TERMS & CONDITIONS
Sensitive AI ("we," "us," or "our") welcomes you.
Sensitive AI Sensitive AI is an innovative detection app that will identify, tag and alert you intelligently!
• "Service" or "Services" is a reference to any service defined below, which we may supply and which you may request via our Website or Mobile Application;
• "User", "You" and "your" are denotes to the person who is accessing for taking any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website or Mobile Application;
• "We", "us", "our" and "Company" are references to Sensitive AI located in Canada;
• "Website" shall mean and include "https://www.sensitiveai.com/, mobile-application("Sensitive AI") and any successor Website of the Company or any of its affiliates;
• "User Account" shall mean an electronic account opened by the user with the Platform to avail services offered through the Website or Mobile Application;
• All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".
• Words importing any gender shall include all the other genders.
• Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
• All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or effect the meaning or interpretation of the terms of this Agreement.
IV. COMMITMENT AND SCOPE
• Acceptance. By using our service in any manner, you are bound by these Terms and Conditions, as well as the terms of the Agreement identified above. In case you do not accept the terms, then please do not use our Website and Mobile Application. If you are accepting these Terms on behalf of a Company, organization, government, or other legal entity, you hereby represent and warrant that (a) you are legally authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity is barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.
• Scope. These Terms govern your use of the Website, Mobile Application and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.
• Eligibility: Our service is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason.
• Electronic Communication: When you use this Website or Mobile Application or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.
V. OUR SERVICES
Sensitive AI is an innovative detection app that will identify, tag and alert you intelligently!
Sensitive AI provide a meticulously designed mobile application that provide an innovative way to detect, identity, tag and notify you intelligently.
It is a Motion detector and security camera app that uses Artificial Intelligence to provide intelligent notifications.
This App is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service.
The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Services.
VI. MODIFICATIONS TO THE SERVICE
We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, "Changes"), at any time. We may notify you of Changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to our Website and Mobile Application. Your unrelenting use of the Services ensuing notice of the Modifications (or posting of the Terms incorporating the Modifications in the event your email address is no longer lawful, is obstructed, or is otherwise not able to obtain the notice) will mean that you agree to the Changes. Such Modifications will apply prospectively beginning on the date, the Changes are posted to the Website and Mobile Application.
VII. REGISTRATION INFORMATION
If you access this Website or Mobile Application anonymously, you will not be required to create a user name. But, in order to access certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.
You accept that the details you provide in relation with establishing any account is correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
VIII. OUR CONTENT
We publish our own content as well as links, content and resources provided by third parties and content that has been specifically commissioned by us for publication on the Website and Mobile Application.
All registered rights relating to any third party links, content or resources published on the Website or mobile application shall remain with the original source.
For all other content published on the Website and mobile application reserves all proprietary rights including, but not limited to, copyrights, trademarks and other intellectual property rights in and to all content on the Website and mobile application; this includes all text, graphics, photographs, logos and/or other items that appear on the Websites.
Visitors are not authorized to use the Website or mobile application’s name, logo or likeness without prior consent.
IX. USER SUBMISSION
A. Content Responsibility.
When you use www.sensitiveai.com you agree to adhere to the content guidelines listed in our terms of services and privacy policies. You are sole responsible for the content submitted by you. It is you all your risk and accountability towards reliability and quality. You represent that you have required permission to use the content.
Please do not use content that:
• contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature
• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims
• violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community
• discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law
• violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance
• sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects
• Information or data which are unlawfully obtained
Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserves the right to cancel user access to our services without advanced notice.
X. ORDERING AND PAYMENT
• App is provided free with limited storage, limited AI detections and use for 2 devices.
• The user is required to pay for Additional storage, AI detections, additional devices and Ad free upgrades available for the App.
• At the time of making payment, while providing your details it is your duty to be careful and warrant that the information provided are true and accurate.
• Payment mode shall be:
o Via Apple app store or Google play store
o Online: Credit Cards and Debit cards;
• Preferred method of payment is PayPal. Credit cards are accepted via PayPal merchant services. Accepted cards are: Visa / Delta / Electron / MasterCard / Eurocard / Maestro/ American Express Debit cards are accepted if they have a Visa or MasterCard logo.
• We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing from the Website or mobile application.
• Any payment to purchase product or service that you place with us is subject to acceptance by us. When you make your payment online we will provide you an email to confirm that we have received it.
• We may refuse or be unable to process your service if:
• You card or PayPal account does not give authorization for the payment of purchase price.
• You do not meet the eligibility to order criteria set out above.
• You must notify us instantly if any particulars are inappropriate. If your payment has not been accepted you will be informed of this in writing along with the reasons
• We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
• No refund shall be issued for paid goods or services
• We take customer feedback very seriously and use it to constantly improve our products and quality of service.
XI. LIMITED GUARANTEE
By availing our services:
• We provide an opportunity for you to avail the offered Services from our Website and mobile application;
• We do not provide any warranty or guarantee that the Courses and/or Service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website/mobile application is not as described, your sole remedy is to intimate us about Services for taking further action.
XII. GEOGRAPHIC RESTRICTION
We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on our Website and Mobile Application is invalid where banned.
XIII. YOUR COMMITMENT AND RESPONSIBILITIES
• You shall use the website, Mobile Application, our Service for a lawful purpose and comply with all the applicable laws;
• You shall not upload any content that is:
o Defamatory, infringes any trademark, copyright or any proprietary rights of any person or affect any one’s privacy, contain violence or hate speech, include any sensitive information about any person.
• You shall not use or access the Website/Mobile Application for collecting any market research for some competing business;
• You shall not use any virus, hacking tool for interfering in the operation of the Website/Mobile Application or data and files of the Website/Mobile Application;
• You will not use any device, scraper or any automated thing to access our Website or Mobile Application for any mean without taking permission.
• You will inform us about anything is inappropriate or you can inform us if you find something illegal;
• You will not interfere with or try to interrupt the proper operation of the Website or mobile application through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website or Mobile Application through hacking, password or data mining, or any other means;
• You will not take any act that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and
• You will let us know about unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.
XIV. COPYRIGHT INFRINGEMENT
If you have an intellectual property rights-related complaint about material posted on the website or Mobile Application, you may contact our Designated Agent using the information below.
ATTN: Legal Department (Copyright Notification)
Any notice alleging that materials hosted by or distributed through the website/mobile Application infringe intellectual property rights must include the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of the material that you claim is infringing and where it is located on the website/mobile application;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the use of the materials on the website/mobile application of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
XV. GENERAL CONDITIONS
• App is provided free with limited storage, limited AI detections and use for 2 devices.
• The user is required to pay for Additional storage, AI detections, additional devices and Ad free upgrades available for the App.
• We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
• We make material changes to these terms and conditions time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
• The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service.
• You acknowledge and agree that we have no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify us of such failure; upon notification, our sole warranty obligation to you will be to refund to you the purchase price, if any, of the App.
• You acknowledge and agree that we are responsible for addressing any claims you or any third party may have in relation to the App;
• Both you and us acknowledge and agree that, in your use of the App you will comply with any applicable third party terms of agreement which may affect or be affected by such use.
XVI. EXCLUSION OF LIABILITY
Sensitive AI is a detection app that will identify, tag and alert you intelligently.
You understand and agree that we (A) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
You are solely responsible for taking backups and securing all the content provided by you. We are not responsible for any loss of data, information under any circumstances.
Further, we shall not be liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a user through the use of the www.sensitiveai.com Website and Mobile Application including loss of data or information or any kind of financial or physical loss or damage.
In no event shall https://sensitiveai.com, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originate to have futile of its important purpose.
XVII. THIRD PARTY LINKS
We may comprise links to external or third-party Websites ("External Sites"). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measure when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
XIX. ERRORS, INACCURACIES AND OMISSIONS
Every effort have been taken to ensure that the information offered on our Website and Mobile Application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website and Mobile Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website/Mobile Application and no warranty shall be provided by us for its suitability for any purpose.
XX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
OUR WEBSITE, MOBILE APPLICATION AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE AND MOBILE APPLICATION WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, MOBILE APPLICATION, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, MOBILE APPLICATION OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, MOBILE APPLICATION OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE WEBSITE/MOBILE APPLICATION DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
THE WEBSITE AND MOBILE APPLICATION MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE AND MOBILE APPLICATION. THE WEBSITE AND MOBILE APPLICATION MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE WEBSITE OR MOBILE APPLICATION DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND MOBILE APPLICATION AT ANY TIME WITHOUT NOTICE.
XXI. PATENTS, COPYRIGHT AND TRADEMARK
We have provided certain material such as technical features, graphics, logo, photo, designs audio recording, text, software etc. (collectively referred to as "Content"). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe patent, copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You shall not modify or transfer any copyrighted content in any way for any public or commercial purpose.
If you violate any provision of this Agreement, your rights to access or use the website or mobile application shall be terminated and you must with immediate effect destroy any and all copies you have created from the content.
Our patents, trademarks, service marks, and logos used and displayed on the Website/mobile application are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Website or mobile application may be trademarks or service marks owned by others (the "Third-Party Trademarks," and, collectively with us, the "Trademarks"). Nothing on the Website and mobile application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.
You agree to secure, indemnify, and hold us and our officers, directors, employees, successors, licensees, and allocates harmless from and against any dues, actions, or demands, including, without restriction, judicious legal and accounting fees, arising or consequential from your breach of this Agreement or your misappropriation of the Content of the Website or mobile application. We shall provide you notice of such claim, suit or proceeding at your expense. We reserve the right, at your expense, to undertake the exclusive defense and control of any case that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
If any provision of these Terms is found to be unenforceable or inacceptable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
Term. The Services will be provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed in accordance with the laws of Canada without giving effect to any principles or conflicts of law. The Courts of Canada shall have exclusive jurisdiction over any dispute arising from use of the Website or mobile application.
We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
We have entered into arrangements with one or more third parties for hosting services that are essential to the Services incorporated within the Services and without which the Services could not be provided to you.
The Company shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the User.
If you have any questions about these Terms, please contact us at email@example.com
Data Protection Addendum
This Data Protection Addendum ("Addendum") is entered into by and between Sensitive AI, and User effective as of the later date of each party’s signature below. This Addendum applies to Sensitive AI’s Processing of User Personal Data under the agreement executed between Sensitive AI and User for Sensitive AI’s provision of the Services (the "Agreement").
For purposes of this Addendum, the terms below have the meanings set forth below. Capitalized terms that are used but not defined in this Addendum have the meanings given in the Agreement.
a. "Affiliate" means any entity that directly or indirectly controls, is controlled by or is under common control with the subject entity, where "control" refers to the power to direct or cause the direction of the subject entity, whether through ownership of voting securities, by contract or otherwise.
b. "User Personal Data" means any User Data (as defined in the Agreement) that is Personal Data. For purposes of this Addendum, User Personal Data does not include personal information of employees or other representatives of User with whom Sensitive AI has a direct business relationship.
c. "Video Feeds" means the Personal Data comprised in the audio and video footage, images and meta data captured by our Services and processed on your behalf; and
d. "Data Protection Laws" means, with respect to a party, all privacy, data protection and information security-related laws and regulations applicable to such party’s Processing of Personal Data, including, where applicable, EU Data Protection Law ;
e. "Data Subject" means the identified or identifiable natural person who is the subject of Personal Data.
f. "EU Data Protection Law" means European Union Regulation 2016/679 ("GDPR") and any national legislation implementing GDPR, as amended from time to time.
g. "Personal Data" means "personal data", "personal information", "personally identifiable information" or similar information defined in and governed by Data Protection Laws.
a. This Addendum forms part of the Agreement and except as expressly set forth in this Addendum, the Agreement remains unchanged and in full force and effect. If there is any conflict between this Addendum and the Agreement, this Addendum shall govern.
b. Any liabilities arising under this Addendum are subject to the limitations of liability in the Agreement.
c. This Addendum will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.
d. This Addendum will automatically terminate upon expiration or termination of the Agreement.
3. SENSITIVE AI’S OBLIGATION
Sensitive AI (as Processor) agrees with you (as "Controller") that it shall:
i. only process Video Feeds on your behalf and in compliance with your documented instructions and the Agreement unless Sensitive AI is required to do so by mandatory EU or EU Member State law to which Sensitive AI is subject. In such cases, Sensitive AI will inform you of that legal requirement before processing, where permitted to under that law;
ii. taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, in relation to Video Feeds implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk;
iii. take reasonable steps to ensure that Sensitive AI’s personnel, agents and contractors that process your Video Feeds are subject to confidentiality undertakings or professional or statutory obligations of confidentiality;
iv. taking into account the nature of the processing, assist you by implementing appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of your obligations to respond to requests to exercise data subject’s rights under the GDPR;
v. notify you without undue delay of becoming aware of a Personal Data Breach affecting your Video Feeds and taking into account the nature of processing and the information available to Sensitive AI, provide reasonable assistance to you to allow you to meet any obligations applicable to you in relation to such breaches under the GDPR;
vi. taking into account the nature of the processing and the information available to Sensitive AI, provide reasonable assistance to you in relation to any mandatory obligations applicable to you in relation to the performance of data protection impact assessments or the carrying out of consultations with a Supervisory Authority under the GDPR, in each case solely in relation to the processing of your Video Feeds;
vii. upon the expiration or termination of this Agreement for any reason, at your election, return or delete all your Video Feeds in Sensitive AI’s possession and delete existing copies of your Video Feeds (unless Sensitive AI is required by mandatory EU or EU Member State law to retain the Personal Data);
viii. provide written responses and documentary information reasonably necessary to demonstrate compliance with Sensitive AI’s obligations under Clauses 4.1.1 - 4.1.7 above and, only to the extent required under Applicable Data Protection Law and where such compliance cannot be verified by providing you with evidence of Sensitive AI’s compliance, including without limitation evidence provided by an independent third party provider of compliance verification, allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you and agreed to by Sensitive AI that relate to your Video Feeds. For the avoidance of doubt, such audit shall be carried out no more than once in any 12-month period with reasonable notice, during regular business hours, in a manner which is not disruptive to Sensitive AI’s business and under a duty of confidentiality. The scope of such an audit will be agreed in advance and shall not involve physical access to the servers from which the Services are provided. You will bear the fees of any auditor and any expenses incurred by Sensitive AI in complying with this clause 4.1.8 and clauses 4.1.4 and 4.1.6; and promptly inform you if, in its opinion, an instruction infringes Applicable Data Protection Law.
4. Role and Scope of the Processing
a. Sensitive AI will Process User Data only in accordance with User’s instructions. By entering into the Agreement, User instructs Sensitive AI to Process User Data to provide the Services and pursuant to any other written instructions given by User and acknowledged in writing by Sensitive AI as constituting instructions for purposes of this Addendum. User acknowledges and agrees that such instruction authorizes Sensitive AI to Process User Data (a) to perform its obligations and exercise its rights under the Agreement; and (b) to perform its legal obligations and to establish, exercise or defend legal claims in respect of the Agreement.
b. For clarity, nothing in this Addendum limits Sensitive AI from transmitting User Data to and among Sources and Destinations as directed by User through the Services. The parties agree that neither Sources nor Destinations are Sub processors of Sensitive AI and that, between the parties, User is solely responsible for the Processing of User Personal Data by, and other acts and omissions of, Sources and Destinations or parties associated therewith.
5. Sub processing
a. User specifically authorizes Sensitive AI to use its Affiliates as Sub processors, and generally authorizes Sensitive AI to engage Third Party Sub processors to Process User Personal Data. Sensitive AI:
i. shall enter into a written agreement with each Sub processor, imposing data protection obligations substantially similar to those set out in this Addendum; and
ii. Remains liable for compliance with the obligations of this Addendum and for any acts or omissions of the Sub processor that cause Sensitive AI to breach any of its obligations under this Addendum.
b. When any new Third Party Sub processor is engaged, Sensitive AI will notify User of the engagement, which notice may be given by updating the Sub processor Page and via a message through User’s Sensitive AI Workspace. Sensitive AI will give such notice at least ten (10) calendar days before the new Sub processor Processes any User Personal Data, except that if Sensitive AI reasonably believes engaging a new Sub processor on an expedited basis is necessary to protect the confidentiality, integrity or availability of the User Personal Data or avoid material disruption to the Services, Sensitive AI will give such notice as soon as reasonably practicable. If, within five (5) calendar days after such notice, User notifies Sensitive AI in writing that User objects to Sensitive AI’s appointment of a new Third Party Sub processor based on reasonable data protection concerns, the parties will discuss such concerns in good faith and whether they can be resolved. If the parties are not able to mutually agree to a resolution of such concerns, User, as its sole and exclusive remedy, may terminate the Agreement for convenience.
a. Sensitive AI shall implement and maintain technical and organizational security measures designed to protect User Personal Data from Security Incidents and to preserve the security and confidentiality of the User Personal Data, in accordance with Sensitive AI’s security standards referenced in the Agreement ("Security Measures").
User is responsible for reviewing the information made available by Sensitive AI relating to data security and making an independent determination as to whether the Services meet User’s requirements and legal obligations under Data Protection Laws. User acknowledges that the Security Measures may be updated from time to time upon reasonable notice to User to reflect process improvements or changing practices (but the modifications will not materially decrease Sensitive AI’s obligations as compared to those reflected in such terms as of the Effective Date).
b. Upon becoming aware of a confirmed Security Incident, Sensitive AI shall notify User without undue delay unless prohibited by applicable law. A delay in giving such notice requested by law enforcement and/or in light of Sensitive AI’s legitimate needs to investigate or remediate the matter before providing notice shall not constitute an undue delay. Such notices will describe, to the extent possible, details of the Security Incident, including steps taken to mitigate the potential risks and steps Sensitive AI recommends User take to address the Security Incident. Without prejudice to Sensitive AI’s obligations under this Section 7.c., User is solely responsible for complying with Security Incident notification laws applicable to User and fulfilling any third party notification obligations related to any Security Incidents. Sensitive AI’s notification of or response to a Security Incident under this Section 7.c. will not be construed as an acknowledgement by Sensitive AI of any fault or liability with respect to the Security Incident.
c. User agrees that, without limitation of Sensitive AI’s obligations under this Section 7, User is solely responsible for its use of the Services, including (a) making appropriate use of the Services to ensure a level of security appropriate to the risk in respect of the User Data; (b) securing the account authentication credentials, systems and devices User uses to access the Services; (c) securing User’s systems and devices that it uses with the Services; and (d) maintaining its own backups of User Data.
7. Data Subject Requests
Sensitive AI shall upon User’s request (and at User’s expense) provide User with such assistance as it may reasonably require to comply with its obligations under Data Protection Laws to respond to requests from individuals to exercise their rights under Data Protection Laws (e.g., rights of data access, rectification, erasure, restriction, portability and objection) in cases where User cannot reasonably fulfill such requests independently by using the self-service functionality of the Services. If Sensitive AI receives a request from a Data Subject in relation to their User Personal Data, Sensitive AI will advise the Data Subject to submit their request to User, and User will be responsible for responding to any such request.
8. Liability and Indemnity
The liability of each party under this Addendum is subject to the exclusions and limitations of liability set out in the Agreement. You agree that any regulatory penalties or claims by data subjects or others incurred by Sensitive AI in relation to your Video Feeds that arise as a result of, or in connection with, your failure to comply with your obligations under this Addendum or Applicable Data Protection Law shall reduce Sensitive AI’s maximum aggregate liability to you under the Agreement in the same amount as the fine and/or liability incurred by us as a result.
2. Where pursuant to Article 82(4) of the GDPR, either party is found to be liable for the entire damage arising from a breach or breaches of the GDPR relating to activities under the Agreement, in order to ensure effective compensation of one or more individuals, then the other party shall indemnify that party for that portion of the compensation attributable to any breaches of GDPR giving rise to the compensation for which it is responsible.
9. Return or Deletion of Data
a. Sensitive AI shall, within sixty (60) days after request by User following the termination or expiration of the Agreement, delete all of the User Personal Data from Sensitive AI’s systems.
b. Notwithstanding the foregoing, User understands that Sensitive AI may retain User Personal Data if required by law, which data will remain subject to the requirements of this Addendum.
You are responsible for any costs and expenses arising from Sensitive AI’s compliance with your instructions or requests pursuant to the Agreement (including this Addendum) which fall outside the standard functionality made available by Sensitive AI to its users generally through the Services.