Proception — Terms of Use

These Terms of Use (“Terms”) are an agreement between you and Proception, Inc. (“Proception”, “we”, “us”). They govern your use of our website, online store, accounts, developer documentation, SDKs, APIs, and the other online services we make available at proception.ai.

They are not the whole story for a purchase. If you buy hardware or license our software, a separate signed agreement covers that transaction and takes precedence over these Terms for it — section 2 says exactly how the two fit together.

1. Acceptance

By accessing or using our website or online services, creating an account, submitting a form, or placing an order, you agree to these Terms. If you do not agree, do not use them.

If you are agreeing on behalf of a company or other organisation, you represent that you have authority to bind it, and “you” means that organisation.

2. Which agreement governs what

More than one agreement may apply to you at once. Where they conflict, the more specific one wins for the subject it covers:

• A signed order form, quote, or negotiated agreement controls over everything else, for the transaction it covers.
• The Hardware Product Sale Terms and Conditions control the sale, shipment, warranty, and use of hardware products.
• The Software License Agreement controls the SDK, libraries, tools, sample code, APIs, and firmware.
• A Security Review License, where we grant one, controls the access to source code or systems that it describes.
• These Terms control your use of our website, store, accounts, and online services, and fill any gap the agreements above leave.

Governing law follows the same order. Each of the agreements above carries its own governing law and venue clause, and that clause continues to govern the transaction it covers.

3. Business use, not a consumer offering

Our products and developer tools are commercial goods offered to businesses and organisations for use within their trade, business, or profession. They are not offered or sold to consumers, and they are not consumer products.

Nothing in these Terms takes away a right you have under a consumer protection law that applies to you and cannot be waived by agreement.

Our products are not designed, certified, or intended for life support, medical, aviation, nuclear, or other safety-critical use where a failure could cause death, injury, or severe physical or environmental damage. Any such use is entirely at your own risk.

4. Eligibility

You must be at least 16 years old to use our online services, and old enough under the law where you live to enter into a binding contract. You must not use our services if we have previously terminated your access, or if sanctions or export control laws prohibit it.

5. Accounts and security

You are responsible for the accuracy of the information you give us, for keeping your credentials, API keys, and tokens confidential, and for everything that happens under your account. Do not share an account between people, and tell us promptly if you suspect unauthorised use.

Access to some areas is granted per account and per feature, and we may add, narrow, or withdraw an entitlement. We may also disable or suspend an account if we believe it has been compromised or presents a risk.

6. Acceptable use

You agree not to, and not to let anyone else:

• break the law, infringe anyone’s rights, or use our services to harass, defraud, or harm others
• reverse engineer, decompile, or disassemble our software, firmware, or products, or try to derive source code or underlying ideas from them
• copy, mirror, republish, rent, resell, sublicense, or distribute our software, documentation, or content except as we expressly permit
• circumvent or disable any security, authentication, licensing, signing, rate-limiting, or other technical measure
• introduce malware, or use our services to attack, disrupt, or gain unauthorised access to any system or account
• scrape, crawl, or use automated means to extract data or content beyond what our documented APIs and our robots directives allow
• exceed a published rate limit, or evade one by rotating accounts, keys, or addresses
• remove, alter, or obscure any copyright, trademark, patent, attribution, or serial-number notice
• use our services to build or train a competing product, model, or service
• misrepresent your identity or affiliation, or impersonate us or anyone else

7. Security research and vulnerability reports

If you believe you have found a security vulnerability in our website, products, or firmware, tell us at contact@proception.ai and give us a reasonable opportunity to fix it before you disclose it publicly.

8. Developer resources, SDKs, and APIs

Our documentation, SDKs, sample code, firmware images, and APIs are provided to help you build with our products. Their use is governed by the Software License Agreement, and by any additional terms presented with a specific download or release channel.

API keys and access tokens identify you and are yours to safeguard. We log API usage, may apply and change rate limits and quotas, and may throttle, suspend, or revoke access that threatens the stability or security of our systems.

9. Firmware and updates

We publish firmware and software updates, and devices may check for and download them automatically. Updates may add, change, or remove functionality, and some are required to keep a product secure, supported, or compliant.

10. Store, quotes, and orders

Product listings, quotes, and availability are invitations to order, not offers. An order becomes binding only when we accept it in writing.

11. Prices, payment, and taxes

Prices are those stated in the applicable listing, quote, or invoice, and may change at any time before we accept an order. Payment is due on the terms of the invoice.

12. Shipping, delivery, and returns

Shipping dates and lead times are estimates, not commitments. All sales are final. Products are not returnable except under a valid claim within a limited warranty we have offered in writing.

13. Electronic records and signatures

You agree that we may communicate with you electronically, and that agreements you accept or sign electronically through our services are as binding as a handwritten signature on paper.

14. Your content and submissions

You keep ownership of the files, messages, and other content you send us. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process, and display it as needed to provide and improve our services.

15. Career applications

If you apply for a role, you confirm the information you give us is accurate and that you are free to share it.

16. Product information and specifications

Specifications, figures, renderings, images, roadmaps, and performance numbers on our website and in our documentation are preliminary, provided for general information, and subject to change without notice.

17. Intellectual property

Our services and everything in them are protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our website and online services for your own lawful business purposes.

18. Third-party services and links

Our services link to and rely on third parties. We do not control them and are not responsible for their content, policies, or practices.

19. Copyright complaints

If you believe material on our services infringes your copyright, write to contact@proception.ai with “Copyright” in the subject line.

20. Availability, changes, and no service level

We may change, suspend, deprecate, or discontinue any part of our website, store, accounts, documentation, SDKs, or APIs at any time, with or without notice.

21. Disclaimer of warranties

Our website and online services are provided “as is” and “as available”, with all faults and without warranty of any kind.

22. Limitation of liability

To the maximum extent the law allows, neither we nor our affiliates will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages.

23. Indemnification

You will defend, indemnify, and hold harmless Proception and its affiliates, officers, directors, employees, and agents from and against any claim arising out of your use of our services.

24. Suspension and termination

You may stop using our services at any time. We may suspend or terminate your access, with or without notice.

25. Export controls and sanctions

Our products, software, and technical data are subject to United States and other export control and sanctions laws. You will comply with them.

26. Governing law and disputes

These Terms, and any dispute arising out of your use of our website and online services, are governed by the laws of the State of California.

27. General

We may update these Terms as our services change. Continuing to use our services after that means you accept the updated Terms.

28. Contact

Questions about these Terms: contact@proception.ai.