Terms of Use

By accessing or using our website or online services, creating an account, submitting a form, or placing an order, you agree to these Terms. If you do not agree, do not use them.

If you are agreeing on behalf of a company or other organisation, you represent that you have authority to bind it, and “you” means that organisation.

More than one agreement may apply to you at once. Where they conflict, the more specific one wins for the subject it covers:

• A signed order form, quote, or negotiated agreement controls over everything else, for the transaction it covers.
• The Hardware Product Sale Terms and Conditions control the sale, shipment, warranty, and use of hardware products.
• The Software License Agreement controls the SDK, libraries, tools, sample code, APIs, and firmware.
• A Security Review License, where we grant one, controls the access to source code or systems that it describes.
• These Terms control your use of our website, store, accounts, and online services, and fill any gap the agreements above leave.

We will provide a copy of any of these agreements on request, and we present the applicable ones for you to review and accept before you sign or place an order.

Our products and developer tools are commercial goods offered to businesses and organisations for use within their trade, business, or profession. They are not offered or sold to consumers, and they are not consumer products.

Nothing in these Terms takes away a right you have under a consumer protection law that applies to you and cannot be waived by agreement.

You must be at least 16 years old to use our online services, and old enough under the law where you live to enter into a binding contract. You must not use our services if we have previously terminated your access, or if sanctions or export control laws prohibit it.

You are responsible for the accuracy of the information you give us, for keeping your credentials, API keys, and tokens confidential, and for everything that happens under your account. Do not share an account between people, and tell us promptly if you suspect unauthorised use.

Access to some areas is granted per account and per feature, and we may add, narrow, or withdraw an entitlement. We may also disable or suspend an account — immediately and without notice where the circumstances call for it — if we believe it has been compromised, is being used in breach of these Terms, or presents a risk to us, our customers, or anyone else. A disabled or suspended account loses access at once and its active sessions are revoked.

You agree not to, and not to let anyone else:

• break the law, infringe anyone’s rights, or use our services to harass, defraud, or harm others
• reverse engineer, decompile, or disassemble our software, firmware, or products, or try to derive source code or underlying ideas from them, except where that restriction is unenforceable where you live
• copy, mirror, republish, rent, resell, sublicense, or distribute our software, documentation, or content except as we expressly permit
• circumvent or disable any security, authentication, licensing, signing, rate-limiting, or other technical measure
• introduce malware, or use our services to attack, disrupt, or gain unauthorised access to any system or account
• scrape, crawl, or use automated means to extract data or content beyond what our documented APIs and our robots directives allow, or otherwise place an unreasonable load on our systems
• exceed a published rate limit, or evade one by rotating accounts, keys, or addresses
• remove, alter, or obscure any copyright, trademark, patent, attribution, proprietary, or serial-number notice
• use our services to build or train a competing product, model, or service
• misrepresent your identity or affiliation, or impersonate us or anyone else

If you believe you have found a security vulnerability in our website, products, or firmware, tell us at contact@proception.ai and give us a reasonable opportunity to fix it before you disclose it publicly. We welcome these reports and we will not pursue legal action against research that is conducted in good faith, does not access or modify data belonging to anyone else, avoids degrading our services or anyone’s safety, and is reported promptly to us.

Testing outside those bounds — including denial of service, social engineering of our staff, physical intrusion, or accessing another customer’s data — is not authorised. If you need broader access for a formal review, ask us: that is what a Security Review License is for.

Our documentation, SDKs, sample code, firmware images, and APIs are provided to help you build with our products. Their use is governed by the Software License Agreement, and by any additional terms presented with a specific download or release channel; those terms control over this section for the materials they cover.

API keys and access tokens identify you and are yours to safeguard. We log API usage, may apply and change rate limits and quotas, and may throttle, suspend, or revoke access that threatens the stability or security of our systems. Pre-release channels are unstable by design and may change or disappear without notice.

We publish firmware and software updates, and devices may check for and download them automatically. Updates may add, change, or remove functionality, and some are required to keep a product secure, supported, or compliant. Installing only signed firmware we publish, through the mechanisms we provide, is a condition of support and of any warranty; running modified or unsigned firmware is at your own risk and may make a unit unserviceable.

We are not obliged to provide updates, support, or backward compatibility indefinitely, and a product or software version may reach end of support.

Product listings, quotes, and availability are invitations to order, not offers. An order becomes binding only when we accept it in writing — by confirming the order, accepting a quote, or issuing an invoice. We may decline or cancel an order, or limit quantities, including after an acknowledgement, for reasons that include unavailability, a pricing or description error, suspected fraud, a credit concern, or an export or sanctions restriction. If we cancel an order you have already paid for, we refund it.

Some products are sold only under a signed agreement, after qualification, or in defined regions.

Prices are those stated in the applicable listing, quote, or invoice, and may change at any time before we accept an order. Unless stated otherwise, prices exclude taxes, duties, shipping, insurance, and handling, all of which are yours to pay.

Payment is due on the terms of the invoice. Card payments are handled by our payment processor; we do not receive or store full card numbers, and your use of checkout is also subject to the processor’s terms. Late amounts accrue interest at the lower of 1.5% per month or the maximum the law allows, and you may not withhold or set off any amount against what you owe us.

Shipping dates and lead times are estimates, not commitments, and we do not guarantee a delivery date. Delivery terms, transfer of title, and passing of risk are set by your purchase agreement. Partial shipments are permitted.

All sales are final. Products are not returnable except under a valid claim within a limited warranty we have offered in writing, and returns require our authorisation before you ship anything back.

You agree that we may communicate with you electronically, and that agreements you accept or sign electronically through our services — by typing your name, clicking to accept, or drawing a signature — are as binding as a handwritten signature on paper. We keep a record of what you signed, which version, and when, and we make a copy available to you. If you would rather sign on paper, ask us.

You keep ownership of the files, messages, and other content you send us. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process, and display it as needed to provide and improve our services, support you, and comply with the law. You are responsible for having the rights to whatever you send, and for not sending anything unlawful, infringing, or confidential to someone else.

Feedback is different. If you send us a suggestion, feature request, bug report, or other feedback, we may use it without restriction, obligation, attribution, or payment. Do not send us feedback you are not free to give away.

If you apply for a role, you confirm the information you give us is accurate and that you are free to share it. We handle application materials as described in our Privacy Policy, including the automated review explained there. Applying creates no employment relationship and no offer.

Specifications, figures, renderings, images, roadmaps, and performance numbers on our website and in our documentation are preliminary, provided for general information, and subject to change without notice. They are not a warranty, a commitment, or a promise that any feature will ship. Product photography may show prototypes or configurations that differ from what we deliver. Where a specification matters to you, get it in your order documents.

Our services and everything in them — software, firmware, designs, text, images, video, documentation, and trademarks — belong to us or our licensors and are protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our website and online services for your own lawful business purposes, and to download and use our documentation to work with our products. Every other right is reserved.

“Proception”, our logos, and our product names are our trademarks. Do not use them without our written permission, except to refer accurately to our products.

Third-party and open-source components included in our software are licensed under their own terms, which control for those components. We provide the applicable notices with the software.

Our services link to and rely on third parties — payment processing, hosting, carriers, code hosting, and others. We do not control them and are not responsible for their content, policies, or practices. Your use of them is at your own risk and subject to their terms.

If you believe material on our services infringes your copyright, write to contact@proception.ai with “Copyright” in the subject line. Identify the work, identify the material and where it is, give us your contact details, and include a statement that you have a good-faith belief the use is unauthorised and that the information in your notice is accurate. We will investigate and remove infringing material. Knowingly submitting a false claim carries liability.

We may change, suspend, deprecate, or discontinue any part of our website, store, accounts, documentation, SDKs, or APIs at any time, with or without notice. We aim to give reasonable notice before removing something people depend on, but we do not commit to it.

No uptime commitment, availability target, response time, or other service level applies to our online services unless we have agreed one with you in a signed document that says so explicitly.

Our website and online services are provided “as is” and “as available”, with all faults and without warranty of any kind. To the maximum extent the law allows, we disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that our services will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that they will meet your requirements. Any warranty for a hardware product or licensed software is only the one stated in the agreement covering it.

To the maximum extent the law allows, neither we nor our affiliates, suppliers, or licensors will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, use, or business interruption, arising out of or relating to these Terms or our online services, under any theory of liability, even if we were advised of the possibility and even if a remedy fails of its essential purpose.

Our total aggregate liability arising out of or relating to these Terms and our online services will not exceed the greater of the amount you paid us for the service giving rise to the claim in the twelve months before the event, or one hundred United States dollars. Liability arising from a hardware purchase or a software licence is capped by the agreement covering it, not by this section.

These limits do not apply to liability that cannot be excluded or limited by law. You acknowledge that our pricing reflects this allocation of risk and that these limits are an essential basis of our agreement.

You will defend, indemnify, and hold harmless Proception and its affiliates, officers, directors, employees, and agents from and against any claim, damage, liability, cost, or expense, including reasonable legal fees, arising out of your use of our services, the content you submit, your data practices, or your breach of these Terms or of any law.

You may stop using our services at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if we are required to, or if we need to protect our services or anyone else. Termination does not affect an accepted order or a signed agreement, each of which ends on its own terms. Sections that by their nature should survive — including 14 (feedback), 17, 19, 21, 22, 23, 25, 26, and 27 — continue after termination.

Our products, software, and technical data are subject to United States and other export control and sanctions laws. You will comply with them, and you will not download, use, export, re-export, or transfer anything you obtain from us to an embargoed or restricted destination, to a restricted party, or for a prohibited end use, including any use in weapons of mass destruction. You represent that you are not located in an embargoed jurisdiction and are not a restricted party.

These Terms, and any dispute arising out of your use of our website and online services, are governed by the laws of the State of California, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. The state and federal courts located in Santa Clara County, California have exclusive jurisdiction, and you consent to personal jurisdiction there.

Before filing anything, please write to us at contact@proception.ai and describe the problem: most disputes are settled faster that way, and we will try to resolve it with you within 30 days. Any claim relating to these Terms or our online services must be brought within one year after it arises, or it is permanently barred, except where the law does not allow that limit.

We may update these Terms as our services change. We will revise the “Last updated” date at the top of this page, and give notice of a material change through our website or by email before it takes effect. Continuing to use our services after that means you accept the updated Terms; if you do not accept them, stop using the services.

You may not assign or transfer these Terms, including by merger or change of control, without our written consent, and any attempt to do so is void. We may assign them freely, including in connection with financing, a merger, an acquisition, a reorganisation, or a sale of assets.

We are not liable for a delay or failure caused by something beyond our reasonable control, including supply chain disruption, component shortage, labour action, natural events, network failure, and governmental action. We are independent parties; these Terms create no partnership, agency, employment, or joint venture. If a provision is unenforceable, it is limited or severed to the minimum extent necessary and the rest stays in force. Our failure to enforce a provision is not a waiver of it, and no waiver is effective unless in writing. These Terms, together with the agreements listed in section 2 and our Privacy Policy, are the entire agreement between us about our online services. Notices to us should go to the address below; we may give you notice by email or by posting on our website.

Questions about these Terms: contact@proception.ai. By post: Proception, Inc., Mountain View, CA 94043, United States.