT), OR BETWEEN ANY USER OF THE PLATFORM AND ANY OTHER THIRD PARTY REGARDING THE PLATFORM OR ANY USER CONTENT, YOU ACKNOWLEDGE AND AGREE THAT EDGE IMPULSE IS UNDER NO OBLIGATION TO BECOME INVOLVED IN SUCH DISPUTE.  IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ANY THIRD PARTY, YOU HEREBY RELEASE EDGE IMPULSE, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT AND CONSEQUENTIAL DAMAGES) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES. IF USER IS A CALIFORNIA RESIDENT, USER WAIVES CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."‍
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2. ‍Use Restrictions. Notwithstanding any provision of any License Agreement to the contrary and unless expressly agreed in writing by an authorized representative of Edge Impulse, you will not (and will not permit any other person) to do any of the following or use the User Content for any of the following purposes or applications (collectively, “Prohibited Uses”):
   1. Military use. “Military use” includes use by any person or entity for any military purpose, including without limitation any project sponsored or paid for by a military organization, as well as for any purpose by a military organization. For purposes of this Agreement, “Military” includes without limitation the U.S. Department of Defense (with the exception of DARPA); U.S. Armed Forces (including the Army, Navy, Marines, Air Force, and Coast Guard); U.S. Department of Homeland Security; U.S. intelligence agencies (including reconnaissance agencies); and all foreign counterparts of the foregoing organizations;
   2. Criminal use. “Criminal use” includes both activities which are prohibited under any applicable law or regulation, as well as activities associated with identifying criminal activity, including uses designed to (alone or in conjunction with other software or hardware) predict the likelihood that a crime has been or may be committed by any person, including but not limited to predictive policing, based on a person’s facial attributes or facial and emotion analysis, or using personal data and/or personal characteristics or features such as a person’s name, family name, address, gender, sexual orientation, race, religion, age, location, skin color, political affiliations, employment status and/or history, health and medical conditions or social media and publicly available data;
   3. In any way that violates any applicable national, federal, state, local or international law or regulation;
   4. To exploit, harm or attempt to exploit or harm any person, in any way; or any use that is intended to or which has the effect of exploiting, harming, or attempting to exploit or harm any person;
   5. To generate or disseminate verifiably false information with the purpose of harming others;
   6. To generate or disseminate personal identifiable information that can be used to harm an individual;
   7. To generate or disseminate information or content, in any context (e.g. posts, articles, tweets, chatbots or other kinds of automated bots) without expressly and intelligibly disclaiming that the text is machine generated;
   8. To defame, disparage or otherwise harass others;
   9. To impersonate or attempt to impersonate others;
   10. For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
   11. For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
   12. Social scoring;
   13. To exploit any of the vulnerabilities of a specific group of persons based on their age, disability, economic or social situation, physical or mental characteristics, including without limitation in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
   14. For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
   15. Unfair, manipulative or deceptive acts;
   16. Generating facial recognition databases by scraping images from the internet or CCTV footage;
   17. Biometric categorization system (sensitive characteristics);
   18. Real-time remote biometric identification in publicly accessible spaces for law enforcement; and/or
   19. Emotion recognition in workplace and education.
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3. High-Risk Use Cases. The following use cases and applications for the User Content are considered high-risk (the “High-Risk Applications”): (1) biometric identification (not otherwise considered a Prohibited Uses); (2) critical infrastructure; (3) education and vocational training; (4) employment; (5) access to and enjoyment of essential private services and essential public services and benefits; (6) law enforcement; (7) migration, asylum, and border control management; (8) recommender systems of social media platforms; (9) administration of justice and democratic processes; and/or (10) any other AI system that when deployed, makes, or is a substantial factor in making, a consequential decision.  For clarity, if a particular use that is generally described above as a High-Risk Application is also a Prohibited Use or arguably a Prohibited Use, then that use will be deemed a Prohibited Use for purposes of this TOU.  We advise against using the User Content for or in connection with High-Risk Applications, including without limitation because the User Content is not designed or intended for use in connection with any High Risk Applications.  Your use of the User Content for any High-Risk Application is at your sole risk and you assume all risk associated with using the User Content for High-Risk Applications.‍
4. Disclaimer. THE USER CONTENT ACCESSIBLE ON THE PLATFORM IS PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EDGE IMPULSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY OTHER CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY. EDGE IMPULSE DOES NOT WARRANT THAT THE PLATFORM OR FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EDGE IMPULSE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM OR USER CONTENT ON THE PLATFORM, INCLUDING WITHOUT LIMITATION IN TERMS OF CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT EDGE IMPULSE OR ITS LICENSORS) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION. COMMENTARY AND OTHER MATERIALS POSTED ON THE PLATFORM ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED AND EDGE IMPULSE THEREFORE DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY SUCH RELIANCE.
   WITHOUT LIMITING THE FOREGOING, EDGE IMPULSE DOES NOT WARRANT THAT ANY USER CONTENT IS OR WILL BE RELIABLE, SECURE, OR ERROR-FREE; THAT IT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT IT WILL MEET YOUR REQUIREMENTS; THAT NO VIRUSES OR OTHER HARMFUL COMPONENTS ARE PRESENT; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.‍
5. Limitation of liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EDGE IMPULSE, ITS DIRECT AND INDIRECT SUBSIDIARIES AND PARENT COMPANIES AND OTHER AFFILIATES BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS DAMAGES OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARISE OR RESULT FROM OR ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR ANY USER CONTENT MADE AVAILABLE ON OR THROUGH THE PLATFORM. UNDER NO CIRCUMSTANCES SHALL EDGE IMPULSE’S AGGREGATE LIABILITY EXCEED $5.00. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EDGE IMPULSE, ITS DIRECT AND INDIRECT SUBSIDIARIES AND PARENT COMPANIES AND OTHER AFFILIATES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE PLATFORM OR ANY POSTING TO THE PLATFORM. YOU ACKNOWLEDGE THAT THE TERMS IN THIS SECTION (LIMITATION OF LIABILITY) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY EVEN IF AN EXCLUSIVE OR LIMITED REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE AND WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE.‍
6. Indemnity.  If you violate this TOU (including without limitation using the User Content for a Prohibited Use) or if you elect to use User Content for or in connection with any High-Risk Applications, then you agree to indemnify and hold Edge Impulse, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims, actions, proceedings, assessments, damages, or expenses (including attorneys’ fees), made against Edge Impulse or its affiliates by any third party due to, arising out of, or in connection with such violation of this TOU or your use of the User Content for or in connection with High-Risk Applications.‍
7. Notices of copyright infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Edge Impulse’s Designated Agent in writing at the following address:
   EdgeImpulse, Inc.
   Attn. Legal Department
   3031 Tisch Way, 110 Plaza West
   San Jose, CA 95128, U.S.A.
   Email Address of Designated Agent: legal@edgeimpulse.com  
   To be effective, the notification must be a written communication that includes the following:
   1. A physical or electronic signature of the owner whose exclusive right is allegedly infringed or a person authorized to act on his or her behalf;
   2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
   3. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Edge Impulse to locate the material on the Platform;
   4. Information reasonably sufficient to permit Edge Impulse to contact the copyright owner or his/her authorized agent including an address, telephone number, and if available, an electronic mail address;
   5. A statement that the copyright owner or authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
   6. A statement that the information in the notification is accurate, and if submitted by the owner’s authorized agent a statement under penalty of perjury, that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Platform, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide a counter-notification in writing to the Designated Agent that includes the information below.
      To be effective, a counter notification must be a written communication provided to Edge Impulse’s Designated Agent at the above-provided address that includes substantially the following:
      1. A physical or electronic signature of the alleged infringer;
      2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
      3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
      4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for San Diego County, California, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Edge Impulse may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.‍
8. ‍Sanctions and Export Restrictions. You, and (to the extent you represent a legal entity) your legal entity’s affiliates, acknowledge that User Content may be subject to U.S. export control and economic sanctions laws, orders, and regulations, including, without limitation, the Export Administration Regulations ("EAR"), 15 CFR Parts 730-774, and the Foreign Assets Control Regulations, 31 CFR Parts 500-599, as well as similar laws and regulations of other applicable jurisdictions (collectively “Export and Sanctions Laws”). You, and (to the extent you represent a legal entity) your legal entity’s affiliates, agree not to directly or indirectly export, re-export, transfer or release (collectively, "Export") any User Content, or any direct product thereof, to any country or territory, its government, any entity located in or organized under the laws of such country or territory, or any individual located or resident in such country or territory, if, at the time of Export, the U.S. government maintains comprehensive economic sanctions or an embargo with respect to such country or territory (“Embargoed Country”), without prior government authorization. The U.S. government currently maintains comprehensive economic sanctions or an embargo against Cuba, Iran, North Korea, Syria, and the Crimea and other regions of Ukraine controlled by the Russian Federation. The U.S. government also has imposed extensive export controls and economic sanctions on, inter alia, Belarus, the Russian Federation, and Venezuela. The list of impacted countries may be amended over time. Further, you warrant that neither you, nor (to the extent you represent a legal entity) your legal entity’s affiliates, are: (i) listed on a prohibited or restricted party list published by the U.S. government, including but not limited to the U.S. Department of Treasury’s “List of Specially Designated Nationals and Blocked Persons” and “Consolidated Sanctions List”, and the U.S. Department of Commerce’s Entity List, Unverified List, and Denied Persons List, or any similar list maintained by the United Kingdom, the European Union or its Member States, or other applicable local authority; (ii) located, organized or resident in an Embargoed Country; (iii) owned (50% or more in the aggregate) or controlled, directly or indirectly, by a person or entity described in clauses (i) or (ii); or (iv) otherwise the target of U.S. sanctions (collectively, “Restricted Parties”). You shall not Export any User Content to any Restricted Parties without prior government authorization, to the extent required by regulation.  You, and (to the extent you represent a legal entity), your legal entity’s affiliates (i) will comply with all Export and Sanctions Laws; and (ii) will not engage in any activity that would reasonably be expected to cause Edge Impulse to violate any Export and Sanctions Laws. ‍
9. Compliance with Laws.  You must comply with all domestic and foreign laws, regulations, and rules in connection with your use, reproduction, modification, and distribution of User Content. ‍
10. Modification & Termination. This TOU is effective until modified or terminated by Edge Impulse. Edge Impulse may modify this TOU from time to time and the new TOU will be effective when posted. Edge Impulse may also terminate this TOU at any time without notice to you. In the event of termination, you are no longer authorized to access the Platform or any User Content and the restrictions imposed on you with respect to User Content downloaded from the Platform, the disclaimers and limitations of liabilities, and export restrictions set forth in this agreement, shall survive.‍
11. Language.  This TOU is solely effective in its English language version and any translations of this TOU are provided solely for information and convenience. In the event this TOU is translated into any language other than English, the English version shall in all respects control and apply in case of any differences or discrepancies.‍
12. Governing Law. This TOU shall be governed by and construed in accordance with the laws of the State of California, United States of America without giving effect to any principles or conflicts of law.‍
13. Severability. If any provision of this TOU shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.