These Terms of Service (“Terms”) govern your access to and use of the Metaspectral platform, including the Clarity AI platform, websites, applications, APIs, and related services (collectively, the “Service”) provided by Metaspectral Inc. (“Metaspectral,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms.
If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
1. The Service
The Service provides web-based tools for uploading, processing, analyzing, visualizing, and managing hyperspectral and related data using artificial intelligence and machine learning models. The Service may include beta or experimental features.
No Professional Advice. Outputs, analyses, predictions, reports or other results generated by the Service (“Outputs”) are provided for informational purposes only and do not constitute professional, scientific, engineering, regulatory, or operational advice.
2. Eligibility and Accounts
Licensees must be at least 18 years old to use the Service, and are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.
3. Beta and Pre-Release Features
Some or all of the Service may be provided as beta, preview, or early-access features (“Beta Services”). Beta Services are provided as-is, may contain bugs or errors, may change or be discontinued at any time, and are provided without any guarantee of availability or support. Metaspectral may delete data associated with Beta Services at any time unless otherwise agreed in writing.
4. Customer Data and Ownership
4.1 Your Data
Licensees retain all ownership, title and rights to data, files, imagery, and other materials uploaded to the Service (“Customer Data”).
4.2 License to Process
Licensees grant Metaspectral a non-exclusive, worldwide, limited license to host, store, copy, process, transmit, and display Customer Data solely to provide, maintain, secure, and improve the Service.
4.3 Aggregated and Anonymized Data
Metaspectral may use aggregated and anonymized data derived from Customer Data to improve its models, algorithms, and services, provided such data does not identify you or your organization.
5. Acceptable Use
Licensee agree not to:
- Use the Service for any unlawful purpose
- Upload data you do not have the express licensed right to use
- Reverse engineer, decompile, or attempt to extract models or source code
- Use the Service to build or train competing products or models
- Interfere with or disrupt the Service or its security
- Circumvent usage limits or access controls
6. Decision Support and Use of Outputs
The Service is designed to provide analytical and decision-support capabilities that assist qualified professionals in interpreting data and informing their workflows. The Service does not replace professional judgment, independent analysis, or established operational, scientific, or regulatory processes.
Outputs generated by the Service are derived from statistical models and computational methods applied to Customer Data and may vary based on data quality, context, assumptions, and configuration. You are responsible for reviewing, validating, and determining the suitability of Outputs for your specific use case.
You acknowledge and agree that:
- The Service supports, but does not automate or replace, professional decision-making
- Final decisions and actions taken based on Outputs remain your responsibility and are in no way attributable to Metaspectral
- The Service is not intended to be used as a sole basis for safety-critical, medical, financial, or regulatory determinations, unless expressly agreed in writing
7. Fees (If Applicable)
Certain features of the Service may require payment. Fees, billing terms, and payment schedules will be presented at the time of purchase. All fees are non-refundable unless required by law.
8. Intellectual Property (IP) Rights
8.1 Platform IP
Metaspectral retains all right, title, and interest in and to the Service, including all software, models, algorithms, workflows, documentation, and other materials provided as part of the Service (collectively, “Platform IP”), excluding Customer Data. Except for the limited right to use the Service as expressly granted under these Terms, no rights or licenses are granted to you, whether by implication, estoppel, or otherwise.
8.2 Customer Data and IP
As between the parties, you retain all right, title, and interest in and to Customer Data and any adjacent IP to your data. Nothing in these Terms transfers ownership of Customer Data to Metaspectral.
9. Trademarks and Branding
All names, logos, product names, service names, trademarks, service marks, and other branding elements of Metaspectral ("Marks") are owned by Metaspectral. These Terms do not grant Licensees any right or license to use the Marks without Metaspectral’s prior written consent.
10. Confidentiality
Each party agrees to protect the other party’s confidential information using reasonable care and to use it only to perform under these Terms.
11. Term and Termination
11.1 Term
These Terms remain in effect for as long as you access or use the Service, unless terminated in accordance with this Section. If you have a paid subscription or enterprise agreement, the term and termination of that subscription are governed by the applicable order form, subscription agreement, or master services agreement.
11.2 Termination for Convenience
You may stop using the Service at any time. Metaspectral may terminate or suspend access to the Service at any time for users of free, trial, or beta versions of the Service.
11.3 Termination for Cause
Metaspectral may terminate or suspend your access to the Service immediately upon notice if you:
- Breach these Terms
- Fail to pay applicable fees when due
- Use the Service in violation of law
- Use the Service in a manner that poses a security, legal, or operational risk
11.4 Effect of Termination
Upon termination or expiration:
- Your right to access and use the Service will cease
- Metaspectral may delete Customer Data in accordance with its data retention policies unless otherwise agreed in writing
- Sections relating to intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law will survive
12. Disclaimer of Warranties
The service is provided “as is” and “as available”. To the maximum extent permitted by law, Metaspectral disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
13. Limitation of Liability
To the maximum extent permitted by law:
- Metaspectral will not be liable for indirect, incidental, special, consequential, or punitive damages
- Metaspectral’s total liability arising out of or related to the service will not exceed the amount paid by you to Metaspectral in the 12 months preceding the claim, or $100 if no fees were paid
14. Indemnification
Licensees agree to indemnify and hold harmless Metaspectral from any claims arising out of your use of the Service, your Customer Data, or your violation of these Terms.
15. Governing Law
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles.
16. Changes to Terms
We may update these Terms from time to time. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.
17. Contact Information
Metaspectral Inc.
By using the Service, you acknowledge that you have read, understood, and agree to these Terms of Service.