Terms for Cloud Services

SAFR Cloud Services offers you the opportunity to link compatible products and services to our cloud service and perform recognition tasks using the cloud service (“SAFR Cloud”) provided by RealNetworks LLC (“REAL”). These terms set forth the additional terms relating to your use of the SAFR Cloud.

1. Your use of SAFR Cloud is conditioned on having a valid license for a compatible product such as SAFR branded Software or SAFR Product.

2. Suspension of Services. We may immediately suspend your access to SAFR Cloud if we reasonably believe that:

2.1. You are using our products or services for fraudulent or illegal activities;

2.2. You have breached the use restrictions specified in these terms of corresponding terms of Products and Services;

2.3. Your use is a threat to or attack on any of our intellectual property or rights thereto; or

2.4. Your use of SAFR Cloud disrupts or poses a security risk to us or to any other customer or vendor of REAL.

REAL will exercise commercially reasonable efforts to notify you prior to suspending the SAFR Cloud service pursuant to this Section 2. In the event REAL does not notify you prior to suspending any SAFR Cloud services, REAL will notify you of the service suspension as promptly as reasonably practical thereafter. In the event of any suspension pursuant to this Section 2, Licensee shall continue to be obligated to pay the fees for the SAFR Cloud services during such period of suspension. If REAL suspends a SAFR Cloud service, unless REAL has subsequently terminated such SAFR Cloud service in accordance with the terms of the main agreement entered into by the parties (the “Agreement”), REAL will resume the suspended SAFR Cloud service as soon as reasonably practical after REAL is reasonably satisfied that the reason giving REAL the right to suspend has been cured or resolved, as applicable. REAL will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you or any authorized user may incur as a result of a suspension.

3. Your Data. You will own all right, title, and interest, including all intellectual property rights, in and to your data uploaded to SAFR Cloud and you hereby grant us a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display your data to provide the services.

4. Privacy and Data Protection Laws. Data protection and privacy laws where may impose certain responsibilities on you and your use of the products and services.

4.1. For certain video, audio, and facial recognition data that you collect using products and services (e.g. facial recognition data from SAFR SCAN) as an owner or authorized user, you are the controller/business of certain data these products and services collect, and REAL is the processor/service provider of that data, under applicable laws. You agree that you (and not REAL) are responsible for ensuring that you comply with any applicable laws when you use the SAFR Cloud, including, but not limited to, (a) capturing facial images and underlying facial recognition data; (b) recording video or audio content that includes third parties, or (c) any laws requiring notice to third parties, or consent or explicit consent of third parties with respect to your use of Products or Services

4.2. Where REAL is acting as a processor/service provider of data you have collected through your use of its SAFR Cloud, REAL will endeavor to: (a) only process data at your instruction; (b) ensure that persons permitted to process data through us on your behalf are committed to confidentiality; (c) only engage a third-party service provider (sub-processor) that provide an equivalent level of protection as set forth herein; (d) to the extent applicable and possible, assist you with any individual rights requests or other compliance obligations; and (e) within the limits of Section 5.3 below, delete or return your data upon termination.

4.3. If REAL processes personal information on its own behalf, REAL’s Privacy Policy (SAFR Privacy Policy) will govern the collection and use of personal information relating to the use of the Software; any information provided by you, your authorized users, or otherwise processed by REAL on your behalf (as a controller/business), will be governed by this agreement, REAL’s Privacy Policies, and by your own privacy policy

5. Consequence of Termination. Upon expiration or termination of the services

5.1. You will have no further access to any of the data on the SAFR Cloud;

5.2. We will provide any such data to you in our standard database export format upon receipt of a request within thirty (30) days of expiration or termination of the Term; and

5.3. After thirty (30) days following expiration or termination of the Term, if you have not requested the deletion or return of your data, we will have no obligation to maintain or provide any of your data and thereafter, unless legally prohibited, will delete all your data in our systems or otherwise in our possession or under our control.

6. Resultant Data. Notwithstanding anything to the contrary herein, you hereby grant to us a perpetual, non-exclusive, non-sublicensable, non-transferable license to use anonymized data and aggregated performance data derived from your uploaded data (“Resultant Data”) for the purpose of enabling us to optimize and improve our services. For the avoidance of doubt, Resultant Data will not contain any personally identifiable information.

7. Access and Security. We will employ all current standard physical, administrative, and technical controls, screening, and security procedures and other safeguards to prevent any unauthorized access to the SAFR Cloud.

8. Term. The term for SAFR Cloud (“Term”) will terminate with the termination of the associated license provided to the Software or Product that is linked with SAFR Cloud, or upon expiration of the term specified in the term of sale, whichever is earlier. Upon the expiration or termination of the Term you must stop using SAFR Cloud.