These Terms of Use (“Terms”) govern access to and use of:
- the monoxyz website located at monoxyz.ai;
- the monoxyz web application;
- any related application programming interfaces, software, tools, documentation, demonstration environments, beta features, and enterprise deployments;
- any text, images, videos, interfaces, data, information, documentation, and other content made available by Playtag through the foregoing; and
- any other products or services provided by Playtag that refer to these Terms.
These are collectively referred to as the “monoxyz Services” or the “Services.”
These Terms form a legally binding agreement between Playtag Inc. (“Playtag,” “we,” “our,” or “us”) and the individual or entity accessing or using the Services (“you,” “your,” or “User”).
Please read these Terms carefully.
If you do not agree to these Terms, you must not access or use the Services.
If you access or use the Services on behalf of a company, university, research institution, childcare provider, healthcare organization, employer, government organization, or other entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” and “your” refer to both you and the entity.
1. Eligibility and Authority
1.1 Minimum Age
You must be at least 18 years old or have reached the legal age of majority in your jurisdiction to create a monoxyz account or agree to these Terms.
The Services are not intended to be accessed directly by children.
1.2 Capacity
By using the Services, you represent and warrant that:
- you have the legal capacity to enter into a binding agreement;
- you are not prohibited from using the Services under applicable law;
- all information you provide to Playtag is accurate, current, and complete; and
- where you act for an organization, you have authority to bind that organization.
1.3 Professional and Institutional Use
The Services are primarily intended for business, institutional, professional, academic, and research use.
You are responsible for determining whether the Services are appropriate for your intended use and whether any additional organizational approval, consent, contract, ethics approval, or regulatory authorization is required.
2. Changes to These Terms and the Services
2.1 Changes to These Terms
Playtag may update these Terms periodically to reflect changes in:
- the Services;
- our technical architecture;
- our commercial practices;
- applicable law;
- security requirements; or
- third-party service providers.
When we update these Terms, we will post the revised version and update the “Last updated” date.
Where required by applicable law, or where a change materially affects your rights or obligations, we may provide additional notice by email, through your account, or through the Services.
We may require you to accept revised Terms before continuing to use the Services.
If you do not agree to revised Terms, you must stop using the Services and may terminate your account or subscription in accordance with these Terms.
2.2 Changes to the Services
Playtag may modify, update, add, remove, replace, suspend, or discontinue features of the Services.
We may make changes to:
- supported file types;
- maximum upload sizes;
- processing limits;
- usage allowances;
- available Outputs;
- artificial-intelligence models and providers;
- interfaces;
- integrations;
- storage architecture;
- subscription plans;
- usage credits; and
- beta or experimental features.
For an active paid Order, Playtag will not materially reduce the core functionality purchased under that Order during its then-current term, except where reasonably necessary to:
- address security or safety concerns;
- comply with applicable law;
- prevent misuse;
- address third-party service changes;
- avoid infringement or legal risk; or
- protect the Services or other users.
Your purchase is not contingent on the delivery of any future feature, functionality, integration, or product roadmap item unless expressly stated in a signed Order.
2.3 Maintenance and Emergency Suspension
Playtag may temporarily suspend or limit the Services for:
- scheduled maintenance;
- emergency maintenance;
- security incidents;
- suspected unauthorized activity;
- legal or regulatory requirements;
- third-party infrastructure failures; or
- circumstances beyond Playtag’s reasonable control.
Where reasonably practicable, Playtag will provide notice of planned material interruptions.
Unless expressly provided in an Order or service-level agreement, Playtag does not guarantee uninterrupted availability or a particular uptime level.
3. User Accounts
3.1 Account Creation
Certain features require a monoxyz user account (“Account”).
When creating an Account, you must provide accurate and complete information and keep that information current.
Playtag may reject an Account registration or require additional verification where reasonably necessary to:
- confirm identity or authority;
- prevent fraud;
- protect security;
- comply with law; or
- determine whether the Services are appropriate for the proposed use.
3.2 Account Credentials
You must:
- keep usernames, passwords, authentication codes, and API keys confidential;
- use reasonable security measures to protect your Account;
- not share credentials with unauthorized persons;
- promptly change compromised credentials; and
- immediately notify Playtag of suspected unauthorized access.
You may not sell, transfer, sublicense, rent, or commercially share your Account.
3.3 Authorized Users
An organization may allow its employees, contractors, students, researchers, or other authorized personnel to access the Services under its Account where permitted by the applicable plan or Order.
The organization is responsible for:
- determining who may access the Services;
- managing permissions;
- ensuring Authorized Users comply with these Terms;
- promptly removing access when authorization ends; and
- all activities conducted through its Account.
Actions performed by an Authorized User will be treated as actions of the organization that authorized the user.
3.4 Account Activity
Playtag may rely on instructions and actions submitted through your Account.
You are responsible for:
- uploads;
- prompts;
- questions;
- deletions;
- downloads;
- purchases;
- subscription changes; and
- other activity conducted through your Account,
except to the extent caused by Playtag’s breach of these Terms or failure to use legally required security measures.
3.5 API Keys
If Playtag provides an API key or similar credential, you may use it only:
- for your authorized use of the Services;
- in accordance with applicable Documentation;
- within applicable rate and usage limits; and
- through systems under your control or operated by authorized service providers.
You remain responsible for activity conducted using your API keys.
You must not embed an API key in publicly accessible code or disclose it to an unauthorized third party.
4. Electronic Communications
By accessing or using the Services or communicating with Playtag electronically, you consent to receive electronic communications relating to:
- your Account;
- these Terms;
- purchases and payments;
- security;
- customer support;
- service changes;
- legal notices; and
- other matters relating to the Services.
You agree that electronic notices, disclosures, agreements, and communications satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
Marketing communications are governed by the choices and rights described in Playtag’s Privacy Policy.
5. Customer Data
5.1 Definition
“Customer Data” means any information or material that you or an Authorized User uploads, submits, transmits, provides, or makes available through the Services, including:
- videos;
- images;
- audio;
- questions;
- prompts;
- instructions;
- labels;
- descriptions;
- metadata;
- identifiers;
- annotations;
- corrections;
- feedback tied to an analysis;
- research materials; and
- other files or information.
Customer Data does not include Account registration, billing, or contact information that Playtag processes for its own administrative purposes.
“Customer Video Data” means the video, image, audio, and associated metadata included in Customer Data.
5.2 Ownership of Customer Data
As between you and Playtag, you retain all right, title, and interest in and to your Customer Data.
These Terms do not transfer ownership of your Customer Data to Playtag.
5.3 Limited License to Playtag
You grant Playtag a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, transmit, format, process, analyze, display, and otherwise use Customer Data only as reasonably necessary to:
- provide the Services;
- process uploaded footage;
- respond to questions and prompts;
- generate Outputs;
- store and retrieve Customer Data;
- provide technical and customer support;
- secure, maintain, and troubleshoot the Services;
- prevent or investigate fraud, misuse, or security incidents;
- enforce these Terms;
- comply with applicable law or valid legal process; and
- perform obligations under an applicable Order or data processing agreement.
This license continues only for as long as reasonably necessary for those purposes, subject to the retention and deletion terms below.
5.4 No Model Training
Playtag does not use Customer Data to train artificial-intelligence models.
This restriction applies to:
- uploaded videos;
- images;
- audio;
- questions;
- prompts;
- labels;
- metadata; and
- Outputs.
Playtag does not authorize its service providers to use Customer Data to train generalized or publicly available artificial-intelligence models.
Nothing in these Terms grants Playtag a license to use Customer Data for model training.
5.5 Your Representations Regarding Customer Data
You represent and warrant that:
- you own the Customer Data or have all rights, permissions, licenses, and authority necessary to provide it to Playtag;
- Playtag’s processing of Customer Data as contemplated by these Terms will not violate applicable law or another person’s rights;
- you have provided all legally required notices;
- you have obtained all legally required consents and authorizations;
- you have a valid legal basis for processing personal information included in Customer Data;
- your Customer Data does not violate contractual or confidentiality obligations; and
- your collection and use of the Customer Data is consistent with the purpose for which it was collected.
5.6 People Appearing in Footage
You are solely responsible for ensuring that you have lawful authority to upload and analyze footage of each person appearing in Customer Video Data.
Depending on the context, this may require authorization from:
- the person appearing in the footage;
- a parent or legal guardian;
- an employer;
- an educational institution;
- a childcare provider;
- a healthcare or senior-care organization;
- a research institution;
- an institutional review board or ethics committee;
- a property owner; or
- another legally authorized party.
Playtag does not independently verify that you have obtained all required rights or consents.
5.7 Sensitive and Regulated Information
You must not upload sensitive or regulated information unless:
- the upload is necessary for an authorized and lawful use;
- your organization has approved the use;
- you have obtained all necessary rights and consents;
- appropriate contractual safeguards are in place; and
- the Services are suitable for the applicable regulatory requirements.
Unless Playtag expressly agrees otherwise in writing, the Services are not represented as compliant with requirements specific to:
- protected health information under the U.S. Health Insurance Portability and Accountability Act;
- payment-card data governed by the Payment Card Industry Data Security Standard;
- classified or controlled government information;
- criminal justice information;
- export-controlled technical data; or
- other information requiring a specifically certified or regulated environment.
You must not upload full payment-card numbers, account passwords, authentication secrets, Social Security numbers, national identification numbers, or similar information unless expressly authorized by Playtag and reasonably necessary for an approved use.
6. Outputs
6.1 Definition
“Output” means information or material generated or returned by the Services in response to Customer Data, questions, prompts, or instructions, including:
- answers;
- summaries;
- time codes;
- timestamps;
- counts;
- duration calculations;
- captions;
- detected events;
- movement information;
- interaction information;
- matching scenes;
- generated clips;
- behavioral observations;
- reports;
- tables;
- structured data; and
- exported results.
6.2 Rights in Outputs
Subject to:
- your compliance with these Terms;
- your payment of applicable Fees;
- Playtag’s ownership of the Services and Playtag Materials; and
- any third-party rights,
as between you and Playtag, you may use Outputs generated specifically for you for your lawful internal, professional, academic, research, or business purposes.
To the extent permitted by applicable law, Playtag assigns to you any right, title, and interest Playtag may have in the substantive Output generated specifically from your Customer Data.
This assignment does not include:
- the monoxyz Services;
- Playtag’s models, algorithms, software, interfaces, or systems;
- templates or formats used generally across the Services;
- Documentation;
- Playtag trademarks;
- third-party materials; or
- improvements to the Services.
6.3 Outputs May Not Be Unique
Outputs may not be unique.
The Services may generate the same or similar Output for different users, particularly where users submit similar footage, questions, prompts, or instructions.
You receive no exclusive right in general ideas, methods, structures, formats, or information that are also generated for another user without use or disclosure of your Customer Data.
6.4 Accuracy and Human Review
Artificial-intelligence and video-analysis systems may produce incomplete, inaccurate, misleading, or inappropriate Outputs.
Output quality may be affected by:
- video quality;
- resolution;
- lighting;
- camera position;
- occlusion;
- frame rate;
- audio quality;
- background noise;
- file corruption;
- incomplete footage;
- ambiguous prompts;
- missing context;
- similarity between individuals;
- environmental conditions; and
- model limitations.
You are responsible for reviewing and validating Outputs before relying on them.
You must not represent an Output as verified fact unless it has been appropriately reviewed.
6.5 Responsibility for Use of Outputs
You are solely responsible for:
- determining whether an Output is suitable for your intended use;
- verifying material facts;
- obtaining appropriate professional review;
- complying with applicable law;
- providing required notices or explanations;
- correcting inaccurate information; and
- decisions or actions taken based on an Output.
7. Privacy, Storage, Security, Retention, and Deletion
7.1 Privacy Policy
Playtag’s collection and processing of personal information is described in the monoxyz Privacy Policy, which is incorporated into these Terms by reference.
If Playtag processes Customer Data on behalf of an organization, an applicable data processing agreement may provide additional terms.
7.2 Current Storage Architecture
Customer Video Data is currently stored using Amazon Web Services, including Amazon Simple Storage Service, in the us-east-1 AWS Region in the United States.
Video uploads are transmitted using HTTPS and protected in transit through TLS encryption.
Customer Video Data stored in Amazon S3 is encrypted at rest using server-side encryption with Amazon S3-managed encryption keys, known as SSE-S3.
Amazon S3 Block Public Access is enabled for the applicable storage.
7.3 Account Separation and Administrative Access
Ordinary users cannot access Customer Data associated with unrelated user accounts through the standard monoxyz interface.
Authorized Playtag personnel with administrative privileges may be technically able to access Customer Data across Accounts where reasonably necessary to:
- provide support;
- troubleshoot technical issues;
- respond to user requests;
- maintain or secure the Services;
- investigate suspected misuse;
- comply with law;
- enforce these Terms; or
- protect Playtag, users, or others.
Playtag does not currently maintain a dedicated audit log recording every instance in which an administrator views a video, question, prompt, or Output.
7.4 Retention
Unless deleted by the user, Customer Data may be retained for an indefinite period.
Customer Data does not automatically expire after a fixed period.
You are responsible for deleting Customer Data that you no longer want Playtag to retain, subject to applicable law and contractual requirements.
7.5 User-Initiated Deletion
Users can delete uploaded videos through the Services.
Deletion of a video may also delete, disable, or affect access to related:
- questions;
- prompts;
- metadata;
- analyses;
- clips;
- reports; and
- Outputs.
Where deletion is not available through the user interface, you may contact Playtag to request deletion.
Playtag may verify your identity and authority before processing a deletion request.
7.6 No Separate Backup of Deleted Customer Video Data
Playtag does not maintain a separate backup copy of deleted Customer Video Data.
After Customer Video Data is deleted from active storage, Playtag does not retain a backup copy for restoration, subject to:
- reasonable technical processing time;
- legal preservation obligations; and
- limited records Playtag must retain for security, accounting, dispute resolution, or legal compliance.
Deleted Customer Video Data ordinarily cannot be restored.
7.7 Architecture Changes
Playtag’s infrastructure and security architecture may change as the Services develop.
Playtag may adopt:
- additional cloud services;
- different AWS Regions;
- additional processing providers;
- stronger encryption methods;
- revised retention rules;
- administrative-access logging;
- additional security controls; or
- other architectural changes.
Material changes will be reflected in the Privacy Policy or other required notice.
8. Orders, Plans, and Usage Credits
8.1 Orders
An “Order” means an online purchase, subscription selection, order form, statement of work, enterprise agreement, or other ordering document through which you purchase access to the Services.
Each Order is governed by:
- the applicable Order;
- any data processing agreement;
- any service-level agreement;
- these Terms; and
- the Privacy Policy.
If there is a conflict, the documents will control in the order listed above, unless the applicable document expressly states otherwise.
Terms included in your purchase order or other customer document do not modify these Terms unless expressly accepted in writing by an authorized representative of Playtag.
8.2 Plans and Usage Limits
Access to features may depend on your selected plan.
Plans may include limits relating to:
- upload volume;
- file size;
- video duration;
- storage;
- processing time;
- number of users;
- API requests;
- report exports;
- concurrent analyses;
- usage credits; or
- other resources.
You must not attempt to bypass a plan limit or technical restriction.
8.3 Usage Credits
Playtag may offer usage credits, processing credits, trial credits, promotional credits, or similar units (“Credits”).
Unless otherwise stated:
- Credits are not money;
- Credits have no cash value;
- Credits are non-transferable;
- Credits may not be resold;
- Credits may be used only for eligible monoxyz Services;
- Credits may expire as stated at the time they are issued;
- unused Credits are not refundable; and
- promotional Credits may be revoked in cases of abuse, fraud, or violation of these Terms.
Playtag may determine how Credits are consumed based on factors such as file duration, file size, processing complexity, model usage, requested Output, or other technical resources.
8.4 Processing Estimates
Any estimate of processing time, completion time, cost, or Credit usage is informational and may change based on:
- video characteristics;
- demand;
- service availability;
- requested analysis;
- third-party infrastructure;
- technical errors; or
- other circumstances.
9. Fees, Payments, Renewals, and Taxes
9.1 Fees
You agree to pay all fees and charges associated with your Account, plan, Credits, or Order (“Fees”).
Applicable Fees will be displayed through the Services or stated in the Order.
Unless otherwise stated, Fees are quoted in the currency displayed at checkout or in the applicable Order.
9.2 Payment Processors
Playtag may use a third-party payment processor.
Payments processed by a third party are also subject to that processor’s terms and privacy policy.
You authorize Playtag or its payment processor to charge your selected payment method for:
- purchases;
- subscriptions;
- renewals;
- taxes;
- usage charges; and
- other amounts disclosed at checkout or in an Order.
Playtag is not responsible for errors or service failures caused solely by a payment processor, but we will use commercially reasonable efforts to assist with legitimate payment issues.
9.3 Billing Information
You must provide current, complete, and accurate billing information.
You must promptly update:
- billing address;
- payment method;
- card expiration date;
- tax information; and
- other information required to process payment.
9.4 Subscriptions and Automatic Renewal
If you purchase a subscription, it will renew automatically for successive periods of the same duration unless:
- the Order states otherwise;
- you cancel before the renewal date;
- Playtag terminates the subscription; or
- applicable law requires a different process.
You authorize Playtag or its payment processor to charge the applicable renewal Fees and taxes to your payment method.
Playtag will provide any renewal notice required by applicable law.
You can cancel through available Account settings or by contacting Playtag.
Cancellation stops future renewal charges but ordinarily does not generate a refund for the current billing period.
9.5 Fee Changes
Playtag may change Fees for a future subscription period.
Where required, Playtag will provide advance notice before the revised Fees apply to a renewal.
If you do not agree to the revised Fees, you may cancel before renewal.
9.6 Refunds
Except where:
- required by applicable law;
- expressly provided in an Order; or
- expressly stated in a promotion,
Fees and Credit purchases are non-refundable.
Failure to use the Services does not entitle you to a refund.
Nothing in these Terms limits mandatory cancellation, withdrawal, refund, or consumer rights that cannot lawfully be excluded.
9.7 Late and Failed Payments
If payment is overdue or unsuccessful, Playtag may:
- retry the payment method;
- notify you;
- limit paid features;
- suspend processing;
- suspend the Account; or
- terminate the applicable Order.
You remain responsible for unpaid amounts.
Playtag will not suspend an enterprise Account solely for a disputed charge while the customer is disputing the charge reasonably, in good faith, and cooperating to resolve the issue.
9.8 Taxes
Fees do not include applicable:
- sales taxes;
- value-added taxes;
- goods and services taxes;
- withholding taxes;
- duties; or
- similar governmental assessments,
unless expressly stated.
You are responsible for applicable taxes associated with your purchase, excluding taxes imposed on Playtag’s net income.
If Playtag is legally required to collect a tax, it may be added to your invoice or checkout amount.
10. Trials, Promotions, and Beta Features
10.1 Free Trials and Promotions
Playtag may offer free trials, promotional Credits, discounted plans, or other promotions.
Additional terms presented with the offer apply.
Playtag may:
- determine eligibility;
- limit an offer to one per person or organization;
- modify or end an offer;
- revoke benefits obtained through fraud or abuse; and
- require a payment method before a trial begins.
Unless stated otherwise, unused trial or promotional Credits expire when the applicable trial or promotion ends.
10.2 Beta and Experimental Features
Playtag may provide alpha, beta, preview, pilot, research, or experimental features (“Beta Features”).
Beta Features may:
- be incomplete;
- contain errors;
- change without notice;
- be subject to additional limits;
- produce unreliable Outputs;
- be discontinued; or
- be provided without support or service commitments.
You use Beta Features at your own risk.
Unless expressly agreed in writing, Beta Features are provided without warranties, service levels, or commitments regarding future commercial availability.
11. License to Use the Services
Subject to your compliance with these Terms and payment of applicable Fees, Playtag grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services during the applicable subscription or Order term.
You may use the Services only:
- for your authorized purposes;
- within applicable plan limits;
- in accordance with the Documentation;
- through authorized Accounts; and
- in compliance with law and these Terms.
The Services are licensed, not sold.
No rights are granted except those expressly stated in these Terms.
12. Playtag Ownership and Intellectual Property
12.1 Playtag Materials
“Playtag Materials” include:
- the monoxyz Services;
- software;
- source and object code;
- models;
- algorithms;
- workflows;
- system architecture;
- interfaces;
- designs;
- databases;
- Documentation;
- templates;
- prompts created by Playtag;
- analysis methods;
- technical features;
- trademarks;
- logos;
- website content; and
- improvements, updates, adaptations, and derivative works of the foregoing.
Playtag and its licensors retain all right, title, and interest in and to the Playtag Materials.
12.2 Restrictions
Except as expressly permitted by these Terms, you may not:
- copy or reproduce the Services;
- modify the Services;
- create derivative works from the Services;
- sell, rent, lease, sublicense, or distribute the Services;
- make the Services available as a service bureau;
- reverse engineer, decompile, disassemble, or attempt to discover source code;
- extract model weights or underlying system instructions;
- bypass technical safeguards;
- scrape or systematically download Playtag Materials;
- use the Services to build or train a competing model, product, or service;
- benchmark the Services for publication without Playtag’s prior written permission; or
- remove proprietary notices.
This restriction does not prohibit activity that applicable law expressly permits and does not allow the parties to restrict.
12.3 Trademarks
Playtag, monoxyz, and associated names, logos, graphics, and marks are trademarks or service marks of Playtag or its licensors.
You may not use them without prior written authorization, except for truthful identification of Playtag or the Services.
12.4 Customer Names and Logos
Playtag will not publicly identify you as a customer or use your name, logo, footage, or case study for marketing without your prior authorization.
Any authorized use will be subject to applicable brand guidelines and may be withdrawn prospectively by written notice.
13. Acceptable Use
You must use the Services lawfully, responsibly, and in accordance with these Terms.
You must not, directly or indirectly:
13.1 Security and Service Integrity
- access an Account or Customer Data without authorization;
- bypass authentication or access controls;
- probe, scan, or test a vulnerability without written authorization;
- interfere with the integrity or availability of the Services;
- introduce malware, ransomware, viruses, or harmful code;
- conduct denial-of-service activity;
- overload or abuse service infrastructure;
- evade rate, upload, storage, or Credit limits;
- falsify headers, identity, or source information; or
- use automated systems in a manner not authorized by the Documentation.
13.2 Illegal or Harmful Content
- upload content you do not have the right to use;
- violate privacy, publicity, confidentiality, intellectual-property, or contractual rights;
- engage in unlawful surveillance;
- stalk, harass, intimidate, threaten, or exploit another person;
- facilitate violence, trafficking, abuse, or criminal activity;
- create or distribute unlawful sexual content;
- upload sexual content involving minors;
- promote hatred or unlawful discrimination;
- impersonate another person;
- submit intentionally false or deceptive information; or
- use the Services in violation of applicable law.
13.3 Surveillance and Identification
You may not use the Services to:
- identify an unknown person through facial recognition or biometric matching without Playtag’s written authorization and a lawful basis;
- conduct covert surveillance where notice or consent is legally required;
- monitor a person in a location where the person has a reasonable expectation of privacy without lawful authority;
- track a person for harassment, intimidation, retaliation, or discrimination;
- create an unlawful biometric database; or
- perform unlawful law-enforcement, immigration, or intelligence surveillance.
13.4 Competitive and Technical Misuse
You may not:
- use the Services or Outputs to develop a substantially similar competing service;
- use Playtag Materials to train another artificial-intelligence model;
- extract large quantities of data or Output to replicate the Services;
- resell access except under an authorized reseller agreement;
- misrepresent the source or accuracy of Outputs; or
- conceal use of artificial intelligence where disclosure is legally required.
13.5 Evasion
You may not enable, encourage, assist, or authorize another person to engage in prohibited conduct.
Playtag may investigate suspected violations and may remove Customer Data, restrict processing, or suspend access where reasonably necessary to protect the Services or comply with law.
14. High-Risk, Regulated, and Professional Uses
14.1 Human Oversight
The Services are designed to support human understanding, not replace qualified human judgment.
You must maintain meaningful human oversight when Outputs could materially affect a person.
14.2 No Sole Basis for Significant Decisions
You must not use an Output as the sole basis for a decision that produces legal or similarly significant effects concerning:
- employment;
- education;
- healthcare;
- insurance;
- housing;
- credit;
- criminal justice;
- immigration;
- eligibility for essential services; or
- another high-impact domain.
Where the Services are used to support such decisions, you are responsible for providing:
- appropriate human review;
- required notices;
- an explanation where required;
- a process to correct inaccurate information;
- an opportunity to contest the decision; and
- all safeguards required by applicable law.
14.3 Medical and Healthcare Uses
The Services are not medical devices and do not provide medical diagnosis, treatment, or professional medical advice unless expressly stated in a separate written agreement and supported by applicable regulatory authorization.
Outputs must not replace a qualified healthcare professional.
Do not rely on the Services for emergency medical monitoring or response.
14.4 Safety-Critical Uses
The Services are not a substitute for:
- emergency services;
- required safety personnel;
- alarm systems;
- fire-detection systems;
- security systems;
- workplace safety programs;
- clinical monitoring; or
- legally required supervision.
Outputs may support safety review but must not be the only safety control.
14.5 Children and Vulnerable Individuals
When Customer Data involves children, older adults, patients, individuals with disabilities, or other potentially vulnerable persons, you must:
- obtain all required authorization and consent;
- use the minimum information reasonably necessary;
- limit access to authorized personnel;
- avoid punitive or discriminatory interpretations;
- apply appropriate professional review; and
- comply with child-protection, education, healthcare, research, and privacy laws.
14.6 Research Uses
Researchers are responsible for obtaining:
- institutional approval;
- ethics or institutional review board approval;
- informed consent;
- data-use authorization;
- participant notices;
- publication permissions; and
- any other approval required for the research.
Playtag’s provision of the Services does not constitute approval of a research protocol.
15. Confidentiality
15.1 Definition
“Confidential Information” means non-public information disclosed by one party to the other that:
- is designated as confidential;
- is disclosed under circumstances indicating confidentiality; or
- a reasonable person would understand to be confidential.
Customer Data is your Confidential Information.
Non-public Playtag technical, security, commercial, and product information is Playtag’s Confidential Information.
15.2 Exclusions
Confidential Information does not include information that the receiving party can demonstrate:
- was lawfully known without restriction before disclosure;
- becomes public through no breach of these Terms;
- is received lawfully from a third party without confidentiality obligations;
- is independently developed without use of the disclosing party’s Confidential Information; or
- is approved for release in writing.
15.3 Protection and Use
Each party will:
- use the other party’s Confidential Information only to perform or exercise rights under these Terms;
- protect it using at least reasonable care;
- restrict disclosure to personnel and service providers with a need to know;
- ensure recipients are subject to confidentiality obligations; and
- not disclose it except as permitted by these Terms.
15.4 Required Disclosure
A receiving party may disclose Confidential Information where required by law, court order, or valid legal process.
Where legally permitted, the receiving party will provide reasonable advance notice and assistance so the disclosing party may seek protective treatment.
15.5 Equitable Relief
Unauthorized use or disclosure of Confidential Information may cause harm that cannot be adequately remedied through monetary damages alone.
The affected party may seek appropriate injunctive or equitable relief in addition to other remedies.
16. Feedback and Service Analytics
16.1 Feedback
“Feedback” means suggestions, ideas, feature requests, comments, or recommendations about the Services that you voluntarily provide to Playtag.
You grant Playtag a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use Feedback to:
- improve the Services;
- develop features;
- operate Playtag’s business; and
- create related products and services.
Playtag is not required to compensate you or treat Feedback as confidential unless agreed otherwise in writing.
Feedback does not include Customer Data merely because Customer Data is processed through the Services.
16.2 Aggregated and De-Identified Information
Playtag may generate and use aggregated or de-identified information that cannot reasonably be linked to an identifiable individual or customer for:
- service analytics;
- system monitoring;
- security;
- capacity planning;
- error detection;
- performance evaluation;
- billing verification; and
- product improvement.
Playtag will not attempt to reidentify properly de-identified information except to test whether de-identification is effective or as otherwise permitted by law.
Aggregated or de-identified information will not be used to train artificial-intelligence models where it was derived from Customer Data.
17. Third-Party Services and Content
The Services may use, integrate with, or link to third-party:
- cloud services;
- artificial-intelligence providers;
- video-processing systems;
- payment processors;
- authentication providers;
- analytics services;
- websites;
- software; or
- content.
Third-party services may be subject to separate terms and privacy policies.
Playtag does not control unaffiliated third-party services and is not responsible for:
- their availability;
- their content;
- their security;
- their independent processing practices; or
- losses caused solely by their acts or omissions,
except to the extent Playtag is legally responsible for selecting, instructing, or supervising the provider.
Your use of a third-party service is at your own risk and subject to the third party’s terms.
18. Intellectual Property Complaints
If you believe that Customer Data or other material available through the Services infringes your copyright or other intellectual-property rights, contact Playtag and provide:
- identification of the protected work;
- identification of the allegedly infringing material;
- information reasonably sufficient to locate the material;
- your name and contact information;
- a statement explaining the basis of your claim;
- a statement that the information provided is accurate; and
- evidence that you own the right or are authorized to act for the owner.
Playtag may remove or restrict access to material where reasonably necessary to investigate a credible claim or comply with applicable law.
Playtag may terminate Accounts of repeat infringers where appropriate.
19. Suspension and Termination
19.1 Term
These Terms begin when you first accept them or use the Services and continue until terminated.
19.2 Suspension by Playtag
Playtag may suspend, restrict, or disable access where reasonably necessary because:
- you violated these Terms;
- payment is overdue;
- your use presents a security risk;
- your use may harm another person;
- your use may subject Playtag to liability;
- you exceeded applicable limits;
- you used the Services fraudulently;
- a third-party provider requires suspension;
- suspension is required by law; or
- an emergency threatens the Services.
Where appropriate, Playtag will provide notice and a reasonable opportunity to cure.
Playtag may act immediately where delay could cause harm, legal exposure, security risk, or unauthorized disclosure.
19.3 Termination by You
You may stop using the Services at any time.
You may terminate your Account through available Account settings or by contacting Playtag.
Terminating an Account does not relieve you of payment obligations incurred before termination.
19.4 Termination by Playtag
Playtag may terminate these Terms or an Account if:
- you materially breach these Terms and fail to cure within a reasonable period after notice;
- your breach cannot reasonably be cured;
- you engage in fraud, abuse, or unlawful activity;
- continued service would violate law;
- you fail to pay Fees;
- you create a material security risk; or
- Playtag discontinues the Services.
For free, trial, or Beta Services, Playtag may terminate access at any time, subject to applicable law.
19.5 Effect of Termination
Upon termination:
- your license to use the Services ends;
- you must stop accessing the Services;
- unpaid Fees become due;
- access to Customer Data and Outputs may end; and
- you remain responsible for downloading or deleting information before termination where the Services permit.
Unless deletion is requested or required, Customer Data may continue to be retained as described in the Privacy Policy.
19.6 Survival
Provisions that by their nature should survive termination will survive, including provisions concerning:
- ownership;
- Customer Data licenses necessary for retained data;
- payment obligations;
- confidentiality;
- disclaimers;
- limitation of liability;
- indemnification;
- dispute resolution;
- and general legal terms.
20. Disclaimers
Some jurisdictions do not allow exclusion of certain warranties or consumer rights. In those jurisdictions, the following disclaimers apply only to the fullest extent permitted by law.
To the fullest extent permitted by applicable law, Playtag disclaims all express, implied, statutory, and collateral warranties, including warranties of:
- merchantability;
- satisfactory quality;
- fitness for a particular purpose;
- title;
- non-infringement;
- accuracy;
- reliability;
- completeness;
- security;
- availability;
- compatibility;
- uninterrupted operation;
- error-free operation; and
- results that meet your requirements.
Playtag does not warrant that:
- the Services will always be available;
- processing will be completed within a particular time;
- an Output will be accurate or complete;
- an Output will identify every relevant event;
- individuals will be correctly distinguished;
- Outputs will be unique;
- errors will be corrected;
- the Services will be compatible with every file or device; or
- the Services will satisfy requirements applicable to your industry.
The quality of an Output depends on the quality, completeness, and context of Customer Data and user instructions.
Artificial-intelligence and machine-learning systems are probabilistic. The same Customer Data may generate different Outputs at different times, and similar Customer Data may produce similar Outputs for different users.
Playtag is not responsible for a decision made solely by you or a third party based on an Output.
21. Limitation of Liability
21.1 Excluded Damages
To the fullest extent permitted by applicable law, neither Playtag nor its affiliates, officers, directors, employees, contractors, agents, licensors, or service providers will be liable for:
- indirect damages;
- incidental damages;
- consequential damages;
- special damages;
- exemplary damages;
- punitive damages;
- lost profits;
- lost revenue;
- lost business opportunities;
- loss of goodwill;
- loss of anticipated savings;
- loss or corruption of data;
- business interruption;
- replacement-service costs; or
- fines or penalties arising from your unlawful use,
whether based on contract, warranty, tort, negligence, strict liability, statute, or another legal theory, even if advised of the possibility.
21.2 Liability Cap
To the fullest extent permitted by applicable law, Playtag’s total aggregate liability arising out of or relating to:
- these Terms;
- the Services;
- an Order;
- Customer Data; or
- Outputs
will not exceed the greater of:
- the Fees you paid to Playtag for the Services giving rise to the claim during the 12 months immediately preceding the event giving rise to the claim; or
- USD $100 if you used only free Services.
The existence of multiple claims does not increase this limit.
21.3 Exceptions
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for:
- fraud;
- fraudulent misrepresentation;
- willful misconduct;
- gross negligence where it cannot be limited;
- death or personal injury caused by negligence where it cannot be limited; or
- violation of mandatory consumer rights.
21.4 Allocation of Risk
The limitations in this section reflect the allocation of risk between the parties and are a material basis of the Fees charged for the Services.
22. Indemnification
This section applies to the extent permitted by law and primarily to business, professional, institutional, and organizational users.
You will defend, indemnify, and hold harmless Playtag and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from third-party claims, damages, judgments, penalties, liabilities, costs, and reasonable legal fees arising from:
- your Customer Data;
- your use of the Services or Outputs;
- your violation of these Terms;
- your violation of applicable law;
- your violation of another person’s privacy, intellectual-property, publicity, confidentiality, or other rights;
- your failure to obtain required consent or authorization;
- a decision or action taken based on an Output; or
- use of your Account by an Authorized User.
Your indemnification obligation does not apply to the extent a claim was caused by Playtag’s breach of these Terms, willful misconduct, or infringement caused solely by unmodified Playtag Materials.
Playtag may assume control of the defense of a claim at its own expense. You will reasonably cooperate with the defense.
You may not settle a claim in a manner that admits wrongdoing by Playtag or imposes an obligation on Playtag without Playtag’s prior written consent.
23. Trade Controls and Sanctions
You must comply with applicable:
- export-control laws;
- import laws;
- economic sanctions;
- trade restrictions;
- anti-boycott laws; and
- anti-corruption laws,
including applicable laws of the Republic of Korea, the United States, and jurisdictions in which you access or use the Services.
You represent that:
- you are not prohibited from receiving the Services;
- you are not located in a jurisdiction where use is prohibited;
- you are not acting on behalf of a sanctioned or restricted person;
- you will not use the Services for prohibited military, weapons, intelligence, or proliferation activity; and
- you will obtain any required government authorization.
Playtag may restrict access where reasonably necessary to comply with applicable trade controls.
24. Governing Law and Dispute Resolution
24.1 Governing Law
Except where mandatory law provides otherwise, these Terms are governed by the laws of the Republic of Korea, without regard to conflict-of-law principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
24.2 Informal Resolution
Before filing a legal proceeding, the complaining party will provide written notice describing:
- the dispute;
- the relevant facts;
- the requested resolution; and
- available supporting information.
The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of the notice.
This requirement does not prevent either party from seeking urgent injunctive relief.
24.3 Jurisdiction
Except where mandatory consumer or other applicable law provides otherwise, the Seoul Central District Court in Seoul, Republic of Korea, will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services.
Each party consents to that jurisdiction and venue.
24.4 Injunctive Relief
Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened:
- unauthorized access;
- intellectual-property infringement;
- misuse of Confidential Information;
- security compromise; or
- other harm for which monetary damages would be inadequate.
24.5 Mandatory Local Rights
Nothing in these Terms deprives an individual consumer of mandatory rights or access to a court that cannot lawfully be waived under the laws of the individual’s country or place of residence.
25. General Provisions
25.1 Entire Agreement
These Terms, the Privacy Policy, applicable Orders, data processing agreements, service-level agreements, and incorporated policies constitute the entire agreement between you and Playtag regarding the Services.
They supersede prior or contemporaneous communications relating to the same subject matter.
25.2 Order of Precedence
Unless expressly stated otherwise, a conflict will be resolved in the following order:
- a signed Order;
- a data processing agreement;
- a service-level agreement;
- these Terms;
- the Privacy Policy; and
- other incorporated policies.
A document controls only for the subject matter it addresses.
25.3 Assignment
You may not assign or transfer these Terms without Playtag’s prior written consent.
Playtag may assign these Terms in connection with:
- a merger;
- acquisition;
- corporate reorganization;
- sale of assets;
- affiliate restructuring; or
- transfer of the Services.
An attempted assignment that violates this section is void.
25.4 Subcontractors
Playtag may use affiliates and subcontractors to provide the Services.
Playtag remains responsible for its contractual obligations to the extent required by applicable law and the applicable Order.
25.5 No Partnership
These Terms do not create a:
- partnership;
- joint venture;
- franchise;
- fiduciary relationship;
- employment relationship; or
- agency relationship
between you and Playtag.
Neither party may bind the other unless expressly authorized in writing.
25.6 No Third-Party Beneficiaries
Except as expressly stated, these Terms do not create rights for any third party.
25.7 Waiver
Failure to enforce a provision is not a waiver.
A waiver must be in writing and applies only to the specific instance for which it is given.
25.8 Severability
If a provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable or severed if modification is not possible.
The remaining provisions remain in effect.
25.9 Force Majeure
Playtag will not be liable for delay or failure caused by events beyond its reasonable control, including:
- internet or telecommunications failures;
- cloud-provider outages;
- utility failures;
- natural disasters;
- fire;
- flood;
- severe weather;
- pandemic;
- labor disputes;
- war;
- terrorism;
- civil unrest;
- government action;
- sanctions;
- supply shortages; or
- failure of an unaffiliated provider.
This section does not excuse payment obligations for Services already provided.
25.10 Notices
Playtag may provide notices through:
- the Services;
- your Account;
- email;
- an Order; or
- another reasonable electronic method.
You are responsible for keeping your contact information current.
Legal notices to Playtag must be sent to the contact information below.
25.11 Interpretation
Headings are for convenience only.
“Include” and “including” mean “including without limitation.”
The singular includes the plural and vice versa where appropriate.
25.12 English Language
These Terms are written in English.
Playtag may provide translations for convenience. Unless mandatory law requires otherwise, the English version controls in the event of a conflict.
25.13 Updates to Policies
Policies incorporated into these Terms may be updated as described in the applicable policy.
A material change will not retroactively reduce rights granted under a signed Order unless required by law or agreed by the parties.
26. Contact Us
Questions, legal notices, complaints, and concerns regarding these Terms may be directed to:
When contacting Playtag, please identify your Account or organization and provide sufficient information for us to understand and respond to your request.