Terms and Conditions

Voyant (“Voyant Media Solutions Inc.”, “we”, “us” or “our”) is excited that you have decided to access Voyant website (the “Website”), Voyant Application Programing Interfaces (APIs), Voyant online services, Voyant Software Development Kits (SDKs) solely or collectively known as “Services” or “Services”.

We provide our Services to you subject to the following terms and conditions (“Terms”), which may be changed or updated from time to time without any previous notice to you or your representatives or end users. You acknowledge that you have read, understood, and agree to be bound by, these Terms and our Privacy Policy as well those Terms and Privacy Policy of our partners, suppliers and third party services incorporated in our Services including any updates posted here or otherwise communicated to you. If you do not agree to the Terms and the Privacy Policy, please do not use our Services.

  1. Description and Use of Services:
  2. Voyant aims at leveraging computer vision and machine learning to offer you various object tracking solutions applied to videos.

    We provide our Clients, Website Visitors and Registered Users with access to our Services. Visitors are people who don’t register to use our Services. Registered Users are people who need to register in order to access our whole or partial Services. Registered Users can access the same Services of those accessible by the Visitors, but the Registered Users require a Login in order to access the additional Services that are not available to Visitors.

    We are under no obligation to accept any individual or Corporate as a Registered User and may accept or reject any registration in our sole and complete discretion. We reserve the right to suspend or terminate your account shall the Terms and Privacy Policy are not followed and respected and we have the right to suspend or terminate your account by having a reasonable ground to do so without any notice.

  3. General Guidelines
  4. You agree to comply with the following rules and guidelines:

    • You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services;
    • No Automated Queries; No Harvesting. You may not access, download, monitor, or copy any information or content contained on or in the Services through automated or artificial means (including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any content or information through any means;
    • You will not use the Services for unlawful purposes;
    • You will not access and use the Services to collect any business and/or technical insights, to gather best practices and business models about our Services, or to conduct market research and business analysis for a competing business;
    • You will not access and use the Services for your personal interest or the one of third parties to: train, tune, enhance, adjust, improve or correct computer algorithms, software, computer code or algorithms.
    • You will not upload, post, e-mail, transmit, or otherwise make available any content that: Infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
    • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • You will provide accurate, true, complete and current information when you register as a Registered User.
    • You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.
    • You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security that is related to the use of our Services.
    • You agree to not allow third parties to user your personal Registered User account to access our Services.
    • You agree to respect all applicable copyright, Terms and Privacy Policy of our partners, suppliers, vendors and third parties with whom we are doing business and our Services rely wholly and/or partially on them.
    • You agree that you are the exclusive owner of all rights to your submissions and recorded videos that Voyant analyses or processes. You represent and warrant that you will submit or link to any user submissions or material that infringes, misappropriates or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state or local law, rule or regulation.

  5. Third Party Materials and Services
  6. Voyant Services may contain or use third party materials or services (Third-Party Services) such as but not limited to: software, APIs, data hosting, cloud computing, etc. ("Third Party Services"). These Third-Party Services are not owned or controlled by Voyant by they are used to enable Voyant to operate and deliver its Services to you.

  7. Limitation of Liability
  8. IN NO EVENT WILL VOYANT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST OF COVER, LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, VOYANT, VOYANT PARTNERS, VOYANT VENDORS, SERVICE PROVIDERS OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT VOYANT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE VOYANT ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRIVACY POLICY, THE SERVICES, AND YOUR USE OF, OR TRANSACTIONS WITH, VOYANT, SERVICE PROVIDERS OR OTHER THIRD PARTIES EXCEED THE LESSER OF (A) THE AMOUNT YOU HAVE PAID TO VOYANT FOR USE OF THE APPLICABLE SERVICES IN THE PRECEDING TWELVE MONTH PERIOD OR (B) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO VOYANT, TWENTY CANADIAN DOLLARS.

    ANY CLAIMS RELATING TO USE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION AROSE. CLAIMS BROUGHT AFTER SUCH PERIOD WILL BE VOID.

  9. Indemnification
  10. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS VOYANT FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LOSSES, OBLIGATIONS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) DUE TO OR ARISING OUT OF (A) YOUR ACCESS TO OR USE OF THE SERVICES, (B) YOUR USE OF, OR TRANSACTIONS WITH, VOYANT, SERVICE PROVIDERS OR OTHER THIRD PARTIES, OR (C) ANY OTHER VIOLATION BY YOU OF ANY OF THESE TERMS. VOYANT RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH VOYANT IN ASSERTING ANY AVAILABLE DEFENSES.

  11. Termination
  12. We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to suspend or terminate your access to and use of the Services, in whole or in part, and to block or prevent your future access to and use of the Services, for any at any time and for any reason (including but not limited to those specifically described in these Terms).

  13. Disputes & Governing Law
  14. THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY.

    IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN COURTS OF COMPETENT JURISDICTION LOCATED IN MONTREAL, QUEBEC, CANADA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.

  15. Notification of Possible Copyright Infringement
  16. In case of Possible Copyright Infringement, please contact us.