Terms of Service

1. Definitions

"Service" means the mSightFlow platform, including but not limited to the web application, REST API, AI Studio, Annotation Studio, and any associated tools or services provided by mSightFlow.

"Provider" means mSightFlow, registered as an eenmanszaak (sole proprietorship) at the Dutch Chamber of Commerce (KVK).

"User" means any natural or legal person who accesses or uses the Service, whether through a free or paid subscription.

"Content" means any images, videos, files, annotations, labels, or other data uploaded to or generated through the Service.

"API Key" means the unique authentication credential issued to a User for programmatic access to the Service.

2. Applicability

These Terms apply to all use of the Service, including access via the website, API, or any integrated tools.

By creating an account or using the Service, the User agrees to these Terms. If the User does not agree, they must discontinue use immediately.

The Provider reserves the right to modify these Terms. Users will be notified of material changes via email or in-app notification. Continued use after notification constitutes acceptance.

3. Account Registration

Users must provide a valid email address and create a secure password to register.

Users are responsible for maintaining the confidentiality of their login credentials and API keys.

Users must be at least 16 years of age to create an account.

The Provider reserves the right to suspend or terminate accounts that violate these Terms.

4. Service Description and Plans

The Service provides content processing, labeling, and analysis capabilities through a web interface and REST API.

The Service is offered in multiple tiers: Free (limited usage with basic features), Standard (EUR 10/month), and Pro (EUR 29/month).

Feature availability and usage limits per tier are described on the Pricing page and may be adjusted with prior notice.

5. Payments and Billing

Paid subscriptions are billed monthly through Stripe. By subscribing, the User agrees to Stripe's terms of service.

Payments are due at the start of each billing cycle. Failed payments may result in temporary suspension of paid features.

Refunds are handled on a case-by-case basis. The User may cancel their subscription at any time; access continues until the end of the current billing period.

The Provider reserves the right to adjust pricing with at least 30 days' notice before the next billing cycle.

6. User Obligations

The User shall not use the Service for any unlawful purpose, upload content that infringes third-party intellectual property rights, or attempt to reverse-engineer, decompile, or circumvent security measures of the Service.

The User shall not use the Service to process content containing personal data of third parties without a lawful basis under the GDPR, share API keys or credentials with unauthorized parties, or exceed rate limits.

The User is solely responsible for the content they upload and process through the Service.

7. Intellectual Property

The Provider retains all rights to the Service, including its software, models, documentation, and branding.

The User retains all rights to Content they upload. The Provider does not claim ownership of User Content.

The Provider does not use User Content for training machine learning models unless the User provides explicit written consent.

The User grants the Provider a limited, non-exclusive license to process their Content solely for the purpose of providing the Service.

8. Liability

The Service is provided "as is" and "as available." The Provider makes no warranties regarding uninterrupted or error-free operation.

The Provider's total liability for direct damages shall not exceed the total amount paid by the User in the 12 months preceding the claim.

The Provider is not liable for indirect, incidental, special, or consequential damages, loss of data, revenue, or profit arising from use of the Service, or damages resulting from unauthorized access to User accounts due to the User's failure to secure credentials.

9. Data Processing

The Provider processes personal data in accordance with the Privacy Policy and applicable data protection laws (GDPR/AVG).

For business Users processing personal data of third parties through the Service, a separate Data Processing Agreement (Verwerkersovereenkomst) may be required.

Uploaded Content is stored in cloud infrastructure (AWS) within the EU region. Retention periods are specified in the Privacy Policy.

10. Termination

Either party may terminate the agreement at any time. The User may delete their account through the Service or by contacting support.

Upon termination, the Provider will delete User Content within 30 days, unless retention is required by law.

The Provider may immediately terminate or suspend access if the User materially breaches these Terms.

11. Governing Law and Disputes

These Terms are governed by the laws of the Netherlands.

Any disputes arising from these Terms shall first be attempted to be resolved amicably. If resolution is not reached within 30 days, the dispute shall be submitted to the competent court in the Netherlands.

12. Contact

For questions about these Terms, contact us at: support@msightflow.ai