Last Updated 10/21/2021
These Terms of Service (the “Terms of Service” and/or “Terms”) contain the legal terms and conditions between PLACA (“PLACA”, “we”, “our” or “us”) and you. PLACA is the owner of PLACA.AI and all associated brands, trademarks, and affiliated entities of PLACA. These Terms govern your use of and access to placa.ai and any subdomains (collectively, the “Site”) and our online-accessible Software, App, Documentation, and Content and other related PLACA services (in conjunction with the Site, the “Services”). Please review these Terms of Service carefully before using the Services. Certain features of the site may be subject to additional terms which will be presented to you for your acceptance when you sign up to use those features. If you have entered into a separate written agreement with us for specific services, then the terms of that agreement control to the extent any of them conflict with these Terms.
By using the Services, completing the registration process, and/or accessing the Site, you agree that (1) you have read, understand, and accept to be bound by the Terms of Service, (2) you are of legal age to form a binding contract with PLACA, and (3) you have the authority to enter into the Terms of Service personally or on behalf of the company or other organization you have named as the user, and to bind that entity to these Terms of Service.
1. Services
1.1 PLACA May Discontinue the Services
PLACA may choose to modify or discontinue the Services, including any portions of the Services as we update our offerings and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you.
1.2 PLACA May Modify These Terms
PLACA may update these Terms from time to time. The most current version of these Terms will be posted on the Site. If you do not agree to any change(s) after receiving a notice of such change(s), you must suspend your use of the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).
1.3 Legal Use of License Plate Recognition
It is your responsibility to confirm and obey all applicable local, state, federal and international laws in regard to the collection, use, and storage of License Plate Data. By subscribing to the Services, you acknowledge that the Services will be used only in a lawful manner. If the Services cannot be used lawfully in your jurisdiction (including cases where the Services process, transmit, or retain data that would violate local laws), you must discontinue use of the Services immediately. PLACA is not liable for your use of license plate recognition technology in an unlawful manner.
1.4 Privacy
The PLACA Privacy Policy governs any of the personal information that you provide to us. By agreeing to these Terms, you are agreeing to the PLACA Privacy Policy and all of the terms stated therein.
1.5 Your Account Registration & Responsibilities
Before using the Services, we require that you register for an account. In registering for an account, you agree to (1) provide true, accurate, current and complete information about yourself; and (2) maintain and update the registration information to keep it true, accurate, current and complete. You agree not to create an account using a false identity or information. You represent that you are not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You agree not to create an account or use the Services if you have been previously removed by PLACA, or if you have been previously banned from any of the Services. It is your responsibility to keep the login and password that you use to access the Services confidential and you agree not to share your login and password with any third party. You are responsible for any activity originating from your account, regardless of whether such activity is authorized by you. You should immediately notify PLACA of any unauthorized use or suspected unauthorized use.
1.6 Use of the PLACA Services
Subject to compliance with these Terms of Service, PLACA grants to you a limited, non-exclusive, non-transferrable, non-sublicensable right to access and use the Services for your internal business purposes. Unless otherwise specified by PLACA in a separate license, your right to use the Services is subject to the Terms.
- Updates. You understand that the Services are continuously developing. You acknowledge and agree that PLACA may update the Services with or without notifying you. You may need to update third-party software from time to time to use the Services.
- Free Trials and Other Promotions. Any free trial or other promotion that provides you with free access to commercial services (defined below) must be used within the specified time of the trial. At the end of the trial period, your use of that Commercial Service will expire, and any further use of such Commercial Service will be ceased unless you pay the applicable fees or are downgraded to a free account.
1.7 Certain Restrictions
The rights granted to you in the Terms are subject to the following restrictions: You may not (i) copy, modify, host, sublicense or resell the Services; (ii) frame or utilize framing techniques to enclose any trademark, logo, or other PLACA Services (including images, text, page layout or form) of PLACA; (iii) use metatags or other “hidden text” using PLACA’s name or trademarks or the name or trademarks of PLACA’s affiliates; (iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) use any manual or automated software devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site, except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; (vi) access the Services in order to build a similar or competitive website, application or services; (vii) remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (viii) access or attempt to access the Services by any means other than what PLACA provides or expressly allows; (ix) modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, PLACA, or any other PLACA service; (x) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, without the express written permission by PLACA; (xi) transmit any worms or viruses or any code of a destructive nature; or circumvent any use restrictions put into place to prevent certain uses of the Services; (xii) violate any intellectual property right of any third party or behave in a manner that is unlawful, or otherwise in violation of our Community Guidelines; (xiii) misrepresent your affiliation with a person or entity; (xiv) attempt to disable, impair, or destroy the Services or disrupt or inhibit any other user from using the Services; (xv) market or advertise through the Services; (xvi) use any data mining or similar data gathering and extraction methods in connection with the Services; or (xvii) use the Services to violate any applicable law.
1.8 Availability of the Services
Information about the Services is accessible worldwide, but the Services or certain portions of the Services may not be available in your country and the Services may not be available in all languages. We may restrict access to portions of the Services in certain countries. It is your responsibility to make sure your use of the Services is legal in the country where you reside. If at PLACA’s reasonable determination, you are using the Services in a manner that violates laws, creates an excessive burden or potential adverse impact on PLACA’s Services in addition to any of its other rights or remedies, PLACA may, without liability to PLACA, immediately suspend your access to the Services.
1.9 Your Data
Use of the Services may depend on your transmission of certain data (in conjunction with Registration Data, but excluding Operational Data and De-Identified Data, your “Data”). Except as may be stated to the contrary in the PLACA Privacy Policy, you retain all rights and ownership in your Data, and we do not claim any ownership rights in your Data. You represent and warrant that you have the necessary rights and licenses required to provide your Data to PLACA in connection with your use of the Services and that by providing your Data in this manner, you will not violate any intellectual property rights of third parties, confidential relationships, contractual obligations or laws. Without limiting the generality of the foregoing, you shall provide all notices to, and obtain any consents from, any data subject, as required by any applicable law (including but not limited to data privacy rules established by the European General Data Protection Regulation), rule or regulation in connection with the processing of any personally identifiable information of such data subjects via the Services by PLACA and/or you. You shall be solely responsible for ensuring that any processing of Data by PLACA and/or you via the Services does not violate any applicable laws. You shall not process or submit to the Services any Data that includes any: (i) “personal health information,” as defined under the Health Insurance Portability and Accountability Act, unless you enter into a separate agreement with PLACA relating to the processing of such data; (ii) government issued identification numbers, including Social Security numbers, driver’s license numbers and other state-issued personal identification numbers; (iii) financial account information, including bank account numbers; (iv) payment card data, including credit card or debit card numbers; (iv) “sensitive” or “personal” data, as defined under European Union Regulation 2016/679; or (v) “sensitive” personal data, as defined under Directive 95/46/EC of the European Parliament (“EU Directive”) and any national laws adopted pursuant to the EU Directive, about residents of Switzerland and any member country of the European Union, including racial or ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental health or condition, sexual life, or the commission or alleged commission any crime or offense.
- User Option to Encrypt. PLACA allows you to encrypt the transmission of your Data. You acknowledge that it is your responsibility to encrypt the transmission of your Data should you wish to protect it. In the event you decide not to utilize encryption and transmit your Data unencrypted over a network, you assume all related risks for doing so. PLACA will not be liable for any liabilities arising from your use of the Services (including your transmission of Data) over the internet or other network.
1.10 Operational Data and De-Identified Data
The data, images, and video produced from using the Services is the “Operational Data.” Except as may be stated to the contrary in the PLACA Privacy Policy, you retain all rights and ownership in your Operational Data, and we do not claim any ownership rights in your Operational Data. You acknowledge and agree that PLACA may use the Operational Data for: a) facilitating sharing of the Operational Data with other governmental or quasi-governmental agencies, and b) training and performance enhancement of PLACA’s artificial intelligence system. The data, images, and video produced from using the Services, where the license plate characters have been removed, is the “De-Identified Data”. You acknowledge and agree that PLACA may use the De-Identified Data for: a) statistical, volume, and flow analysis, and b) sharing with other governmental or quasi-governmental agencies, or commercial entities. You must inform PLACA in writing before using the Services if the laws of the jurisdiction in which you use the Services restrict the use of Operational Data or De-Identified Data for the purposes defined in this Section 1.10.
1.11 PLACA Stores Your Data in the United States
PLACA provides the Services from the United States utilizing AWS cloud servers. By using and accessing the Services, you understand and agree to the storage and processing of your Data and any other information you choose to provide in the United States. PLACA reserves the right to store and process your Data and any other information you choose to provide outside of the United States and will endeavor to give you 30 days’ notice in the event of such a change.
1.12 PLACA Proprietary Rights
Except with respect to your Data and your User Content (defined below), you agree that PLACA and our suppliers own all rights, title and interest in the Services. The Services and other technology that may be used to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. These terms do not grant you any right, title, or interest in any of the Services or any Content other than your Data and your User Content. These Terms do not grant you any rights to use the PLACA trademarks, logos, domain names, or other brand features or the trademarks, logos, domain names, or other brand features of PLACA’s affiliates.
1.13 Your Feedback
We appreciate your ideas, comments, suggestions, documents and/or proposals. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant PLACA a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback.
1.14 Equipment & Software Usage Limitations
PLACA.AI cloud software works with any security camera that is able to support ONVIF protocol or simple RTSP video stream. PLACA will provide a list of recommended and tested equipment that have been shown to work properly with PLACA. The type of security cameras used for capture license plates will affect the performance, image quality, accuracy of capturing license plates. PLACA cannot guarantee or warrantee stability, accuracy, connectivity or consistency of recognized data.
2. Use
2.1 Data Storage
Unless expressly agreed by PLACA in a separate written agreement between the parties, we have no obligation to store any of your User Account Content that you upload, post, email, transmit or otherwise make available on or through the Services. We have no responsibility or liability for the deletion or accuracy of any User Account Content, including the failure to store, transmit or receive transmission of your User Account Content; or the security, privacy, storage or transmission of other communications originating with or involving use of the Services.
2.2 Commercial Services
PLACA offers several types of paid Commercial Services.
2.3 Support
Technical support is only provided to users of Commercial Services based on your specific purchased Services. If you are using the Services via a Free account, PLACA provides support via access to PLACA installation guides and other documentation related to the Services.
2.4 Account Administrators
You may specify end users as “Administrators” through the administrative console of the Services. Administrators may have the ability to access, disclose, restrict or remove Data in or from Services accounts. Administrators may also have the ability to monitor, restrict, or terminate access to Services accounts for their end users. PLACA responsibilities do not extend to your internal management or administration of the Services. You are responsible for: (i) maintaining the confidentiality of passwords of your account and any Administrator accounts; (ii) managing access to Administrator accounts; and (iii) ensuring that Administrators’ use of the Services complies with this agreement.
2.5 Unauthorized Use & Access
You agree to prevent unauthorized use of the Services by your Administrators and your end users and will terminate any unauthorized use of or access to the Services. You must immediately notify PLACA of any unauthorized use of or access to the Services.
2.6 Third Party Technology
The Services may contain links to third-party websites or technology (for example, we may host a library of plugins created by entities other than PLACA). PLACA does not endorse and is not responsible or liable for the products or services provided by such third parties. PLACA is not responsible for the operation or functionality of such Third-Party Technology. You are solely responsible for your use of any Third-Party Technology. In addition, we may provide you with software governed by an open source license. If there are provisions in those open source licenses that expressly conflict with these Terms, the relevant open source license terms will apply. ANY THIRD-PARTY TECHNOLOGY DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH YOUR USE OF THE PLACA PROPERTY IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH THIRD-PARTY TECHNOLOGY.
3. Indemnification
You agree to indemnify and hold PLACA, its parents, subsidiaries, affiliates, officers, directors, agents, employees, resellers or other partners and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your Data, or the use thereof, including but not limited to allegations that any processing of your Data by PLACA and/or you under this Agreement violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party, your User Content, your use of the Services, your violation of these terms, or your violation of any law.
4. The Service is Available “AS-IS” AND WITHOUT WARRANTY.
PLACA PROVIDES THE PLACA SERVICES “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOUR USE OF OUR SERVICES AND ANY RELIANCE YOU PLACE ON THE PROVIDED INFORMATION IS AT YOUR OWN RISK. PLACA PROVIDES OUR SERVICES WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PLACA makes no warranty or condition that the PLACA Services and provided information will meet your requirements or be uninterrupted, timely, secure, or error-free. PLACA makes no warranty or condition that results obtained from your use of the Services will be accurate or reliable or that any errors in the Services will be corrected. We disclaim all liability and responsibility arising from any reliance placed on such results by you or anyone who may be informed of its contents. PLACA will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services. No advice or information, whether oral or written, obtained by you in connection with your use of the Services shall create any warranty not expressly stated in these Terms. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
5. Subscription Charges
User is responsible for all charges resulting from services and or goods provided under this Agreement. These charges are inclusive of the user base monthly plan. PLACA reserves the right to adjust the base monthly plan rate.
6. PLACA’s Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PLACA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT PLACA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. PLACA’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, THE SITE, AND THE AGENTS WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS (U.S. $50) OR THE AMOUNTS YOU PAID TO PLACA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLACA AND YOU. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
7. Termination
We reserve the right to suspend or cease providing the Services or any portion of the Services, at any time, with or without cause, and with or without notice. We may suspend or terminate your use of the Services if you are not complying with these Terms, or if you use the Services in any way that could cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will send you a notification in advance. If you want to terminate the Services at any time, you may do so by (a) notifying PLACA and (b) closing your account for the Services that you use. Your written notice should be sent to PLACA’s address set forth in the Notice section below or to: info@placa.ai
8. Effect of Termination
Termination of any Services includes removal of access to such Services and barring of further use of the Services. Termination of all Services also includes deletion of your password and all related information, files and data associated with or inside your account, including your Data. Upon termination of any Services, your right to use such Services will automatically terminate immediately. You understand that any termination of the Services may involve deletion of your Data associated therewith from our live databases. PLACA will not have any liability whatsoever to you for any suspension or termination, including for deletion of your Data. All provisions of these Terms, which by their nature should survive, shall survive termination of the Services, including without limitation ownership provisions, warranty disclaimers and limitations of liability.
9. Electronic Communications
The communications between you and PLACA use electronic means, whether you visit the Services or send us e-mails, or whether we post notices on the Services or communicate with you via e-mail. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. Your consent in this section does not affect your statutory rights.
10. Notice
You are responsible for providing us with your most current e-mail address when required by PLACA. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to us at the following address: PLACA.AI, 802 Greenview Dr, Ste. 100, Grand Prairie, TX. 75050. Such notice shall be deemed given when received by PLACA by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
11. Export Control
You may not use, export, import or transfer the Services except as authorized by United States of America law (“U.S.”), law the laws of the jurisdiction in which you obtained the Services and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone of the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by PLACA are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Services, or any portion thereof, either directly or indirectly, to any country in violation of such laws and regulations.
12. Government Use
If you are a U.S. government entity, you acknowledge that any Services provided are “Commercial Items” as defined at 48 C.F.R. 2.101, and are being provided as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.
13. Governing Law and Venue
The Terms and any action related thereto will be governed and interpreted by and under the law of the State of Texas, without giving effect to any principles that provide for the application of the law of another jurisdiction. The forum selected for any proceeding or suit related to this agreement or otherwise arising out of Licensee’s use of the Software shall be in the State of Texas. Licensee hereby consents to the foregoing courts’ personal jurisdiction over it. This is intended to be a mandatory, and not a permissive, forum selection provision.
14. General Terms
These Terms constitute the entire and exclusive agreement between PLACA and you with respect to the Services and supersede and replace any other agreements, terms and conditions applicable to the Services unless in writing and signed by both parties. Purchase orders placed by you shall be for the sole purpose of specifying the Commercial Services that you wish to purchase. Any other terms stated in any purchase order delivered to PLACA by you, other than pursuant to an order form supplied by PLACA, shall have no effect. These Terms create no third-party beneficiary rights. PLACA’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but PLACA may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. You and PLACA are not legal partners or agents; but rather we have an independent contractor relationship. PLACA will not be responsible for any failure to perform or delay in performing any of its obligations under these Terms where and to the extent that such failure or delay results directly or indirectly from an event beyond PLACA’s reasonable control.
15. Copyright Infringement
PLACA respects the intellectual property rights of others and we expect our users to do the same. We respond to notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been infringed in connection with the Services or access to your Content was disabled or removed by PLACA as a result of an improper copyright infringement notice, please notify info@placa.ai.
16. Press Release and Marketing Materials
You acknowledge and agree that PLACA may issue a press release announcing that PLACA is providing you the Services. PLACA may also describe the nature of this relationship in our promotional materials, presentations, and proposals to PLACA’s current and prospective customers.
17. Equipment Use Restriction
You agree not to use the Services to generate Operational Data from a camera manufactured by companies headquartered in the People’s Republic of China (“Prohibited Camera”). PLACA shall not be responsible for damages and losses arising out of your use of a Prohibited Camera.