Clearview AI, Inc. Terms of Service

Effective Date: 01/17/2020

Welcome to Clearview AI—we invite you to access our application and web service but please note that your invitation is subject to the your agreement to these terms of service. These terms of service describe your rights and our rights in relation to your use of our Service (defined below). Please read it carefully, and adhere to it at all times. Please also review our Privacy Policy and User Code of Conduct. The User Code of Conduct is incorporated by reference into these Terms.

By using our Service, website or application, you accept these terms and conditions in full. If you do not accept these terms and conditions, or any part of these terms and conditions, you must not use our Service, website or application.

1. Definitions

“CV” refers to Clearview AI, Inc, its subsidiaries, successors and assigns.

“Service” refers to both to Clearview AI Inc.’s mobile application and web browser application (found on the web at Clearview.ai), Clearview AI Inc.’s facial imaging and search software, image database and search functionality.

“User” refers to each user organization, and to all persons accessing the Service as Executive User or Permitted Users.

“Website” or “our Website” refers to the webpage that can be found at the URL www.clearview.ai

2. Permitted Uses

You will assign one Executive User (“Administrator”) to act as liaison between You and Clearview. The Executive User will assign any other individual users of the Service (“Permitted Users”), and oversee their use. Upon Clearview’s request, the Executive User will provide a list of all Permitted Users authorized to use the Service. Executive User is responsible for ensuring that all Permitted Users agree to the Permitted Uses and Prohibited Uses under this Agreement.

Users may use Service for legitimate law enforcement and investigative purposes.

Users will use the Service consistent with any applicable local, national, and constitutional laws.

3. Prohibited uses

Users may not use the Service for any commercial purpose. You may not sell, market, or license, any photograph or other information discovered by using this Service.

Users may not use this Service to infringe on any copyright discovered with or accessed by the Service.

Users may not permit any users other than Permitted Users to have any access to the Service.

Users may not use any automated systems or software to extract the whole or any part of the Service, the Information or data on or within the Service, including image search results or source code, for any purposes (including uses commonly known as “scraping”), or reverse engineer the Service.

Users may not use the Service in any way that violates any applicable local, national, or constitutional law, or any trade agreement or treaty.

Users may not use the Service for any reason other than law enforcement or investigative purposes.

Users may not use the Service to research or investigate any persons except those related to its law enforcement or investigate uses, such as suspects, defendants, witnesses, or victims. Users may also, for test purposes, research other Users or other persons expressly approved in writing by Clearview.

Users may not use the Service for any uses which violate Clearview’s User Code of Conduct.

Executive User must immediately suspend access to any Permitted User who violates these Prohibited Uses, and notify Clearview immediately of any violation or security breach.

Users may not use the Service to research or identify any individuals residing or located in the state of Illinois, U.S.A, or use the Service within the borders of the state of Illinois.

4. Confidentiality

Users are strictly prohibited from disclosing the Service and/or any and all proprietary information relating to the Service to any unauthorized third party. This includes screenshots of the Service marketing materials, user manuals, pricing agreements, quotes, invoices and email communications from CV employees. Strict confidentiality is necessary to protect CV’s proprietary information and to reduce the cybersecurity risks faced by CV and Users. Users may disclose the above information if the User obtains express written or oral consent from an authorized representative of CV in advance.

5. Representations

By accessing and using the Services, User represents that you are employed by a federal, state or local law enforcement or national security organization, and that you have received authorization from your supervisor at that law enforcement organization to access Clearview.

User represents that all Permitted Users are at least 18 years old.

User acknowledges that the use of personally identifiable information, including photographs, is subject to regulation in various jurisdictions, including the European Union, and various states in the United States. By accessing and using the Services, User represents and warrants it is using the Service in a manner that is consistent with all relevant laws, including laws regulating the use of personally identifiable information such as photographs.

User asserts that it has a legitimate interest to use the Service to engage in data processing activities, pursuant to Article 6 Section 1(f) of the European Union’s General Data Protection Regulation (EU) 2016/679. User asserts that all data processing activities it carries out using the Service are in the public interest, as defined in Article 9 Section 2(j) of the European Union’s General Data Protection Regulation (EU) 2016/679.

6. Agreement to Code of Conduct

These Terms incorporate the CV User Code of Conduct by reference. The User Code of Conduct can be accessed in-app under the Settings menu. Users are strictly required to review and adhere to the User Code of Conduct at all times. Briefly, the User Code of Conduct requires that all Users maintain the security of their own account, only use the Services for law enforcement or security purposes that are authorized by their employer and conducted pursuant to their employment, and independently support and verify all image search results. Failure to abide by the CV User Code of Conduct may result in limitation, suspension or termination of access to the Service.

7. Collection and Sharing of Data

By accessing and using the Service, Users affirmatively consent and allow CV to collect several types of information for our business operations, including:

  • At the time of account creation: name, rank/title, contact information and employer.
  • During usage of the Service: Usage details including IP address, browser information, location data, search history within the Services, and login history.

By accessing and using the Service, Users agree and consent to the sharing of certain types of personal data with third parties. Specifically, users consent to:

  • Sharing their name, title, contact information and email messages to CV and CV employees with a third-party provider of customer relationship management tools
  • Sharing their name and email address with a third party provider of email tools
  • Such disclosure of personal data as may be required by laws and regulations

8. Non-Exclusivity

These Terms are not, in all cases, the full text of the agreement between CV and the User. Trial and full-time use of the Service may be covered by a signed, party-specific Trial Agreement or License Agreement. However any Trial Agreement or License Agreement entered by CV shall contain Terms of Service that shall not deviate substantially from this document. The CV User Code of Conduct is incorporated by reference. Any contract that has been or will be concluded between the User or the organization or business entity that employs the User may modify, add to, or entirely supersede these Terms. Users must carefully read the CV User Code of Conduct, the CV Privacy Policy and any relevant contract to which CV is a party, especially if they created their account during a free trial period.

9. Miscellaneous

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Clearview’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Failure to abide by these Terms may result in the suspension, limitation or termination of your account. Clearview reserves all rights to seek monetary remedies for its damages arising out of any Users’ failure to abide by these Terms.

These Terms shall be governed by the laws of the State of New York without regard for the conflict of laws rules of any jurisdiction. Every dispute concerning the interpretation or effect of these Terms and/or any User’s use of the Service must be resolved in the state or federal court in New York City, or with an arbitration body located within New York City.

9. Indemnification

User agrees to defend, indemnify and hold harmless Clearview and its affiliates and their respective directors, officers, employees, and agents from and any and all damages, liabilities, costs and expenses (including reasonable attorneys’ fees) incurred as a result of any claim, judgment or proceeding relating to or arising out of: (a) Users’ breach of this Agreement, including of any of the Warranties or Prohibited Uses; (b) any actions brought by third parties arising out of Users’ use of the Service, whether or not permitted or authorized under this Agreement; (c) any security breach causes by Users’ negligence, recklessness, or willfulness, and any third-party actions arisings from such security breach.

If any action is brought against Clearview in respect to any allegation for which indemnity may be sought, Clearview will promptly notify User and will provide reasonable cooperation in connection with the defense or settlement of any such claim.

To the maximum extent permitted by applicable law, Clearview shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: your access to or use of or inability to access or use the service; any content obtained from the service; unauthorized access, use or alteration of a user account. Regardless of Clearview’s negligence, gross negligence, failure of an essential purpose, and whether such liability arises in contract, tort or any other legal theory, Clearview’s aggregate liability shall not exceed the amount User paid Clearview, if any, in the past year for the services giving rise to the claim.