Terms of service

Sightengine.com and the services provided are operated by Kozelo SAS, a company registered in France and located in Paris. These terms of service are made between Kozelo SAS and you or, if you represent any entity or organization, that entity or organization.

Sightengine provides services related to the classification and moderation of user-submitted photos through the website located at sightengine.com and its APIs.

Use of the services is subject to the terms defined in this agreement and is restricted to individuals aged 18 or more.

Please read the terms carefully. By submitting any order or by accessing/using our services you agree that you have read and accept these terms.

Definitions

"Sightengine" or "the service" means an automatic photo classification and moderation service made available through Sightengine.com

"The site": the website accessible at sightengine.com

"Plan" means the paid or free plan under which You access Sightengine

"The classification" means the scoring provided on each photo submitted to the service, scoring that attempts to reflect the probability that a given photo contains nudity

Term

This Agreement will be effective as soon as you subscribe to one of the plans made available by Sightengine. It will then automatically renew every month for an additional period of one month until Sightengine or you decide to terminate the subscription.

Unless otherwise stated in the order confirmation, you can request the upgrade, downgrade or termination of your plan at any time. The change will be effective at the start of the next billing period.

Subscription

During the term of this agreement, Sightengine will provide you with a limited subscription to access and use the Services subject to Confirmations under this Agreement, solely for Your own use in connection with your own business purposes. Your rights to access and use the Services are personal, non-exclusive, non-transferable and non-sublicensable. You understand that Sightengine may from time to time, in its sole discretion, update, change, revise, suspend or discontinue the Services (or any portion thereof) with or without notice.

Access to services

Upon Confirmation of Your Order by Sightengine, the rights granted to You under this Agreement entitle You to access the Services through an account. You will be provided with a user identification and password applicable to your Account ("Account ID"). Each Account ID is personal in nature and may be used only by You or, if You are an organization, by designated employees within Your organization or contractors who are contractually required to comply with the terms of this Agreement (such individual, as applicable, the "User" of the Account). You are solely responsible for all use of the Services by each User and for compliance by each User with the applicable terms of this Agreement. You will ensure the security and confidentiality of each Account ID and will notify Sightengine immediately if any Account ID is lost, stolen or otherwise compromised. You acknowledge that You are fully responsible for all costs, fees, liabilities or damages incurred through use of each Account ID (whether lawful or unlawful) and that any Services ordered or transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by You. In no event will Sightengine be liable for the foregoing obligations or the failure by You to fulfill such obligations. You will be solely responsible, at Your own expense, for acquiring, installing and maintaining all hardware, software and other equipment as may be necessary for You and each User to connect to, access, and use the Services and the Sites.

Restrictions

You acknowledge that the services, software, databases and hardware used by Sightengine to provide service constitute valuable trade secrets of Sightengine. As such, you will not and will not permit anybody nor any third party to :

  • use the Site, Services or any Software in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or Services
  • distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of Your rights to access or use the Services or any Software, including, without limitation, providing outsourcing, service bureau, hosting, application service provider or on-line services to third parties, or otherwise make the Services or any Software, or access thereto, available to any third party
  • reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or any trade secrets embodied in the Site, Services, Technology or any Software
  • attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Sites, Services, Technology, or any Software
  • interfere in any manner with the operation or hosting of the Sites, Services, Technology or any Software, or attempt to gain unauthorized access to the Sites, Services, Technology or any Software
  • allow any access to or use of the Services by anyone other than Your authorized Users

Payments and fees

You agree to pay to Sightengine all fees set forward in the order confirmations and all other fees specified on the site or through the services. The fees for each billing period will be due at the beginning of the period. Unpaid bills will lead to a termination of the plan.

Termination and suspension

This agreement may be terminated by Sightengine at anytime in Sightengine's sole discretion: in case you breach these terms and the breach remains uncured 10 days after notification from us, or at any time during any Trial or Free subscription. Sightengine may also terminate or suspend your access to the services at any time in case of actual, suspected or threatened breach of this Agreement. In this case, all on-going plans will be terminated. Fees owed by You will become due and payable.

Content

By posting any Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Sightengine a royalty-free, sublicensable, transferable, perpetual, irrevocable license to edit, store and use all such Content in connection with the Service and Sightengine's (and its successors’ and affiliates’) business, including without limitation in order to improve the Service and provide a better experience.

Indemnity

You agree to defend, indemnify and hold harmless Sightengine and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

No Warranty

Sightengine does not guarantee that the services will be accessible 100% of the time. Sightengine will do its best to prevent any network/hardware/software failure and maintain the highest possible uptime for its services. In case of failure, Sightengine may, at its own choice, decide to proceed with a commercial action and/or partial or total refund of the fees paid or owed by you.

No party shall be liable to the other for any delay or non-performance of its obligations under these Terms arising from any cause beyond its control including any of the following: telecommunications failure, governmental act, fire, act of war or flood. For the avoidance of doubt, nothing in this clause shall excuse You or any Paying User from any payment obligations under these Terms.

Moreover, Sightengine does not guarantee that the photo classification results from its services will be 100% accurate. The classification provided by Sightengine relies on an automatic process without any human intervention. As such, and despite the fact that we aim at achieving near-perfection, 100% accuracy can not be guaranteed. By agreeing with these Terms, You acknowledge that Sightengine may in no way be held responsible or accountable for any direct or indirect consequence of the wrong classification of Your photos.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

SIGHTENGINE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPANY SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIGHTENGINE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL SIGHTENGINE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIGHTENGINE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SIGHTENGINE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SIGHTENGINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Updates

These terms of service may be updated at anytime by Sightengine, you are therefore invited to check the terms of service on a regular basis. In case you no longer agree with these terms of service, we require you to immediately cease use of the services.

We will use reasonable endeavours to notify You of any significant change to these Terms by email or through the site.

Law and jurisdiction

These terms are governed by and construed in accordance with French law and each party hereby submits to the exclusive jurisdiction of the French courts.

Entity

Kozelo SAS
RCS Versailles 510 113 509
TVA FR57510113509
16 bis rue d'Odessa, Boite 37, 75014 Paris

Privacy and cookie policy

Sightengine takes privacy very seriously and is committed to ensuring Your privacy while at the same time trying to make your life easier and more personalised online.

Please be reminded that even though we may display links to third-party websites, those websites are not subject to this Policy. Sightengine does not endorse nor control in anyway the content and policies of those sites.

Data collected and use

Personal information we may have to collect to grant you access to the services include:

  • full name
  • company name
  • physical and email address
  • company registration and/or VAT number

The above information is used to provide you with a personalised experience and to create the invoices you will receive. It is also used for targeted mailing initiatives.

In addition, any photo that you submit to Sightengine will be transferred to its servers for processing. This is a needed step to provide You with the services. Once processed, the photos may remain on Sightengine storage, to help Sightengine build a better and more adapted experience for You. As a user of a paid plan You may request that Your photos be immediately deleted from our servers after processing, by sending us an email. If You do not want Your photos to be transferred to Sightengine servers, You must not use the services.

Sightengine will never disclose any of your private information nor any of the photos you have submitted to third parties without your consent, except in the following cases:

  • Legal obligation
  • Changes in the business: if Sightengine is sold to a third party or acquires a third party, then personal data may become part of the asset transfer. Your personal information would still remain subject to the commitments detailed in this Policy or an equivalent.
  • Other specific cases where we believe in good faith that communicating your personal information to third parties is needed to protect the rights or property of the Company and/or its customers

Restrictions

Sightengine is not meant to be used by users under 18. No information from underaged people should be submitted.

Security of Your data

Your data will be stored on secure servers in North America and/or in Europe. The servers used for this storage will be protected and located in secure facilities to prevent any fraudulent access. You should though be reminded that we can not guarantee that your data is 100% secure. Data transmission over the Internet is not 100% secure. As a result, transmitting Your personal information or Your photos to Sightengine is done at your own risk.

Cookies

Sightengine makes use of cookies to enable you to access your private information and your private services. This helps Sightengine remember your preferences and account number.

While navigating on Sightengine.com, you may notice other third-party cookies. These cookies are not affiliated to Sightengine and we do not control the settings of those cookies. The third parties may include Google, Facebook and Twitter.

Changes to this policy

This policy may change from time to time to adapt to legislation changes, best practices or service enhancements.