Terms of Service

1. These Terms

1.1 Seventh Sense Artificial Intelligence Private Limited (“Seventh Sense AI” or “we” or “us”) provides software products and services including: (i) software-as-a-service (“SAAS”) for face recognition, video and speech search and related artificial intelligence capabilities; and (ii) “LUME”, a consumer mobile application providing post-quantum encrypted secure messaging, biometric-based authentication, a password vault, one-time password generation, and related security services (together, the “Services”). The Services are accessible by:

• Logging in through our websites, such as https://www.seventhsense.ai/ and https://developer.opencv.fr (the “Websites”)
• Using our mobile apps (the “Apps”)
• Using our software development kits (“SDK”) to access our application programming interface (“API”)
• Using our HTTP REST API from a programming language of your choosing

1.2 By using, accessing or browsing our platform and products including applications, mobile, software, website or other properties owned by or operated by Seventh Sense AI or by registering for a Seventh Sense AI account (“Services”), you agree to be bound by Seventh Sense AI’s Terms of Services (“Terms”) as outlined in this document.

1.3 We reserve the right to change the terms, including these Terms, and the Services we offer at any time.

1.4 Significant changes to the Services and these Terms will be notified to those who have ongoing contractual relationships with us. If you do not accept the changes, you must stop using and cancel your account by email.

1.5 Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.

1.6 If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and you represent and warrant to Seventh Sense AI that you have the authority to bind that organization to these Terms (in which event, “you” and “your” will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Services.

1.7 In order to operate and provide the Services, we collect certain information about you. We use and protect that information as described in our Privacy Policy and Notice as well as the Cookie Policy. You acknowledge your use of the Services is subject to our Privacy Policy and Notice and Cookie Policy and understand that it identifies how Seventh Sense AI collects, stores, and uses certain information.

1.8 In order to use the Service, you must be legally permitted to accept these Terms. Please read these Terms carefully in conjunction with our Privacy Policy and Notice and Cookie Policy.

1.9 If you do not agree with these Terms, do NOT register or use any of the Services.

2. Information About Us and How to Contact Us

2.1 Seventh Sense Artificial Intelligence Private Limited is a company registered in Singapore with our registered office at 36 Robinson Road, #20-01, Singapore 068877.

2.2 You can contact us by emailing support@seventhsense.ai.

2.4 When we use the words “writing” or “written” in these Terms, this includes emails.

3. Our Contract With You

3.1 Our acceptance of your order for any of our Services will take place when you receive confirmation via the signup page or when we email to you a confirmation, at which point a contract will come into existence between you and us.

3.2 If we are unable to accept your order, we will inform you of this.

4. Your Account

4.1 When registering with Seventh Sense AI you must: (a) provide true, current and complete information about yourself on the registration form and (b) maintain such information so it continues to be true, current and complete.

4.2 If you choose, or you are provided with, a user identification code, license key, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must keep your account details safe and must not disclose it to any third party.

4.3 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

4.4 You are entirely responsible for all materials and information that you upload, post or otherwise transmit via the Services (please also see our Acceptable Use Policy in Clause 8).

4.5 Only you may use your Seventh Sense AI account and you are responsible for all aspects of your account. Each user must have a separate account. You may not share, loan or transfer your ID or password. If you become aware of any unauthorized use of the Services or your account, or have any questions about your account please contact Support.

4.6 By registering with Seventh Sense AI or signing up for Services, you understand and consent to us sending you information regarding the Services, including: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; (c) administrative messages and other information; and (d) advertising, marketing, and other materials regarding Seventh Sense’s products and services. You may unsubscribe from commercial content at any time by emailing us.

5. Content

5.1 All electronic documents that you upload and store in your account is called “Content”. All Content uploaded by you into your account is yours. We don’t control, verify, or endorse the Content that you or others put in the Services. You are responsible for: (a) all Content in your Seventh Sense AI account(s) and that you share through the Services; and (b) making sure that you have all the rights you need in relation to the Content. In addition, by storing, using or transmitting Content you confirm that you will not violate any law or these Terms.

5.2 You agree to provide Seventh Sense AI (as well as agents or service providers acting on Seventh Sense AI’s behalf to provide the Services) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, and/or (iv) to respond to an emergency.

6. By Using Our Services, You Agree to Comply with Applicable Data Protection Laws

6.1 You acknowledge and agree that in the context of our facial recognition technology and video content search services:

1. our role is limited to that of a data processor;
2. you are the data controller; and
3. you are solely responsible for:
   1. using our Services in a lawful manner;
   2. obtaining any consent required from relevant data subjects; and
   3. maintaining such policies, procedures and standards and adopting data transfer agreements as may be required by law in order to use our Services lawfully in any relevant jurisdiction.

7. Copyright Complaints and Removal Policy

7.1 Seventh Sense AI respects the intellectual property of others and will respond to notices of alleged copyright infringement that comply with the law. We reserve the right to delete or disable Content alleged to violate copyright laws or these Terms and reserve the right to terminate the account(s) of violators.

7.2 If you believe there has been a violation of your intellectual property rights, please contact us at support@seventhsense.ai to submit a copyright complaint.

8. Acceptable Use Policy

8.1 You agree you will not, nor will you encourage others or assist others to, harm the Services or use the Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organization or Seventh Sense AI and/or to build a similar service or website.

8.2 You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Seventh Sense AI) to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service; (f) use the Services to, and/or cause Seventh Sense AI to, violate any law or distribute any malware or malicious Content; (g) use the Seventh Sense AI Service to communicate any message or material that is defamatory, harassing, libelous, threatening, or obscene; (h) use the Seventh Sense AI Service in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity; (i) distribute, post, share information or Content illegally or without permission; (j) use the Seventh Sense AI Service to disseminate or promote terrorism or terrorist activities; or (k) use the Seventh Sense AI Service to disseminate material that may infringe upon legally protected social rights and freedoms of a person(s).

8.3 We also reserve the right to deactivate, change and/or require you to change your user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Services. You also agree that if you learn of any unauthorized or unacceptable use of any account, Content or the Service, you will promptly contact Seventh Sense AI Support and take all reasonable steps to cooperate with Seventh Sense AI and assist in the termination of such use.

8.4 In addition to clause 8.2, if you are using LUME, you must not: (a) attempt to spoof, replicate, or defeat the App’s biometric liveness detection or SensePrint authentication systems; (b) attempt to reverse-engineer, circumvent, disable, or interfere with any encryption, key derivation, or zero-knowledge cryptographic mechanism within the App; (c) use the App to transmit, store, or distribute unlawful content, including content that is defamatory, fraudulent, or in violation of applicable export control or data protection laws; or (d) use the App from or on behalf of users located in any jurisdiction subject to comprehensive economic sanctions (see also clause 8.5).

8.5 Lawful use — Sanctioned Jurisdictions. You represent and warrant that: (i) you are not located in, incorporated in, or a national or resident of any jurisdiction subject to comprehensive economic sanctions designated by the United Nations Security Council, the European Union, the US Office of Foreign Assets Control (OFAC), or the Monetary Authority of Singapore (MAS); (ii) you are not listed on any applicable restricted-parties or specially designated nationals list; and (iii) you will not use any of the Services in violation of any applicable export control or sanctions law. We reserve the right to immediately suspend or terminate your access if we reasonably believe you are in breach of this clause.

9. Suspension and Termination of the Service

9.1 We may suspend or terminate your access to the Service at any time in our sole discretion or disable any Content if:

1. you are in breach of these Terms;
2. your use of the Services could cause a risk of harm or loss to Seventh Sense AI or our other users; or
3. Seventh Sense AI declines to renew your Subscription Period.

9.2 When reasonable and as permitted by law, Seventh Sense AI will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to Seventh Sense AI’s decision.

9.3 You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Services.

9.4 Upon termination you may request access to your Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or the Acceptable Use Policy terms in Clause 8. You must make such request within fourteen (14) days following termination otherwise, any Content you have stored with the Services may not be retrievable and we will have no obligation to maintain Content stored in your account after this fourteen (14) day period.

9.5 Where Seventh Sense AI intends to permanently discontinue the Services or any material part of them (including LUME), we will endeavour to provide users with at least 30 days’ advance notice by means of an in-app notice or a message to your registered contact address. During this notice period, you are encouraged to export or retain any data accessible to you. For LUME users: given the zero-knowledge architecture of LUME, certain data (such as encrypted messages and vault contents) is held exclusively on your device and in your own Google Drive backup; Seventh Sense AI has no ability to provide copies of such data on your behalf.

10. Service Updates and Changes

10.1 Seventh Sense AI may make deployments of changes, updates or enhancements to the Services or modifications to Seventh Sense AI’s default settings at any time. We may also add or remove functionalities or features, or we may suspend or stop the Services altogether.

11. Intellectual Property and Ownership of Content in the Services

11.1 All Seventh Sense AI content, including, but not limited to, text, graphics, logos, designs, icons, images, audio and video, technical drawings, configurations, graphics and software (collectively, “IP”) in any of our Services are protected materials owned by or licensed to us.

Copyright subsists in all written or recorded material and is made available or provided to you solely for your use pursuant to our contract with you under these Terms and may not be reproduced or disclosed without our prior written consent. Our Services may also contain trade marks, service marks and trade names owned by us or by third parties, and no licence to them is given to you.

12. Price, Payment, Subscriptions and Billing Options

12.1 The price of the Service (which includes taxes where applicable) will be the price indicated to you on the order page. You agree to pay this price when you purchase that Service.

12.2 We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements).

12.3 Seventh Sense AI reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at the then-current Fee(s). If you don’t agree to these changes, you must stop using the Service and cancel via email to support@seventhsense.ai (with cancellation confirmation from a Seventh Sense AI representative). If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued.

12.4 If you do not cancel in accordance with these Terms, the subscription for the Service will automatically renew at the then-current price and term length for the next subscription period. We will charge your credit card on file with us on the first day of the renewal of the subscription period.

12.5 If you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.

12.6 We offer monthly subscription plans (“Monthly Subscription Plan”). The subscription period for the Monthly Subscription Plan will be for one month and will automatically renew unless you cancel your Monthly Subscription Plan at least five (5) business days prior to the renewal date. You will be billed on or about the same day each month until such time that you cancel.

13. Seventh Sense AI Website and Social Media Platforms

13.1 You agree not to do any of the following while using our Websites and Social Media platforms:

1. Intentionally or knowingly violate applicable law or any agreement that you are bound by – including these Terms – nor the rights of any other party.
2. Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities.
3. Exceed authorised access, tamper with, or misuse any areas of our Websites or its related computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites.
4. Frame or link to any of our Websites, unless permitted in writing by us.

13.2 We are not responsible for websites we link to. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your ease of reference and information only. We have no control over the content of those sites or resources. Such links should not be interpreted as our endorsement or approval of those linked websites or any information you may obtain from them.

13.3 User-generated content is not approved by us. Our Websites and Social Media platforms may include information and materials uploaded by other users; any views expressed by other users on our site do not represent our views or values.

13.4 If you wish to complain about content uploaded by other users, please contact us using the helpdesk contact form on our Websites or Social Media platforms or by emailing support@seventhsense.ai.

14. No Warranty or Conditions

14.1 Other than as expressly stated, we do not make any commitments about the specific functionality available through the Services, their reliability, availability, or ability to meet your needs.

15. Indemnity

15.1 To the extent not prohibited by law, you will defend Seventh Sense AI against any cost, loss, damage, or other liability arising from any third party demand or claim that any Seventh Sense AI Content or information provided by you, or your use of the Services: (a) infringes a registered patent, trademark, copyright, or other intellectual property right of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Seventh Sense AI’s actions); or (b) violates applicable law or these Terms. Seventh Sense AI will reasonably notify you of any such claim or demand that is subject to your indemnification obligation of which it becomes aware.

16. Limitation of Liability

16.6 Nothing in these Terms shall exclude or limit the liability of you or Seventh Sense AI and its affiliates, officers, employees, agents, licensors, resellers, suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded or limited by law.

16.7 The provisions of this “Limitation of Liability” section allocates the risks under these Terms between you and Seventh Sense AI, and you and or Seventh Sense AI have relied on these limitations in determining whether to enter into these Terms and the pricing for the Services.

16.8 The restrictions on liability in this clause apply to every liability arising under, or in connection with, these Terms, including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

16.9 Subject to clause 16.6, the following types of loss are wholly excluded:

1. Loss of profits;
2. Loss of sales or business;
3. Loss of agreements or contracts;
4. Loss of anticipated savings;
5. Loss of use or corruption of software, data or information;
6. Loss of or damage to goodwill; and
7. Indirect or consequential loss or punitive damages.

16.10 This clause shall survive termination of the parties’ contract under these Terms.

17. General Provisions

17.1 Assignment and other dealings

1. We may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under these Terms.
2. You may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Terms without our prior written consent.

17.2 Entire agreement. These Terms prevail over any prior agreement or terms issued. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

17.3 Waiver. No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

17.4 Severance. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Terms. If any provision of these Terms is deemed deleted under this clause the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

17.5 Third party rights. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Terms.

17.6 Independent Contractors. Seventh Sense AI and you are not legal partners or agents; instead, our relationship is that of independent contractors.

17.7 Governing law. These Terms and the parties’ contract thereon, and any dispute or claim (including non-contractual disputes or claims) arising out of, or in connection with, these Terms or their subject matter or formation, shall be governed by and construed in accordance with the laws of Singapore.

17.8 Jurisdiction. Each party irrevocably agrees that the courts of the Republic of Singapore shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of, or in connection with, these Terms or the subject matter or formation of a contract thereunder.

18. Force Majeure

18.1 Seventh Sense AI shall not be in breach of these Terms, nor liable for any delay in performing or failure to perform any of its obligations, if such delay or failure results from a Force Majeure Event.

18.2 “Force Majeure Event” means any event or circumstance beyond our reasonable control, including but not limited to: acts of God; flood, fire, earthquake, epidemic, pandemic, or other natural disaster; war, invasion, act of foreign enemy, terrorism, or civil unrest; action or inaction of government or regulatory authority; industrial action or labour dispute (other than by our own employees); failure of a third-party telecommunications network, internet service, or utility service provider; or cyberattacks or denial-of-service attacks on our infrastructure.

18.3 In the event of a Force Majeure Event, we will: (i) notify you as soon as reasonably practicable; (ii) take all reasonable steps to mitigate the effect on the Services; and (iii) resume performance as soon as reasonably practicable after the Force Majeure Event ceases. If a Force Majeure Event continues for more than 30 consecutive days, either party may treat this as a ground to cease use of the Services without further liability.

19. LUME — Additional Terms and Acknowledgements

19.1 Biometric consent. By registering for LUME and enabling biometric-based authentication, you provide your explicit consent to the processing of biometric-derived data (in the form of the SensePrint cryptographic artefact) as described in our Privacy Policy and Notice. You acknowledge that the biometric processing occurs entirely on your device, that no raw facial image is transmitted to our servers, and that you may withdraw consent at any time by deleting your LUME account.

19.2 Zero-knowledge data limitation. You acknowledge that LUME is built on a zero-knowledge architecture. This means that Seventh Sense AI does not hold the keys to decrypt your messages, vault contents, or encrypted backups. As a consequence: (a) Seventh Sense AI cannot recover your data on your behalf if you lose access to your device or your recovery token; (b) in response to a data subject access request under applicable privacy law, certain data can only be provided in encrypted form, as we do not hold the decryption keys; and (c) the warranty exclusions and limitations of liability in Clause 14 and Clause 16 apply in full to any loss of data.

19.3 App store platform terms. If you download LUME from the Apple App Store or the Google Play Store, additional terms of the relevant app store operator (Apple Inc. or Google LLC) will apply to your use of the App. In the event of a conflict between these Terms and the applicable app store terms, the app store terms shall prevail only to the extent of the specific conflict and only in respect of your use of the App as distributed through that platform.

19.4 Privacy Policy. Your use of LUME is subject to our Privacy Policy and Notice, which is incorporated into these Terms by reference. The Privacy Policy governs how we collect, use, store, and protect your personal data in connection with the Services. By using LUME, you acknowledge that you have read and understood the Privacy Policy. In the event of any inconsistency between these Terms and the Privacy Policy in respect of data protection matters, the Privacy Policy shall prevail.