Last updated: August 2019
1. Legal and Contact Information
- The Websites are operated by Picovoice Inc.a Canadian Incorporation registered at the Province of British Columbia, under number with headquarters at 450 SW Marine Dr Vancouver, BC V5X 0C3, Canada
- For any commercial inquiries, please get in touch directly at [email protected].
- For any legal requests or claims, please contact [email protected].
- console.picovoice.ai is hosted by Amazon Web Services, Inc., 410 Terry Avenue North Seattle, WA 98109-5210 United States Phone: +1-206-266-1000 Website: aws.amazon.com.
- Picovoice uses FormSpree (formspree.io) for retrieving and storing information submitted via contact form on our website
- Picovoice uses StreakCRM (streak.com) as CRM tool
- Picovoice uses Google Analytics (analytics.google.com) to monitor and analyze Websites traffic patterns
- “Additional Agreement” is any additional agreement between You and Picovoice involving the use of the Software and/or Service, including any agreement allowing for the commercial use of the Software and/or Service or non-disclosure agreement.
- “App” is a module for a use case that You or another User builds using the Console.
- “Console” is the web-based interactive development environment made available by Picovoice for the autonomous creation of Apps and Voice Interfaces.
- “Content” means any written, visual, recorded and/or electronic content created, shared and/or uploaded by You or other Users to the Website or shared with Picovoice directly. Content may include, inter alia, Data Sets, lists of Intents, Apps and information about Apps, and any suggestions, enhancement request, recommendation, correction, or other feedback.
- “Data Generation Services” means the Service whereby You may order Data Sets for a set of Intents. Picovoice will crowdsource Data Sets through a partner platform.
- “Data Set” means (i) the text queries that are used to train the language Model of the ASR engine and NLU engine, and/or (ii) the audio samples that are used to train the wake word engine or voice command engine destined for micro-controller integration. The Data Set can be provided by You, or by Picovoice in the context of Data Generation Services.
- “Documentation” means any usage guides, policies, presentations or other written information relating to the Software and/or Services made available by Picovoice.
- “Intents” are the classes of queries that a Voice Interface is configured to interpret. You can build Intents on the Console when you create an App.
- “License” means the license granted to You by Picovoice over the Software.
- “Model” means the set of parameterizable transformations between an input signal and a transformed signal and belonging to Picovoice.
- “Open Source Software” means the software subject to an open source license made available by Picovoice to You.
- “Parameters” means the features and weights as determined by the training of a Model on a Data Set and entered into the Platform.
- “Platform Binary Code” means the binary code of the Picovoice Platform generated by Picovoice.
- “Platform” is the software product provided by Picovoice in the form of the Platform Binary Code. The Platform is fed the Parameters to perform each of the tasks involved in the Voice Interface.
- “Service(s)” is a service available on the Console with the functionalities determined by Picovoice in its sole discretion.
- “Picovoice Trademark” means any name, trade name, word mark, logo, art, visual representation, color scheme, or other distinctive visual sign designating Picovoice.
- “Software” means any software Picovoice makes available for download from the Website or any other public source, free of charge or for a fee, including (i) Platform Binary Code, and/or (ii) Parameters. Software also includes any improvements, modifications, derivative works or updates to the aforementioned software made by You or a third party through Your use of the Service or as otherwise authorized by these Terms.
- “Third Party Technology” means any software, data and/or technology provided by a third party and made available by Picovoice and/or integrated into the Software and/or Service.
- “Voice Interface” means the software capable of detecting a Wake Word, transcribing an oral request into words, extracting the command or meaning from one or several words/sentences and having the ability to handle a dialog session for the purpose of controlling the functionality of a given device through voice. The Voice Interface is comprised of the Platform Binary Code and Parameters that are fed into the Platform.
- “Website” means picovoice.ai, console.picovoice.ai and/or any other website operated by Picovoice, subject to any specific terms that may apply to each website.
- “You” (or the “User”) means the user of the Console, as declared upon sign-up, or your employer in the event sign-up and use is undertaken on your employer's behalf.
- These Terms apply to Your use of:
- Any Software;
- Any Services;
- Any Website;
- Picovoice Trademarks.
- Additional Agreement. If You are party to an Additional Agreement with Picovoice, the terms of that Additional Agreement apply in addition to these Terms and prevail over any conflicting terms herein.
- Compliance with these Terms. Picovoice reserves the sole right and discretion to determine whether Your use of the Software, Services, Websites, Apps and/or Picovoice Trademarks complies with these Terms, and to terminate Your access in the event it determines that Your said use fails to do so.
4. Accepting these Terms
- Using the Service. In order to use the Software, Services and/or Websites, You must agree to the Terms when You initially sign-up on a Website. Any use of the Software, whether through the Website or not, is subject to the Terms contained herein, and shall be considered acceptance of the Terms.
- Legal restrictions. You may not use the Service and/or the Software and may not accept the Terms if You are under the age of eighteen (18) or if You are a person barred from using the Services and/or the Software under any law or contract with a third party. By accepting the Terms you represent that You are eighteen (18) years of age or older and that You are not using the Services and/or the Software in violation of any applicable law or contract with a third party.
- Professionals and Non-Professionals. As part of the sign-up process, You may be asked whether you intend to use the Services and/or Software in a professional or non-professional capacity. This information may be used to adapt the Service and our communications with You, and to enforce our rights with regards to the License. You represent that Your declaration is truthful and accurate and remains so throughout the period during which You use the Service and/or Software. Any false declarations may result in the revocation ab initio of Your right to use the Service and/or Software, including the License, upon written notice to You, and termination of Your access to the Service.
- Authority to Accept the Terms. You represent that You have full power, capacity, and authority to accept these Terms. If You are accepting the Terms on behalf of Your employer or another entity, You represent that You have full legal authority to bind Your employer or such entity to these Terms.
- Updates and Changes. Picovoice reserves the right to make changes to these Terms and/or the Service from time to time. When material changes are made to the Terms, Picovoice will notify You before the changes to the Terms take effect, and make an up-to-date copy of the Terms available on its website. Sometimes Picovoice will ask you to consent to material changes to the Terms. If the changes affect the License, they will apply to Your next deployment or download of the Software and/or the next release of the Software, whichever is earliest. You understand and agree that if You use the Service after the date on which the Terms have changed, Picovoice will treat Your use as acceptance of the updated Terms. If a change to these Terms is unacceptable to You, You may terminate this agreement by ceasing use of the Service.
5. Privacy and Personal Data
- Your Obligations. You are responsible as sole data controller for the collection, storage, use and any other processing of end-user personal data (as defined by the GDPR) in the context of Your use of the Service and/or Software, including if You integrate, combine, or otherwise use, or allow a third party to integrate, combine or otherwise use the Service and/or Software with any software or hardware under your control. You are responsible for complying with all applicable laws and regulations in relation thereto.
- Use of End-User Personal Data by Picovoice.
- Heartbeat. Picovoice may collect technical data strictly necessary for purposes of fraud prevention and detection (“Heartbeat Data”):
- If You use the Console, Heartbeat Data is collected by default.
- A Voice Interface may automatically store Heartbeat Data on the device on which it is embarked until it next connects to the Internet. If and when the device is connected to the Internet, the Heartbeat Data will be pushed to a Picovoice server.
- As Heartbeat Data, even if very limited, constitutes Your and/or Your end-users’ personal data, the GDPR applies. If You make a Voice Interface available to end-users, You are responsible for providing Your end-users with GDPR-compliant prior information about the automatic collection of their personal data through the Voice Interface for fraud prevention purposes. You understand that unless you opt-out of Heartbeat Data, You warrant that You will provide prior information to the end-users of any Voice Interface You make available to the public.
6. License and Intellectual Property Rights
- Permitted Use. You may use the Software and/or Service only for purposes that:
- are permitted by these Terms (including the License) or any contractual terms that apply to Your use of the Software;
- are permitted by the applicable law in any relevant jurisdiction or third-party contract; and
- comply with all applicable policies or guidelines made available by Picovoice at any time during Your use of the Service and/or Software, including on the Website or in the Documentation relating to the Software and/or Service.
- License. Picovoice grants You a worldwide, non-exclusive, revocable, non-transferable, royalty-free right, for the duration of the intellectual property rights concerned or until this License is terminated, to:
- integrate, install and/or use the Software on a device, other software (forming "Combined Software"), hardware platform and/or operating system, as the case may be, and all inherent rights thereto (including the right to reproduce, represent, adapt, and modify the Software), strictly for Non-Commercial Use;
- access and/or use the Service exclusively (i) as provided through the Website and (ii) in order to, as the case may be, create Intents, produce Data Sets, train Models, and/or produce Parameters strictly for Non-Commercial Use.
- Non-Commercial Use. Non-Commercial Use means use outside of a commercial product or service, regardless of whether such product or service is made available for free or for a cost. The Software and Service are free to use for individual developer projects, use in the context of an individual family home or school, academic research and experimentation, Software benchmarking (subject to the conditions stated below) and evaluation for up to three (3) months, and for any other use cases that do not result in use of the Service and/or Software in a pilot or production environment, whether within a company or as a distributed, advertized or branded product or service.
- Commercial Use. These Terms do not allow You to make any commercial use of the Service and/or Software. Commercial use is only permitted by prior written permission from Picovoice and is otherwise not a permitted use of the Service. The use of Picovoice Software for profit or promotion constitutes commercial use requiring a commercial license granted by Picovoice. You may use the Service and/or Software for the purpose of improving the Software for commercial use only if You have already acquired the adequate commercial license. Any commercial use of the Service and/or Software is permitted exclusively subject to and in accordance with an Additional Agreement between You and Picovoice. To obtain information about using Picovoice Software commercially, please contact us at [email protected].
- Additional License Terms. Additional license terms, including terms and conditions restricting or modifying the above License, may be included in an Additional Agreement between You and Picovoice.
- Audit and Enforcement. Any fraud or non-compliance with the License terms on Your part revealed by an audit or inspection or otherwise discovered by Picovoice shall constitute a material breach of these Terms. Any copies of the Software used for commercial purposes and not purchased by You shall be paid in full to Picovoice, with immediate effect, at the rate per copy determined by Picovoice, without prejudice to any other remedies available to Picovoice under applicable law. Picovoice may claim audit costs in the event an audit reveals non-compliance with the License terms.
- Disclaimers. Picovoice reserves all rights to the Software, Services, Data Sets, and/or Documentation not expressly granted herein. The License is granted to You personally and subject to full compliance with these Terms and any other applicable terms, as well as any general and specific developments, data, Data Sets, documents, distinctive signs, or materials owned by Picovoice and made available to You, including all related intellectual property rights therein.
- Open Source and Third Party Technology. Open Source Software is subject to and governed by the applicable license accompanying, linked to or embedded in such Open Source Software. Picovoice grants You a license to use the Open Source Software to the full extent permitted by the applicable open source license. Any Third Party Technology made available by Picovoice is subject to and governed by the applicable license made available by the third party provider.
- Third Parties. No third party is permitted to use the Service and/or Software on Your behalf without Picovoice prior written consent.
- Termination. Unauthorized copying of the Software, or failure to comply with this License, will result in automatic termination of the License, without prejudice to any other remedies available to Picovoice under applicable law.
- Data Sets. In consideration for and subject to the payment of the price of the Data Generation Services, Picovoice grants You the worldwide, non-exclusive, non-revocable, non-transferable right, for the duration of the intellectual property rights concerned, to use, incorporate, reproduce, represent, adapt, and modify any Data Sets generated through the Data Generation Services for any internal business purpose.
- Tools and Documentation. Nothing in these Terms shall result in any transfer of intellectual property rights over any of the tools, algorithms, Models, or source code used by Picovoice to customize, build, develop, configure, or otherwise provide the Software, Services and/or Documentation. If Documentation is provided with the Software and/or Services, You may copy and use the Documentation for Your own reference purposes only.
- Your Content. You grant Picovoice the worldwide, non-exclusive, non-revocable, royalty-free right, for the duration of the intellectual property rights concerned, to use, incorporate, reproduce, represent, adapt, and modify any Content for the purpose of improving its Software and/or Services and training its Models, at Picovoice sole discretion. This shall not allow Picovoice to make Your Content available for direct use by third parties otherwise than in the context of Your Published Apps.
- Benchmarking. You may not publicly disclose directly or through a third party the results of any comparative or compatibility testing, benchmarking, or evaluation (each, a "Benchmark") of the Software and/or Service, unless the disclosure includes all information necessary for Picovoice or a third party to replicate the Benchmark. If You conduct, or direct a third party to conduct, a Benchmark of the Software and/or Service and publicly disclose the results directly or through a third party, then Picovoice (or a Picovoice-directed third party) may conduct Benchmarks of any publicly available products or services provided by You and publicly disclose the results of any such Benchmark under the same conditions.
7. Trademark License
- Picovoice grants You a non-exclusive, worldwide, revocable, personal, non-transferable, non-assignable, non-sublicensable, royalty-free license to display the Picovoice Trademark solely for the purposes of promoting or advertising Your authorized use of the Software and/or Service in accordance with these Terms and/or fulfilling Your obligations under the Terms.
- In using the Picovoice Trademark, You will not:
- Remove any Picovoice Trademark contained in the Service and/or Software;
- display the Picovoice Trademark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Picovoice (other than Your use of the Service), or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of, Picovoice or its personnel;
- display the Picovoice Trademark in relation to Your use of the Service and/or Software if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under 21 years of age;
- display the Picovoice Trademark as the most prominent element in Your communication;
- display the Picovoice Trademark in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Picovoice;
- use the Picovoice Trademark to disparage Picovoice or the Software, Console, Platform, or Service;
- display the Picovoice Trademark in any way that violates any law or regulation; or
- remove, distort, or alter any element of the Picovoice Trademark (including squeezing, stretching, inverting, or discoloring).
- Except as stated in these Terms, nothing grants or will be deemed to grant You any right, title, or interest in the Picovoice Trademark. Your use of the Picovoice Trademark (including any goodwill associated with it) will inure to Picovoice’ benefit. During and after the Term, and to the maximum extent permitted by applicable law, You will not challenge or assist others to challenge the Picovoice Trademark (or its registration by Picovoice), and You will not attempt to register any trademark (including domain names) that are confusingly similar to the Picovoice Trademark in any way (including in sound, appearance, or spelling).
8. Terminating these Terms
- The Terms will continue to apply until terminated by either You or Picovoice.
- You may terminate Your legal agreement with Picovoice by ceasing use of the Software and/or Service at any time. To cease use of the Software, it is Your responsibility to delete all copies of the Software provided by or procured through Your use of the Service, directly or indirectly, and installed on any device. You do not need to specifically inform Picovoice when You stop using the Service.
- Picovoice reserves the right to terminate these Terms or discontinue the Service, or any portion or feature of the Service, for any reason and at any time without liability or other obligation to You.
- When the agreement between You and Picovoice is terminated, those Terms that by their nature are intended to continue indefinitely will continue to apply. These Terms will survive, and You are responsible for any use of the Software by a third party, where the Software was provided or made public by, or procured through Your use of the Service, directly or indirectly, while any copy of the Software remains in use.
9. Exclusion of Warranties and Liability
- Unless stated otherwise in an Additional Agreement, the Service and/or Software are not supported. You acknowledge that, to the extent permitted by law, the Service and/or Software are provided "as is" and "as available" without any warranty of any kind, whether express or implied, including the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and may be terminated at any time. In particular, Picovoice does not represent or warrant to You that the Service and/or Software will meet Your requirements, be uninterrupted, timely, secure, or error-free, accurate or reliable, or that defects in the operation or functionality of the Service and/or Software will be corrected. Any element obtained through the Service and/or Software is at Your own risk. No advice or information, whether oral or written, obtained by You from Picovoice or through the Service, Software, and/or Documentation will create any warranty not expressly stated in these Terms.
- To the extent permitted by law and except if You qualify as an EU consumer under EU law, Picovoice disclaims all obligation and liability under these Terms for any harm or damage arising out of or in connection with the Service and/or Software.
- You will defend and indemnify Picovoice and its affiliates, directors, officers, employees, strategic partners, licensors, and their suppliers (the "Indemnified Parties") against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
- Your alleged use of the Service and/or the Software in breach of the Terms, applicable policies, or applicable law, or in breach of a third party’s rights; or
- Your Apps and/or Content.
- You will cooperate as fully as reasonably required in the defense of any allegation or third-party legal proceeding. Picovoice reserves the right, at its own expense, to assume the exclusive control and defense of any indemnified matter.
- Either Party may assign any part of this agreement with full binding effect on its successors.
- Picovoice will not be considered to have waived any rights by not exercising (or delaying the exercise of) any of its rights under these Terms or the applicable law. A waiver will be effective only if Picovoice expressly states in writing signed by an authorized representative that Picovoice is waiving a specified Term.
- Picovoice affiliates and the Indemnified Parties are third-party beneficiaries to the Terms and are entitled to directly enforce, and rely on, any Terms that confer a right or benefit to them. There are no other third-party beneficiaries to the Terms.
- If any term (or part of a term) of these Terms is invalid, illegal or unenforceable, the rest of the Terms will remain in effect.
- You understand and agree that damages for improper use of the Service may be irreparable; therefore, Picovoice is entitled to seek equitable relief, including injunctions in any jurisdiction, in addition to all other remedies available.
- If these Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
- To the maximum extent permissible by law, all claims arising out of or relating to these Terms, the Software and/or the Service will be governed by Canadian law, excluding Canadian conflict of law rules, and will be litigated exclusively in Vancouver, British Columbia; You consent to personal jurisdiction in that court.