This is an Agreement between Clearview, Inc., a corporation incorporated in Delaware with a business address of 214 W 29th Street, New York, NY, 10001 ; and you ("User"), governing your use of the Clearview Service.
Clearview retains the right to suspend or cancel your access to the Service at any time, for any breach of this Agreement, abuse of the Service for unauthorized purposes, use by any unauthorized persons, or any other reason Clearview deems necessary for the integrity of the Service.
“Clearview”, “We”, or “Our” means Clearview AI, Inc, its subsidiaries, successors and assigns.
“Service” means 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; and its website.
You will notify your employing organization of your creation of a Clearview user account.
You will coordinate with Clearview to assign one Executive User to act as liaison between your employing law enforcement organization 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 purposes.
Users will use the Service consistent with any applicable local, national, and constitutional laws.
User 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 purposes.
Users may not use the Service to research or investigate any persons except those related to its law enforcement uses, such as suspects, defendants, witnesses, or victims. Users may also, for testing purposes, research other persons who provide informed and affirmative consent to a Clearview search.
Users may not use the Service for any uses which violate Clearview’s User Code of Conduct.
Users may not use the Service to research or identify any individuals residing or located in the state of Illinois, U.S.A.
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 are prohibited from disclosing the Service and any 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 Clearview employees, and any information marked Confidential by Clearview.
By accessing and using the Services, you represent that you are employed by a law enforcement agency and that you have been authorized by that agency to use the Clearview Service.
You represent that only you will use the Service and will not share or otherwise give access to your account to any person.
User represents that all you are at least 18 years old.
User acknowledges that the use of personal information, including photographs, is subject to regulation in various jurisdictions, including the European Union, Canada and various states in the United States. By accessing and using the Services, User represents and warrants you are using the Service in a manner that is consistent with all relevant laws, including laws regulating the use of personal information such as photographs.
User asserts that you have 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 you carry 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.
These Terms incorporate the Clearview User Code of Conduct by reference. The User Code of Conduct can be read in the app. You must adhere to the User Code of Conduct at all times. The User Code of Conduct requires that all Users maintain the security of their own account, only use the Services for law enforcement 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 Clearview’s User Code of Conduct may result in limitation, suspension or termination of access to the Service.
By accessing and using the Service, Users affirmatively consent and allow Clearview to collect several types of information for our business operations, including:
Please note: your search history in the service will be visible and and subject to review by the Executive User of your organization and by Clearview to ensure that your use of the Service complies with these Terms of Service and the Clearview Code of Conduct.
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:
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.
This agreement shall be superseded by any later agreement concluded between your employing organization Clearview.
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.