Terms of Service
Effective
These terms govern use of the Occurra video management service, including the recorder software we provide for the Customer's equipment, its applications and APIs (the "Service"), provided by Occurra, Inc. ("Occurra", "we", "us"). The organization that signs up for the Service is the "Customer"; the people it invites are its "Users"; "you" means the Customer and each of its Users. By creating an organization or using the Service, you agree to these terms. If you accept them for an organization, you confirm that you have authority to bind it.
If the Customer has signed a separate agreement with us for the Service, that agreement prevails where it conflicts with these terms.
1. For businesses only
The Service is offered to businesses and other organizations, not to consumers for personal, family or household use. Users must be at least 18 years old.
2. An early service
Occurra is in early development. Features may change, stop working or be withdrawn, we may need to migrate or reset data, and the Service may be unavailable at times. During a pilot, meaning use before the Customer has agreed to pay fees, the Service is free of charge. If we introduce fees, they will be set out in a separate agreement or order the Customer accepts, and nothing will be charged without it.
3. Accounts
Users sign in with their Google account. The Customer's administrators decide who belongs to the organization, their roles, and the sites and hours they may access, and are responsible for keeping that list current. The Customer is responsible for everything done under its Users' accounts and must tell us promptly at legal@occurra.com if it suspects unauthorized access.
4. Lawful use of cameras
Video surveillance is regulated. The Customer is solely responsible for deciding which cameras to connect and how to use the Service, and for complying with every law that applies to that use, including laws on privacy, data protection, biometric data, workplace monitoring and audio recording. In particular, the Customer must:
- give the people its cameras record any notice the law requires, such as signage, and obtain any consent the law requires;
- have a lawful basis for naming people as enrolled identities and for searching for them, and delete an enrolled identity when it no longer needs it;
- handle requests from those people about their data;
- configure privacy blurring, access and retention appropriately for its sites.
5. Acceptable use
The Customer and its Users must not:
- use the Service to stalk, harass or unlawfully track anyone, or to record places where people have a reasonable expectation of privacy, such as restrooms or locker rooms;
- make decisions with legal or similarly significant effects on a person based solely on the Service's automated output;
- use the Service in breach of the law, or to infringe anyone's rights;
- attempt to access other Customers' data, probe or break the Service's security, or interfere with its operation;
- copy, resell or reverse engineer the Service, except where the law expressly allows it, or use it to build a competing product;
- overload the Service or access it by automated means other than the interfaces we provide for that purpose.
6. Customer Data
The Customer keeps all rights in the data its cameras, recorders and Users put into the Service, and in the events, images and search data the Service derives from it ("Customer Data"). The Customer grants us the rights we need to host, process and transmit Customer Data to provide, secure and support the Service, and for no other purpose. We will not sell or share Customer Data or combine it with other Customers' data. We will maintain reasonable technical and organizational security measures and tell the Customer without undue delay of a security incident affecting its Customer Data. We do not use Customer Data to train AI models. Our Privacy Policy describes how we handle personal data, including the service providers that process it. The Customer confirms that it has the rights and consents needed for us to process Customer Data as these terms describe.
Recordings stay on the Customer's own recorders. The Customer is responsible for that equipment, its storage and its backups.
7. AI features
The Service uses machine learning to detect, describe and search what cameras see, to match enrolled identities, to run rules and to answer questions. Its output can be wrong or incomplete: it may miss events, misidentify people or objects, or describe things that did not happen. The Customer must verify important output against the footage before acting on it.
The Service is not a monitored alarm, life-safety or emergency system. Rules, alerts and warnings may be delayed or fail, for example when a recorder, a camera or a network connection is down. Do not rely on the Service as the only means of protecting people or property, or of calling emergency services.
8. Third-party services
The Service works with services we do not control, such as Google sign-in, Telegram, AI model providers, and the Customer's cameras and network. Their own terms apply to them, and we are not responsible for their availability. How they handle personal data is described in the Privacy Policy.
9. Our rights
We own the Service, including its software, design and documentation. These terms grant the Customer a limited, non-exclusive, non-transferable right to use the Service, and to install and run the recorder software on its own equipment, while these terms are in effect, for its internal business purposes. If the Customer or its Users send us suggestions or feedback, we may use them without obligation.
10. Suspension and termination
The Customer may stop using the Service at any time. We may suspend or end access to the Service if the Customer or its Users breach these terms, if needed to prevent harm to the Service, other Customers or the public, or if we end a pilot or discontinue the Service; except in an emergency, we will give reasonable notice first. After termination, the Customer may ask us to delete its Customer Data, as described in the Privacy Policy. We may delete Customer Data 30 days after termination; the Customer should keep its own copies of anything it needs. Sections 6, 7, 9, 11, 12, 13 and 15 survive termination.
11. Disclaimer
TO THE EXTENT THE LAW ALLOWS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL DETECT ANY PARTICULAR EVENT, OR THAT ITS OUTPUT WILL BE ACCURATE.
12. Limitation of liability
TO THE EXTENT THE LAW ALLOWS, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS THE CUSTOMER PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AND ONE HUNDRED US DOLLARS (US $100). THESE LIMITS DO NOT APPLY TO THE CUSTOMER'S OBLIGATIONS UNDER SECTION 13 OR TO LIABILITY THE LAW DOES NOT ALLOW TO BE LIMITED.
13. Indemnity
The Customer will defend and indemnify Occurra against third-party claims, and the resulting losses and costs, arising from the Customer's or its Users' use of cameras or of the Service in breach of these terms or of the law, from Customer Data, or from a breach of sections 4 or 5, except to the extent the claim results from our breach of these terms. We will tell the Customer promptly of such a claim, let it control the defense, and not settle it without the Customer's consent.
14. Changes to these terms
We may update these terms. We will post the new version here with a new effective date and, for a material change, tell Customers at least 30 days before it takes effect, by email to their administrators or by a notice in the Service. Continuing to use the Service after that date means accepting the new terms.
15. General
These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of or relating to them, and each party consents to that jurisdiction. Neither party may assign these terms without the other's consent, except to a successor in a merger, acquisition or sale of substantially all of its assets. If any provision is unenforceable, the rest remain in effect. Failing to enforce a provision is not a waiver of it. These terms and the Privacy Policy are the entire agreement between the parties about the Service, unless a separate signed agreement applies.
Neither party is liable for delay or failure caused by events beyond its reasonable control. The parties are independent contractors, and these terms create no rights for anyone other than the parties. The Customer must comply with US export control and sanctions laws, and may not use the Service in an embargoed country or if it is a sanctioned party. We give notices to the Customer by email to its administrators or in the Service; the Customer gives notices to us at legal@occurra.com.
16. Contact
Occurra, Inc.
3328 Reta St, Glendale, CA 91214, USA
legal@occurra.com