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Legal

Terms of Service

These Terms of Service (“Terms”) govern access to and use of Guardian AI, provided by OculAI. By using the Service you agree to these Terms.

Effective date: [Effective date]·Last updated: [Last updated]

1. Agreement to these Terms

These Terms are a binding agreement between [OculAI legal entity name, e.g. OculAI (Pty) Ltd] (“OculAI”, “we”, “us”) and the entity or person accessing the Service (“Customer”, “you”). If you accept these Terms on behalf of an organization, you represent that you are authorized to bind that organization. Where a separate signed agreement or order form exists between you and OculAI, that agreement controls to the extent of any conflict.

2. Definitions

  • Service — the Guardian AI website, dashboard, APIs, detection models, and related features.
  • Customer Data — content and data you or your end-users submit to the Service for moderation, and the results generated from it.
  • End-User — a creator, viewer, or participant on your platform whose content is processed.
  • Documentation — our integration and usage guides.

3. The Service

Guardian AI provides AI-assisted detection across live streams, chat, and uploads, together with a moderator review queue, alerting, and compliance tooling. The Service is decision-support, not a guarantee. AI detection is probabilistic: it will not identify every violation, and it will sometimes flag content that is not a violation. Final moderation decisions and any enforcement, publication, or removal actions are the Customer's responsibility and must involve appropriate human review. We may update, improve, or modify features over time.

4. Accounts, credentials & security

  • You must provide accurate account information and keep it current.
  • You are responsible for safeguarding login credentials, API keys, and webhook secrets, and for all activity under your account.
  • Notify us promptly of any unauthorized access or suspected compromise.
  • You are responsible for your users' and moderators' compliance with these Terms.

5. Customer responsibilities & lawful basis

  • You must have all rights, consents, and a lawful basis necessary to submit Customer Data to the Service and to have it processed for moderation.
  • You are responsible for your own regulatory obligations — including age-verification, record-keeping (e.g., performer records where applicable), payment-processor requirements, and applicable online-safety and data-protection laws.
  • You are responsible for configuring detection thresholds and content policies appropriately, and for the moderation decisions your team makes using the Service.
  • You must provide notice to your End-Users of moderation as required by law.

6. Acceptable use

You will not, and will not permit anyone to:

  • use the Service to create, host, distribute, or solicit unlawful content, including CSAM, except insofar as the Service is used in good faith to detect, review, preserve, and report such content;
  • use the Service to unlawfully surveil, harass, or violate the rights of any person;
  • reverse-engineer, resell, or provide the Service to third parties except as expressly permitted;
  • interfere with or circumvent the security, rate limits, or integrity of the Service;
  • use the Service to build a competing product, or to misrepresent its outputs as guarantees.

7. Ownership & licenses

Your data. As between the parties, you own Customer Data. You grant us a limited, worldwide license to host, process, and transmit Customer Data solely to provide, secure, and support the Service and to meet legal obligations.

Our IP. We own the Service, our software, models, and all related intellectual property. No rights are granted except as expressly stated.

Service data. We may generate aggregated, de-identified statistics about use of the Service (that do not identify you or any End-User) to operate and improve our products.

8. Data protection

Our handling of personal data is described in our Privacy Policy. Where we process End-User personal data on your behalf, we do so as your processor / service provider. A Data Processing Addendum is available and, where applicable, forms part of these Terms.

9. Mandatory reporting & cooperation with authorities

You acknowledge that the Service is designed to detect suspected child-safety violations, and that we and/or you may be legally required to preserve and report such content (including to NCMEC and law enforcement). You agree not to interfere with, and to cooperate with, these obligations. Legally-required preservation and reporting take precedence over deletion or return of the affected data.

10. Fees & billing

  • Fees are set out in your plan or order form and are billed on the stated cycle. Unless stated otherwise, fees are non-refundable and exclusive of taxes, which you are responsible for.
  • We may change pricing on renewal with prior notice. Overage or usage-based charges, if any, apply as described in your plan.
  • Late or failed payment may result in suspension after reasonable notice.

11. Beta & evolving features

Features identified as beta, preview, or evaluation are provided “as is”, may change or be withdrawn, and are excluded from any service commitments.

12. Third-party services

The Service relies on third-party infrastructure and model providers (see the Privacy Policy sub-processor list). We are not responsible for third-party services outside our control, and their terms may apply to the extent you interact with them directly.

13. Confidentiality

Each party may access the other's confidential information. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and advisors bound by confidentiality, or as required by law.

14. Disclaimers

The Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. OculAI does not warrant that the Service will be uninterrupted or error-free, or that detection will identify all violations or be free of false positives or false negatives. The Customer is solely responsible for its moderation decisions and for compliance with laws applicable to its platform.

15. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Service. Except for the excluded claims below, each party's total aggregate liability arising out of or relating to these Terms will not exceed the fees paid or payable by the Customer to OculAI in the twelve (12) months preceding the event giving rise to the claim.

These limits do not apply to: a party's liability for its own fraud, gross negligence, or willful misconduct; the Customer's payment obligations; or a party's indemnification obligations — in each case to the extent such exclusions are not permitted by law.

16. Indemnification

You will defend and indemnify OculAI against third-party claims and resulting losses arising from: (a) Customer Data; (b) your use of the Service in violation of these Terms or applicable law; or (c) your platform, moderation decisions, or enforcement actions. We will defend and indemnify you against third-party claims that the Service, as provided by us, infringes that third party's intellectual-property rights, excluding claims arising from Customer Data or unauthorized use.

17. Term, suspension & termination

  • These Terms apply while you use the Service or have an active plan.
  • We may suspend access to address a material security risk, legal requirement, non-payment, or breach, with notice where practicable.
  • Either party may terminate for material breach not cured within a reasonable period, or as set out in an order form.
  • On termination, your right to use the Service ends. We will make Customer Data available for export for a limited period and then delete it, except data we must retain by law (see §9).

18. Changes to the Service or Terms

We may modify these Terms. For material changes we will provide reasonable notice (for example, by posting an updated version with a new date or notifying Customer administrators). Continued use after changes take effect constitutes acceptance.

19. Governing law & disputes

These Terms are governed by the laws of [Governing jurisdiction — country / state], without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located in [Governing jurisdiction — country / state], unless a signed agreement specifies arbitration or another venue.

20. Miscellaneous

  • Entire agreement. These Terms (with any order form, DPA, and the Privacy Policy) are the entire agreement between the parties on this subject.
  • Assignment. You may not assign these Terms without our consent, except to a successor in a merger or asset sale; we may assign to an affiliate or successor.
  • Severability & waiver. If any provision is unenforceable, the rest remains in effect; failure to enforce is not a waiver.
  • Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
  • Notices. Legal notices to us should be sent to [legal@your-domain.com].

21. Contact

[OculAI legal entity name, e.g. OculAI (Pty) Ltd]
[Registered business address], [Governing jurisdiction — country / state]
[legal@your-domain.com]

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