1. Scope of these Terms

These Terms of Use (the "Terms") apply to all Users, whether individuals or professionals, of the Software Services provided by the Brinno Content Platform (the "Platform"). These Terms govern all use, submissions, and purchases made through the Platform's database and associated AI-driven solutions.

2. Description of the Software Services

The Platform is a web application dedicated to transforming media data into insights through AI-driven solutions. The Platform reserves the right to update or adjust service features at any time. The Software Services allow Users to:

• Utilize media content from images or videos generated by cameras under the Brinno brand or other sources.
• Import, configure recording of, store, view or share media content uploaded manually or via automated connection.
• Access detection, analysis or reporting for objects, people, events and situations that utilize automated artificial intelligence algorithms.

3. Account Registration and Security

Users must create an account to access the Software Services, providing accurate and up-to-date registration information, including a name, an email address, and a password. Each User is limited to a single individual account, and login credentials (username and password) must be kept strictly personal and confidential. Users are prohibited from disclosing passwords to third parties and are solely responsible for all activities occurring under their accounts. Unless requested by Users otherwise, the Platform reserves the right to delete accounts that have remained inactive for two years.

4. User Obligations and Prohibited Conduct

The use of Software Services remains under the sole and entire responsibility of the User. Users undertake to:

• Verify results obtained from the AI to ensure they reflect reality before exploitation.
• Ensure they possess the necessary rights to transfer or disseminate content via the Platform.
• Refrain from using the Platform to transmit illegal, defamatory, or infringing content, or content containing viruses designed to limit software functionality.
• Avoid interfering with Platform integrity using "bots," "spiders," or other automated systems.

5. Intellectual Property Rights

Platform Ownership

The Platform provider owns the intellectual property rights to the software, algorithms, and content generated through those algorithms (the "Materials"). Access to these Materials does not constitute a transfer of ownership.

User License

Users are granted a non-exclusive, non-transferable, and limited license to access and use the Software Services for their individual research or internal professional needs.

Platform License to User Content

Users grant the Platform a worldwide, royalty-free, and sub-licensable license to host, use and modify their content to provide the Software Services and train image detecting models and machine learning models including continuous improvement. Original media content uploaded by users remains the property of the users. The Platform's use is limited to service provision and technical improvement, and will not be used for commercial promotion.

6. Privacy and Data Protection

The Platform collects and stores information to assess User needs and enhance services. Data processing is performed in accordance with applicable regulations, such as the GDPR and the CCPA/CPRA. Users are invited to read and accept the Brinno Privacy Policy.

7. Fees, Payment, and Termination

Users pay all applicable fees for paid services, which are generally non-refundable once they are activated. Subscriptions typically run on a recurring monthly or annual basis and will automatically renew unless cancelled. The Platform reserves the right to adjust fees and will provide prior notice to users. In cases of major service failures caused by the Platform, users may request refunds. The Platform may suspend or terminate access without notice in the event of a material breach of these Terms or non-payment of fees. See our Refund Policy for details.

8. Disclaimer of Warranties and Limitation of Liability

The Software Services are provided on an "as is" and "as available" basis. Because AI-driven solutions are automated, the Platform does not guarantee that results will be entirely reliable or meet specific requirements.

• The Platform is not liable for indirect or consequential damages including, but not limited to, lost profits or data.
• Liability is disclaimed for services provided free of charge.
• Liability for direct damages to paid services may arise and is capped at the actual amount paid by the User within the twelve months preceding the claim.
• The Platform does not guarantee uninterrupted or error-free services. The limitation of liability does not affect consumer rights mandated by law.

9. Governing Law and Jurisdiction

These Terms of Use, as well as any claim or dispute, shall be governed by the laws of the Republic of China (Taiwan), without regard to conflict of laws rules. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the Taipei District Court, Republic of China (Taiwan). If any provision of these Terms is deemed invalid, the remaining provisions shall remain in full force and effect.