Terms and Conditions of Use
Effective Date: October 16, 2024
WELCOME TO SCREEMATE AI! BEFORE YOU USE OR ACCESS OUR WEBSITES AND SERVICES, PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
These Terms and Conditions of Use (“Terms of Use”) govern your use of the websites, products, and services operated and provided by ScreenMate AI (“ScreenMate AI”, “we”, “us”, or “our”), including all platforms, software, applications, APIs, tools, interfaces, features, content, documentation, and other materials or functionalities that are incorporated or made available by ScreenMate AI under these Terms of Use (individually and collectively, the “Services”).
The Services allow you to interact with ScreenMate AI and others, providing you the opportunity to incorporate advanced visual grounding capabilities into your agentic systems. Except as otherwise provided in a written agreement signed by ScreenMate AI, these Terms of Use represent the entire understanding between you and ScreenMate AI regarding your use of the Services and your submission of any materials to us. ScreenMate AI is providing you access to the Services subject to: (i) these Terms of Use (including the attached exhibits); (ii) our Responsible Use Guidelines; (iii) our Privacy Policy; (iv) our DMCA Policy; and (v) any other ScreenMate AI terms or policies that are specifically referenced in or provided with a particular Service (collectively, the “Terms”). BY USING OR ACCESSING THE SERVICES, YOU SIGNIFY YOUR PRIOR REVIEW, UNDERSTANDING, AND ACCEPTANCE OF THE TERMS. If you have executed a separate written agreement with ScreenMate AI regarding your use of any Services, the terms and conditions of such agreement will govern with respect to the particular Services it concerns and take precedence to the extent of any conflict or inconsistency with the Terms.
ScreenMate AI reserves the right, at any time, to modify, alter, update, add, or remove portions of the Terms, so please check them from time to time as your continued use of the Services constitutes your acceptance of any changed terms. If you do not agree to any of the Terms, your sole and exclusive remedy is to discontinue your use of the Services.
WHO WE ARE
ScreenMate AI is an innovative company specializing in the development of advanced artificial intelligence models for visual grounding. We offer the ScreenMate-Grounding API, which allows developers to seamlessly integrate cutting-edge visual grounding capabilities into their agentic systems.
ELIGIBILITY, ACCESS, AND REGISTRATION
Your ScreenMate AI Account. To access our Services, we may ask you to create an account. You agree to provide correct, current, and complete account information and allow us to use it to communicate with you about our Services. Our communications to you using your account information will satisfy any requirements for legal notices.
You may not share your account login information, API key, or account credentials with anyone else. You also may not make your account available to anyone else. You are responsible for all activity occurring under your account, and you agree to notify us immediately if you become aware of any unauthorized access to your account by sending an email to legal@screenmate.ai.
Subscriptions. If you subscribe or opt-in to receive any updates, announcements, newsletters, or other marketing materials through the Services, you agree that ScreenMate AI may send you such information using the contact information you provide.
USE OF THE SERVICES
Use of the Services is void where prohibited. By using the Services and their features, you represent and warrant that: (i) You are 18 years or older; (ii) Your use of the Services does not violate any applicable law or regulation; and (iii) You are responsible for all User Content posted and activity that occurs under your account.
Permitted Uses. You may access and use our Services for their intended purposes and only in compliance with the Terms, including specifically our Responsible Use Guidelines and any Supplemental Terms.
Restrictions. You must not abuse, harm, interfere with, or disrupt our Services, including, for example, introducing viruses or malware, spamming or DDoSing Services, or bypassing any of our systems, security protocols, or protective measures.
USER CONTENT
User Content. The Services may allow you to post, submit, publish, display, make available for download and use, or transmit to other users or other persons any content, source code, messages, text, files, images, photos, video, sounds, profiles, feedback, works of authorship, or any other materials on or through the Services (collectively “User Content”). User Content includes any information you provide via your interaction with our Services.
Non-Confidentiality. User Content is not confidential or proprietary if posted publicly. Unless we specify otherwise, any User Content you post to the Services will be considered non-confidential and non-proprietary.
Your Rights to User Content. You represent and warrant that: (i) you own and control all of the rights to the User Content or you otherwise have the right to such User Content and any rights you grant therein; (ii) the User Content is accurate and not misleading; and (iii) the use and posting of the User Content as contemplated by the Terms do not violate the Terms or any applicable law, rule, or regulation and will not infringe or violate any rights of, or cause injury to, any person or entity.
Submissions to ScreenMate AI. Other than submitting Inputs through the AI Services, the Services may contain web forms or links to online forms that we maintain for various questions and submissions to ScreenMate AI (e.g., “Contact Us” forms). When making such submissions to ScreenMate AI, you agree not to submit sensitive or confidential User Content unless such information is specifically requested based on the context and purpose of the form collection.
USING YOUR USER CONTENT WITH AI SERVICES
AI Services. AI Services may provide the use of chatbots, AI assistants, or have interactive chat-like features that enable you to submit prompts and other User Content (“Inputs”) to generate responses and other outputs (“Outputs”).
Inputs. You are responsible for all Inputs you use and process through the AI Services and for ensuring that any User Content you submit as Inputs does not violate these Terms or any third-party rights. As between you and ScreenMate AI, and to the extent permitted by applicable laws, you own all right, title, and interest to your Inputs.
Outputs. Subject to your compliance with the Terms, and to the extent permitted by applicable law, ScreenMate AI assigns to you all right, title, and interest (if any) to Outputs you generate using the AI Services. The Services are built for experimental and research use. They are not intended to be accurate or reliable but rather as research tools. In addition, artificial intelligence and large language models are frontier technologies that are still improving in accuracy, reliability, and safety. Please use your judgment, fact-check important information, and consider context when interpreting or using Outputs.
AI Service Specifications. AI Services are generally designed for research and educational use and not intended to be used as a replacement for human decision-making. AI technology is continually improving in accuracy, reliability, and safety. Accordingly, if you use any AI Services, you acknowledge and agree that:
• Outputs may not provide factual, current, or complete information and can contain material inaccuracies even if they appear to be accurate because of their level of detail or specificity.
• You should not rely on any Outputs without independently confirming their accuracy.
• Outputs may contain content or information that is inconsistent with ScreenMate AI’s views.
• Given the nature of AI technology, Outputs may not be unique and therefore the same or similar outputs may be generated by others.
OUR USE OF YOUR USER CONTENT
License to Use User Content. Except as otherwise provided specifically in the Terms, including any Supplemental Terms, you grant ScreenMate AI a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, sublicense, make derivative works of, and distribute User Content. You agree that this license includes a right for ScreenMate AI to make User Content available to other companies, organizations, or individuals with whom ScreenMate AI has relationships (“Authorized Third Parties”), and to use and have ScreenMate AI Authorized Third Parties use the User Content in connection with their agreements with ScreenMate AI. You understand that ScreenMate AI or Authorized Third Parties may (i) transmit or distribute User Content over various public networks and in various media; and (ii) make such changes to User Content as are necessary to conform and adapt User Content to the technical requirements of connecting networks, devices, services, or media. Further, you understand that the technical processing and transmission of the Services, including User Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree that this license shall permit ScreenMate AI and Authorized Third Parties to take these actions.
Using User Content to Train Our Models. Training on User Content is an important practice across the entire post-training ecosystem. ScreenMate AI believes that it is important to be able to train models using User Content, as this can help advance scientific research. Accordingly, unless we specify otherwise, ScreenMate AI reserves the right to train its models using User Content.
Deletion of Your User Content at Our Discretion. We may, at our option and in our sole discretion, delete any User Content or other data associated with you.
CONTENT STANDARDS/RESTRICTIONS
User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. ScreenMate AI may reject, refuse to post, or delete any User Content for any or no reason, including without limitation, User Content that in the sole judgment of ScreenMate AI violates these Terms, including specifically but without limitation our Responsible Use Guidelines. ScreenMate AI assumes no responsibility for monitoring the Services for inappropriate User Content or conduct. If at any time ScreenMate AI chooses, in its sole discretion, to monitor the Services, and to the extent permitted by law, ScreenMate AI nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content.
THIRD-PARTY SERVICES AND LINKS
Our Services may use or be used in connection with third-party content, services, or integrations. We do not control or accept responsibility for any loss or damage that may arise from your use of any third-party content, services, and integrations, for which we make no representations or warranties. Your use of any third-party content, services, and integrations is at your own risk and subject to any terms, conditions, or policies (including privacy policies) applicable to such third-party content, services, and integrations.
The Services contain (or you may be sent through the Services to) links to other websites (“Third Party Services”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties in a variety of media, including without limitation, sharable software files that contain executable code (the “Third Party Content”). These Third Party Services are provided for your convenience only. ScreenMate AI has no control over the Third Party Content or the Third Party Services and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Services.
In addition, our Services may allow you to download software, which may update automatically to ensure you’re using the latest version. Our software may also include open-source software that is governed by its own licenses.
INTELLECTUAL PROPERTY RIGHTS
General Proprietary IP Rights. As between you and ScreenMate AI, we own all rights, title, and interest in and to the Services, including all software, source code, programs, modifications, enhancements, updates, content, and derivative works, together with all intellectual property rights thereof, but excluding User Content. The Services are owned by ScreenMate AI and contain images, videos, written content, and other material that is owned, licensed, or derived in whole or in part from ScreenMate AI and Third Party Content from other sources. The Services and all their contents are protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material content from the Services, including without limitation code or software, without ScreenMate AI’s express written permission. ScreenMate AI reserves all rights not expressly granted or set forth herein.
Use of Our Trademarks. You may not use ScreenMate AI’s name, trademarks, or logos, including all names and trademarks in connection with the Services (collectively, “ScreenMate AI Marks”) or any third-party trademarks that appear on the Services, without prior written approval from the owner in each instance. You may not use ScreenMate AI Marks in any way that implies our affiliation, endorsement, or sponsorship of you or any third parties. You will further comply with all branding requirements, guidelines, and instructions provided by ScreenMate AI. To request permission to use ScreenMate AI Marks, please email us at communications@screenmate.ai.
DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNITY
Disclaimers. YOUR USE OF THE SERVICES AND MATERIALS IS SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE AND OUR PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, PRIVACY, COMPATIBILITY, NON-INFRINGEMENT, AND ANY WARRANTY IMPLIED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL SCREENMATE AI, ITS PROVIDERS, OR THEIR RESPECTIVE AFFILIATES, INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “SCREENMATE AI PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, THE MATERIALS, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF ANY SCREENMATE AI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, AND EVEN IF THE DAMAGES ARE FORESEEABLE.
Indemnity. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE SCREENMATE AI PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS; YOUR ACCESS TO, USE OF, OR ALLEGED USE OF THE SERVICES OR THE MATERIALS; YOUR FEEDBACK; ANY PRODUCTS OR SERVICES THAT YOU DEVELOP, OFFER, OR OTHERWISE MAKE AVAILABLE USING OR OTHERWISE IN CONNECTION WITH THE SERVICES; YOUR VIOLATION OF APPLICABLE LAW OR ANY THIRD-PARTY RIGHT; AND ANY ACTUAL OR ALLEGED FRAUD, INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, OR CRIMINAL ACTS COMMITTED BY YOU OR YOUR EMPLOYEES OR AGENTS. WE RESERVE THE RIGHT TO ENGAGE SEPARATE COUNSEL AND PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU HEREUNDER, IN WHICH CASE YOU AGREE TO COOPERATE WITH US AND SUCH SEPARATE COUNSEL AS WE REASONABLY REQUEST.
Legal Compliance. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU.
GENERAL TERMS
Changes to the Services. Unless we specifically agree otherwise in a separate agreement with you, we reserve the right to modify, suspend, or discontinue the Services or your access to the Services, in whole or in part, at any time without notice to you. Although we will strive to provide you with reasonable advance notice if we stop offering a Service, there may be urgent situations—such as preventing abuse, responding to legal requirements, or addressing security and operability issues—where providing advance notice is not feasible. We will not be liable for any change to or any suspension or discontinuation of the Services or your access to them. If you continue to access the Services after we post the updated Terms on ScreenMate AI’s website or otherwise give you notice of Terms changes, then you agree to the updated Terms. If you do not accept the updated Terms, you must stop using our Services.
Entire Agreement. These Terms and any other terms expressly incorporated by reference form the entire agreement between you and ScreenMate AI regarding the subject matter of our Terms.
Termination, Survival of Terms. You may stop accessing the Services at any time. ScreenMate AI may terminate the Services, or suspend your access to all or part of the Services, without notice, for any conduct that ScreenMate AI, in its sole discretion, believes is disruptive or is in violation of any applicable law or these Terms. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, indemnification, User Content, intellectual property rights, choice of law, and venue set forth in these Terms will survive.
Severability. If a particular Term or portion of these Terms is not valid or enforceable, this will have no effect on any other Terms.
No Waiver. Any delay or failure on our part to enforce a provision of these Terms is not a waiver of our right to enforce them later.
No Assignment. These Terms may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction.
Use of Our Brand. You may not, without our prior written permission, use our name, logos, or other trademarks in any way that implies our affiliation, endorsement, or sponsorship. To seek permission, please email us at communications@screenmate.ai.
Export Controls. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or other export or trade restrictions that would prohibit your access or use. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. ScreenMate AI makes no claim that content contained on the Services is appropriate or may be downloaded outside the United States or by non-US citizens. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country’s jurisdiction.
Applicable Law and Venue. ScreenMate AI operates the Services from [Your Company’s Location, e.g., San Francisco, California, United States of America]. These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of [Your State], without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms will be filed only in the state and federal courts located in [Your County], [Your State], and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms of Use. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action arises.
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement. These Terms, together with any other terms and policies expressly incorporated by reference in the respective Services, form the entire agreement between you and us ScreenMate AI regarding the subject matter herein.
Questions and Contact Information. Questions or comments about the Services may be directed to ScreenMate AI at the email address legal@screenmate.ai.
EXHIBIT A
Supplemental Terms
These Supplemental Terms supplement the Terms of Use and govern your use of the Services below. To the extent of any conflict between these Supplemental Terms and the Terms of Use, these Supplemental Terms will take precedence with respect to the applicable Services.
AI Services
Some AI Services are governed by additional terms and conditions that are provided as clickwrap agreements or that are otherwise specified in the legal terms of the particular AI Service.
For example, some AI Services specify that your Inputs and Outputs will not be used to train AI models, while some AI Services specify that your Inputs and Outputs may be published and shared for research purposes.
Paid Accounts
Billing. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
Cancellation. You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.
Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice, and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
Version History
• October 2024 (Current Version): Original version.
Contact Information
For any questions or concerns regarding these Terms and Conditions, please contact us at:
Email: legal@screenmate.aiWebsite: https://screenmate.ai