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Visual Assets Consent, Waiver and Release Form

Version: 2026-02-23 · Download PDF

This Photo Consent, Waiver and Release Form ("Form") is signed by the undersigned contributor ("Contributor") to grant DataPlus LLC, a company incorporated under the laws of Delaware ("Company") a License to use certain Visual Assets (both terms as further defined below).

The Contributor hereby agrees, represents, and warrants as follows:

• To submit or otherwise make available to the Company photographs, images or other visual assets, captions, Metadata (as defined in the Terms) and any part thereof ("Visual Assets").
• To authorize and grant to the Company the right and permission to use, store, host, reproduce, modify, make derivative works from, make available to third-parties, and otherwise exploit the Visual Assets and Contributor Metadata for commercial purposes, including: (a) developing, training, fine-tuning, testing, evaluating, deploying, operating and improving AI and Visual Models, and (b) generating, using, commercializing, licensing, providing, distributing and supporting Synthetic Data and AI Outputs derived from or informed by the Visual Assets (the "License"). Such License shall be perpetual, irrevocable, worldwide, transferable, sublicensable, and royalty-free.
• That neither the Visual Assets, nor Company's use thereof, shall infringe upon any third party's rights, including proprietary or privacy rights.
• That he/she is over eighteen (18) years of age and competent to contract in this Form.
• That any Contributor Metadata provided by the Contributor to Company, is and will remain truthful, accurate and complete, and Contributor shall promptly update such data to ensure it remains so. Such Contributor Metadata shall be subject to and used in accordance with and for the purposes set forth in Section 3 of the License and the applicable terms set forth in the Form and the Terms.

The Contributor acknowledges that the authorized uses may include alterations, synthesized or generated content, and uses that may be objectionable to Contributor. Nevertheless, to the maximum extent permitted by applicable law, Contributor waives and releases any claims against the Company and its affiliates, customers and other third parties acting under rights granted by the Company, arising out of or relating to any use of the Visual Assets as authorized under the License.

In consideration of the opportunity to participate in the Company's contributor program and any compensation that may be provided as described in Section 5 of the Terms, the Contributor hereby agrees to grant the License and make the representations set forth in this Form.

This Form is subject to, and incorporates by reference, the Company's Photo Contributor Terms and Conditions attached as Exhibit A ("Terms"). Capitalized terms used but not defined in this Form have the meanings given to them in the Terms. Contributor agrees to be bound by the Terms. Contributor acknowledges that the Company may update the Terms from time to time, and that any such updates will apply as described in the Terms.

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Exhibit A — Visual Assets Contributor Terms and Conditions

These Visual Assets Contributor Terms and Conditions ("Terms") govern DataPlus LLC's ("Company") use of photographs, images or other visual assets, captions, and any part thereof ("Visual Assets") submitted or otherwise made available to the Company by or on behalf of a contributor ("Contributor") under the Visual Assets Consent, Waiver and Release Form ("Form").

• Definitions. In these Terms:

  "AI" means a computer system designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment that, for explicit or implicit objectives, infers from the Input it receives how to generate Outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. This includes tools that use machine learning, deep learning, generative AI, large language models (LLMs), and other forms of natural language processing (NLP). "AI Outputs" means any content, data, media, or results generated by or through AI models, products, or services.

  "Contributor Metadata" means any information or data provided by the Contributor to the Company, whether through onboarding, profile, intake processes or otherwise, including but not limited to age, gender, height, weight, ethnic background, geographic location, and other physical attributes such as body tattoos or scars.

  "Database" means the Company's aggregated and curated repository of Visual Assets, data, and annotations made available to the Company's affiliates, customers and partners under the Company's then-applicable customer terms or commercial agreements.

  "License" means the rights and permissions granted by Contributor to the Company under the Form and these Terms with respect to the Visual Assets.

  "Personal Data" means information that is defined as personal data under applicable law, excluding the Visual Assets. This includes information that identifies individuals directly or indirectly, including unique identifiers, other than the Visual Assets and information contained therein.

  "Synthetic Data" means data generated by or through AI models that is derived from or informed by the Visual Assets and that does not constitute the raw unmodified Visual Assets.

  "Visual Model" means any AI model or model component (including any fine-tuned model, embedding space, checkpoint, or other representation) trained on, derived from, or informed by the Visual Assets or the Synthetic Data that is capable of generating or analyzing visual content, including content identical or substantially similar to the Visual Assets.

• Contributor retains ownership in the Visual Assets, subject to the License. The License shall not grant the Company the right to use Contributor's Personal Data (including Contributor's name, voice, biography, or similar identifying information) except to the extent such Personal Data is contained in Contributor Metdadata and for the Permitted Purposes (as defined in Section 4). Without limiting the foregoing, the Company may process Personal Data as required by law or to maintain the availability and operation of the Database.
• Contributor provides explicit, informed consent to the collection and processing of Contributor Metadata (including special category and biometric data) for the following purposes (the "Permitted Purposes"): (a) creating, curating, labeling and sub-licensing the Database; (b) developing, training, fine-tuning, testing, evaluating, deploying, operating, and improving AI and/or Visual Models; (c) generating, using, commercializing, licensing, providing, distributing, and supporting Synthetic Data and AI Outputs derived from or informed by the Visual Assets or Contributor Metadata, including the creation and commercialization of virtual models, digital humans or avatars derived from or informed by the Visual Assets or Contributor Metadata; and (d) engaging third-party service providers to process, store, host, or otherwise handle the Visual Assets and Contributor Metadata in connection with the purposes described herein. Contributor may withdraw such consent by contacting Company at support@dataplus.ai, in which case Company shall cease its use of the Contributor Metadata. However, this will not affect processing or use of the Photos by the Company or third-parties that occurred before the withdrawal of consent, and Contributor shall waive any claims and entitlements, including for consideration as set forth in Section 4.
• The Contributor may be eligible for compensation for the provision of the License, payable only if, and to the extent, the Company enters into a revenue-bearing agreement for access to the Database, and the Company actually receives net revenues. The Company shall provide Contributor with a reasonable compensation structure based on objective criteria, which may include factors such as the number of Visual Assets contributed, their usage, and revenue generated. The Company may modify the compensation structure upon thirty (30) days' prior written notice to Contributor, provided that such modifications shall apply only to Visual Assets submitted after the effective date of the modification. Payment (if any) is contingent upon Contributor's compliance with the Form and the Terms. The Company may, at its discretion, make payments through the use of blockchain technology or other digital payment methods. Contributor is responsible for all taxes, fees, and charges applicable to any amounts paid, and the Company may withhold or offset amounts as required by law. Contributor shall not be entitled to any additional compensation beyond the compensation expressly described in this Section. Contributor acknowledges that there is no guarantee of compensation, and that submission of Visual Assets does not create any expectation of payment.
• As between Contributor and the Company, the Company exclusively owns all right, title, and interest in and to: (a) AI Outputs; (b) Synthetic Data; (c) Visual Models; (d) Databases; and (e) any models, systems, datasets, software, algorithms, tools, or other technology, products or services developed, trained, or used by or for the Company or third-parties in connection with the Visual Assets, including any improvements or modifications thereto. Contributor hereby waives any moral rights, droit moral, or similar rights in the Visual Assets, including any right of attribution or integrity.
• The Contributor shall defend, indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against any third-party claim, demand, action, or investigation arising out of or relating to: (a) any allegation that the Visual Assets, as originally submitted by Contributor and prior to any modification by Company, are infringing, misappropriating, or violating any intellectual property, publicity, privacy, or other proprietary right; (b) Contributor's material breach of the Terms; or (c) Contributor's fraud, willful misconduct or violation of applicable law. The Company may, at its option, control the defense and settlement of any matter indemnified hereunder, and the Contributor shall reasonably cooperate at Contributor's expense. Company shall provide prompt written notice of any such claim and shall not settle any claim without Contributor's prior written consent, which shall not be unreasonably withheld.
• DISCLAIMER: (a) the Company does not monitor, moderate, review, verify, or control AI Outputs and Visual Models or how they are developed, accessed, modified, combined, distributed, or otherwise used by customers or other third parties, including for uses that may be illegal, harmful, infringing, defamatory, harassing, deceptive, invasive of privacy or publicity rights, violate intellectual property or other rights, impersonate others, or are deemed high-risk under law or industry standards; (b) unless expressly stated herein, Contributor shall have no right to information about, approval of, consultation on, or ownership of or any other control over Visual Models, AI Outputs, or their use by the Company, its customers, or any third party; (c) to the fullest extent permitted by applicable law, the Company disclaims all responsibility and liability for any claims, damages, penalties, losses, costs, or expenses (including lost profits, loss of business, or reputational harm) arising out of or relating to Visual Models, AI Outputs or their use or misuse by customers or other third parties; and (d) The Company has no obligation to use Visual Assets, and no obligation to credit or attribute Contributor or any other person in connection with any use of the Visual Assets, Synthetic Data, Visual Models or AI Outputs.
• The Company may update these Terms from time to time upon thirty (30) days' prior written notice to Contributor. Updates will be effective as of the date specified in the notice and will apply prospectively to Visual Assets submitted after the effective date. The License granted before an update will not be reduced or limited by any update. If Contributor does not agree to any update, Contributor may cease submitting Photos, but the License for previously submitted Visual Assets shall remain in effect. Contributor hereby waives any moral rights, droit moral, or similar rights in the Visual Assets, including any right of attribution or integrity.
• Governing Law; Dispute Resolution. These Terms and the Form shall be governed by and construed in accordance with the laws of the State of Delaware and the federal laws of the United States, without regard to conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms, the Form, or the Visual Assets shall be resolved by binding arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Delaware. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in the state or federal courts located in Delaware to protect its intellectual property rights or confidential information.

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DataPlus LLC Privacy Notice

Last updated: 02/23/2026 · Download PDF

We at DataPlus LLC ("Company", "us", "we", or "our") recognize and respect the importance of maintaining the privacy of visitors to our website and users of our platform. This Privacy Notice (the "Notice") describes the types of information we collect from you when you register to our website ("Site") and/or mobile application (the "App") and/or grant us a License to the Visual Assets. This Notice is tied to and designed to be read together with our Terms of Service, available at https://dataplus.ai/terms-and-conditions/ ("Terms") and the Visual Assets Consent, Waiver and Release Form (the "Form"), available at www.dataplus.ai/datadrop//consent. Unless otherwise defined herein, capitalized terms have the meaning ascribed to them in the Terms and Form. This Notice also explains how we process, transfer, store, and disclose the information collected, as well as your ability to control certain uses of the collected information. "You" means the "Contributor".

If you are an individual located in the European Union ("EU Individual"), some additional terms and rights may apply to you, as detailed herein. DataPlus LLC is the data controller in respect of the processing activities outlined in this Notice.

"Personal Data" means any information that refers to, is related to, or is associated with an identified or identifiable individual, or as otherwise may be defined by applicable law. This Notice details which Personal Data is collected by us in connection with the provision of License and use of the App and Site.

Notice Key Points

The key points listed below are presented in further detail throughout this Notice. You can click on the headers in this section to find out more information about any topic. These key points do not substitute the full Notice.

• Personal Data We Collect, Uses and Legal Basis. We collect Personal Data that you provide to us, such as your contact information and Contributor Metadata (including your age, gender, and physical attributes). We also collect certain Personal Data automatically when you use the Site and App, such as device information and usage analytics. We use your Personal Data to create and sublicense our Database, train AI models, and for other Permitted Purposes as set forth in the Form. These processing activities are based on your explicit consent, the performance of a contract, and our legitimate interests.
• Additional Uses. We may compile statistical information based on aggregated data we collect to help us understand customer needs and improve our Services. In addition, we may use certain Personal Data for direct marketing purposes.
• Artificial Intelligence. We process Visual Assets and Contributor Metadata using AI technologies for the Permitted Purposes, including to develop, train, test, and improve AI and Visual Models.
• Sharing the Personal Data We Collect. We may share Personal Data with our service providers who assist us in operating our platform. We also make the Database, which contains Visual Assets and Contributor Metadata, available to our affiliates, customers, and partners for the Permitted Purposes.
• International Transfers. If we transfer your Personal Data to service providers located in countries other than your own, we will do so in accordance with applicable law.
• Security. We implement measures aimed at protecting your Personal Data, but these measures do not provide absolute information security. Such measures include physical, electronic, and procedural safeguards, such as secure servers, firewalls, antivirus and SSL encryption, access control, audit logging, and other internal security policies.
• Your Rights — How to Access and Limit Our Use of Certain Personal Data. Subject to applicable law, you may have a right to access, update, and/or obtain a copy of the Personal Data we have collected about you. You have the right to withdraw your consent to the processing of your Contributor Metadata at any time by contacting us at support@dataplus.ai. Please note that such withdrawal will not affect the perpetual, irrevocable License granted for previously submitted Visual Assets, and we may continue to use such Visual Assets and associated Contributor Metadata as permitted under the License terms in the Form.
• Data Retention. We retain Contributor account information and Contributor Metadata for as long as your account remains active and for as long as necessary to fulfill the Permitted Purposes. We may also retain such information as required to comply with applicable laws, regulations, legal obligations, resolve disputes, enforce agreements, or protect our legal rights.
• Cookies and Similar Technologies. We use cookies and similar technologies to enable the Site and App to perform as intended, personalize your experience, and provide you with content and advertisements. You can adjust your settings to determine which cookies are allowed.
• Third-Party Applications and Services. Use of third-party applications or services is at your own risk and subject to such third party's privacy policies.
• Children. We do not intentionally collect Personal Data from children under the age of eighteen (18).
• Changes to the Notice. We may change this Notice from time to time and shall notify you of any material changes by indicating on the Site that the Notice has been amended and by publishing an updated Notice on the Site or App.
• Comments and Questions. If you have any comments or questions about this Notice, or if you wish to exercise your legal rights with respect to your Personal Data, please contact us at support@dataplus.ai.

Personal Data We Collect, Uses and Legal Basis

Contributor Metadata. When you register a personal account on the Site or App, create your profile, or upload Visual Assets, we collect Personal Data that you provide, including your full name, email address, password, age, gender, height, weight, ethnic background, geographic location, other physical attributes such as body tattoos or scars or plastic surgeries, and other sensitive information ("Contributor Metadata").

How we use this data: To label, curate and sub-license our Database and for the Permitted Purposes.

Legal Basis: We process this Personal Data based on (1) the performance of a contract (i.e., the Terms and the Form) and (2) your explicit consent.

Automatically Collected Data — When you visit the Site or the App, we automatically collect information about your computer or mobile device, including your operating system, IP address, device ID, browser type, session tracking, and your browsing and usage history on our Site and App. For more information about the cookies and similar technologies we use and how to adjust your preferences, please see the section "Cookies and Similar Technologies" below.

How we use this data: (1) to review usage and operations, including in an aggregated non-specific analytical manner, develop new products or services and improve current content, products, and services; (2) to prevent fraud, protect the security of our App, Site and services, and address any problems with the Site and/or App; (3) to provide you with customized content, targeted offers, and advertising related to our products and services, based on your usage history on the Site, on other third-party sites or apps you may visit and/or use; (4) Visual Assets and Contributor Metadata for the Permitted Purposes set forth in the Form.

Legal Basis: We process this Personal Data for our legitimate interests to develop and improve our products and services, review usage, perform analytics, prevent fraud, for our recordkeeping and protection of our legal rights and to market our own products and services. Additional information regarding direct marketing is provided below.

Special Categories of Data. Certain Contributor Metadata that we collect may be considered "special" or "sensitive" in some jurisdictions, such as data relating to your racial or ethnic origin, physical attributes like body tattoos or scars, and previous plastic surgeries. We will only collect such data based on your explicit consent, which you provide by accepting the Form.

How We Use this Data: In accordance with the License and for the Permitted Purposes set forth in the Form.

Legal Basis: We process this Personal Data based on your consent as provided in the Form. You may withdraw such consent by contacting us at support@dataplus.ai, in which case we shall cease collecting new Contributor Metadata. However, this will not affect any processing or use of Contributor Metadata that occurred before the withdrawal of consent, and the perpetual, irrevocable License granted for the Visual Assets and associated Contributor Metadata shall remain in full force and effect, including our right to continue using, sublicensing, and incorporating such data in our Database and AI models.

Payment Data. In the event you are eligible for compensation in accordance with the Terms and the Form, we may collect information required to process such payments, such as your bank account details or digital wallet information.

How We Use this Data: To process compensation payments to you and to prevent fraud.

Legal Basis: When we process your payment data to provide you with compensation, we do so to perform a contract with you (our Terms and Form). When we process your payment data to prevent fraud, we do so based on our legitimate interest in protecting you and ourselves.

Android App Set ID — We collect your Android App Set ID from your device when you use our app.

How We Use This Data: We use the App Set ID for the essential purposes of analytics and fraud prevention. We do not connect the App Set ID to any Android advertising identifiers (e.g., AAIDs) or any personal data for advertising purposes. We process the App Set ID in accordance with Google Play's User Data Policy.

Additional Uses

Statistical Information and Analytics. We and/or our service providers use analytics tools, including Google Analytics, to collect and analyze information about the use of the Site and App, such as how often users visit the Site, what pages they visit, and how they interact with them. By analyzing the information that we receive, we may compile statistical information across a variety of platforms and users, which helps us improve our App, Site and services, understand trends and customer needs, and tailor existing products and services. You can find more information about how Google collects information and how you can control such use at https://policies.google.com/privacy.

Direct Marketing. As described above, we may use Personal Data to let you know about our products and services that we believe will be of interest to you. We may contact you by email or through other communication channels. In all cases, we will respect your preferences for how you would like us to manage marketing activity with respect to you. To protect privacy rights and to ensure you have control over how we manage marketing with you:

• We will take steps to limit direct marketing to a reasonable and proportionate level and only send you communications that we believe may be of interest or relevance to you.
• You can ask us to stop sending email marketing by following the "unsubscribe" link you will find on all the email marketing messages we send you. Alternatively, you can contact us at support@dataplus.ai.
• You can change the way your browser manages cookies, which may be used to deliver online advertising, by following the settings on your browser as explained below. If our marketing activities are based upon your consent, you may withdraw this consent at any time.

Artificial Intelligence

We process Visual Assets and Contributor Metadata for the following purposes (the 'Permitted Purposes') as set forth in the Form: (a) creating, curating, labeling and sub-licensing the Database; (b) developing, training, fine-tuning, testing, evaluating, deploying, operating, and improving AI and Visual Models; (c) generating, using, commercializing, licensing, providing, distributing, and supporting Synthetic Data and AI Outputs; and (d) engaging third-party service providers to process, store, host, or otherwise handle Visual Assets and Contributor Metadata.

Sharing the Personal Data We Collect

We share your information, including Personal Data, as follows:

Customers and Partners. We make the Database, which contains the Visual Assets and Contributor Metadata, available to our affiliates, customers and partners under our then-applicable customer terms or commercial agreements for the Permitted Purposes.

Affiliates. We may share information, including your Personal Data, with our affiliates and subsidiaries where this is necessary for managing our business.

Service Providers, and Subcontractors. Below is a list of the types of service providers we use, the service each provides, and the types of data shared with each.

Type of Service	Description	Personal Data Shared
Cloud Computing	We use service providers that offer cloud computing services. They offer us space on their servers for us to store our files and programs, including your personal data.	All personal data that we collect from you is stored on third party servers.
Email Marketing	We use an independent vendor to send out marketing emails on our behalf.	Your name and email address.
Payment Processors	When you are eligible for compensation, the transaction is processed by an independent vendor.	Your bank account or digital wallet details.
Analytics Providers	We use a service provider to assist us with analytics services.	Data collected automatically through our Site and/or App, including IP addresses and cookie information.
Online Advertising	External service providers assist us in the placement of online advertisements.	Data collected automatically through our Site and/or App, including IP addresses and cookie information.

Generative AI Service Providers. We may use certain generative AI service providers for the Permitted Purposes and will share data, including Contributor Metadata with them for that purpose. Such service providers may also use the provided data for the improvement of their own services and models.

Business Transfers. Your Personal Data may be disclosed as part of, or during negotiations of, any merger, sale of company assets or acquisition (including in cases of liquidation). In such case, your Personal Data shall continue to be subject to the provisions of this Notice.

Law Enforcement-Related Disclosure. We may share your Personal Data with third parties: (i) if we believe in good faith that disclosure is appropriate to protect our or a third party's rights, property, or safety (including the enforcement of this Notice); (ii) when required by law, regulation, subpoena, court order, or other law enforcement-related issues, agencies, and/or authorities; or (iii) as is necessary to comply with any legal and/or regulatory obligation.

Legal Uses. We may use your Personal Data as required or permitted by any applicable law, for example, to comply with audit and other legal requirements.

International Transfers

Some of our service providers and affiliates are located in countries other than your own. When we transfer your Personal Data internationally, we will do so safely and securely, and in accordance with applicable law.

Security

We have implemented and maintain appropriate technical and organizational security measures, policies, and procedures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure of or access to Personal Data, appropriate to the nature of such data. The measures we take include:

• Safeguards — The physical, electronic, and procedural safeguards we employ to protect your Personal Data include secure servers, firewalls, antivirus software, and SSL encryption of data.
• Access Control — We dedicate efforts to the proper management of system entries and limit access only to authorized personnel on a need-to-know basis, adhering to least privilege rules, reviewing permissions quarterly, and revoking access immediately after employee termination.
• Internal Policies — We maintain and regularly review and update our privacy-related and information security policies.
• Personnel — We require new employees to sign non-disclosure agreements in accordance with applicable law and customary industry practice.
• Encryption — We encrypt data in transit using secure TLS protocols.
• Standards and Certifications — We follow industry best practices for information security management.
• Database Backup — Our databases are backed up periodically for certain data and are verified regularly. Backups are encrypted and stored within the production environment to preserve their confidentiality and integrity, are tested regularly to ensure availability, and are accessible only by authorized personnel.
• However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
• As the security of information depends in part on the security of the computer you use to communicate with us and the security measures you use to protect user IDs and passwords, please take appropriate measures to protect this information.

Your Rights — How to Access and Limit Our Use of Certain Personal Data

Subject to applicable law and certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to the Personal Data that we hold about you, as detailed below. We will investigate and attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and, in any event, within the timescales provided by applicable data protection laws. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any information and/or comply with any of your requests, as detailed below:

• Right of Access. You have a right to know what Personal Data we collect about you and, in some cases, to have such Personal Data communicated to you. Subject to applicable law, we may charge a fee. Please note that we may not be able to provide you with all the information you request, and in such cases, we will endeavor to explain why. See Article 15 of the EU General Data Protection Regulation ("GDPR") for more details, if your Personal Data is subject to the GDPR.
• Right to Data Portability. If the processing is based on your consent or the performance of a contract with you, and processing is being carried out by automated means, you may be entitled to request that we provide you or another party with a copy of the Personal Data you provided to us in a structured, commonly used, and machine-readable format. See Article 20 of the GDPR for more details, if your Personal Data is subject to the GDPR.
• Right to Correct Personal Data. Subject to the limitations in applicable law, you may request that we update, complete, correct, or delete inaccurate, incomplete, or outdated Personal Data. See Article 16 of the GDPR for more details, if your Personal Data is subject to the GDPR.
• Deletion of Personal Data ("Right to Be Forgotten"). If you are an EU Individual, you have a right to request that we delete your Personal Data. Please note that this right is not absolute and is subject to the terms of the Form and the License you granted. As the Visual Assets you provide are not considered Personal Data under the Terms and are subject to a perpetual and irrevocable License, this right does not apply to the Visual Assets themselves. However, upon a valid request, we will delete the Contributor Metadata associated with your account, subject to certain exceptions such as for audit and record-keeping purposes, or as otherwise permitted and/or required under applicable law. We cannot restore information once it has been deleted. See Article 17 of the GDPR for more details, if your Personal Data is subject to the GDPR. This does not affect the perpetual, irrevocable License to the Visual Assets granted in the Form.
• Right to Restrict Processing. If you are an EU Individual, you can ask us to limit the processing of your Personal Data if either: (i) you have contested its accuracy and wish us to limit processing until this is verified; (ii) the processing is unlawful, but you do not wish us to erase the Personal Data; (iii) it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise, or defend a legal claim; or (iv) you have exercised your Right to Object (below) and we are in the process of verifying our legitimate grounds for processing. We may continue to use your Personal Data after a restriction request under certain circumstances. See Article 18 of the GDPR for more details, if your Personal Data is subject to the GDPR.
• Direct Marketing Opt-Out. You may change your mind at any time regarding your election to receive marketing communications from us and/or having your Personal Data processed for direct marketing purposes. To do so, please notify us by contacting us at support@dataplus.ai, and we will process your request as soon as reasonably possible. However, it may take a few days for us to update our records before any opt-out becomes effective.
• Right to Object. If you are an EU Individual, you may object to any processing of your Personal Data that has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. Should you raise an objection, we will have an opportunity to demonstrate that we have compelling legitimate interests that override your rights and freedoms. See Article 21 of the GDPR for more details, if your Personal Data is subject to GDPR.
• Withdrawal of Consent. You may withdraw your consent in connection with any processing of your Personal Data based on a previously granted consent. This will not affect the lawfulness of any processing prior to such withdrawal. However, withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal. To the extent Visual Assets contain Personal Data, your data protection rights under applicable law continue to apply notwithstanding any license granted. For Visual Assets that do not contain Personal Data, the perpetual and irrevocable License granted in the Form remains in effect.
• Right to Lodge a Complaint with Your Local Supervisory Authority. If you are an EU Individual, you may have the right to submit a complaint to the relevant supervisory data protection authority if you have any concerns about how we are processing your Personal Data, though we respectfully request that you first attempt to resolve any issues with us.
• Your Rights Under the CCPA. If you are a resident of the State of California, depending on the applicability of certain laws and exemptions, you may have certain rights over your data, as detailed in Annex A to this Notice.

Data Retention

• Data Retention. We retain Contributor account information and Contributor Metadata for as long as your account remains active and for as long as necessary to fulfill the Permitted Purposes. We may also retain such information as required to comply with applicable laws, regulations, legal obligations, resolve disputes, enforce agreements, or protect our legal rights.
• In some circumstances, we may store your Personal Data for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax, audit, and accounting requirements and so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data, and whether those purposes can be achieved through other means, as well as applicable legal requirements.
• Please contact us at support@dataplus.ai if you would like details regarding the retention periods for different types of your Personal Data.

Cookies and Similar Technologies

We use cookies and similar technologies for a number of reasons, including to help personalize your experience and to personalize the ads we serve you (if any). You shall be notified of the use and placement of cookies and other similar technologies on your device as specified herein.

What are Cookies? A cookie is a small piece of text that is sent to a user's browser or device. The browser provides this piece of text to the device of the originating user when that user returns.

• A "session cookie" is temporary and will remain on your device until you leave the Site.
• A "persistent" cookie may be used to help save your settings and customizations across visits. It will remain on your device until you delete it.
• First-party cookies are placed by us, while third-party cookies may be placed by a third party. We use both first- and third-party cookies.
• We may use the term "cookies" to refer to all technologies that we may use to store data in your browser or device or that collect information or help us identify you in the manner described above, such as web beacons or "pixel tags."

How We Use Cookies. We use cookies and similar technologies for a number of reasons, as specified below.

The specific names and types of the cookies, web beacons, and other similar technologies we use may change from time to time. However, the cookies we use generally fall into one of the following categories:

Type of Cookie	Why We Use These Cookies
Necessary	These cookies are necessary to allow the Site to work correctly. They enable you to access the Site, move around, and access different services, features, and tools. Examples include remembering previous actions (e.g., entered text) when navigating back to a page in the same session. These cookies cannot be disabled.
Functionality	These cookies remember your settings and preferences and the choices you make (such as language or regional preferences) in order to help us personalize your experience and offer you enhanced functionality and content.
Security	These cookies help us identify and prevent security risks. They may be used to store your session information to prevent others from changing your password without your login information.
Performance/Analytics	These cookies collect information to help us understand how you use our Site, for example whether you have viewed messages or specific pages and how long you spent on each page. This helps us improve the performance of our Site and Platform.

Third Party Cookies. We have implemented cookies from the following third parties on our website: Google Analytics – Analytics.

How to Adjust Your Preferences. Most web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. In addition, you are free to delete any existing cookies at any time. Please note that some features of the services may not function properly when cookies are disabled or removed. For example, if you delete cookies that store your account information or preferences, you will be required to input this information each time you visit.

Device Settings. By changing your device settings, you can prevent your device's ad identifier from being used for interest-based advertising, or you can reset your device's ad identifier. Typically, you can find the ad identifier settings under "privacy" or "ads" in your device's settings, although settings may vary from device to device. Adjusting your preferences as described in this section does not mean you will no longer receive advertisements; it only means the advertisements that you do see will be less relevant to your interests.

Children

We do not intentionally collect Personal Data from children under the age of eighteen (18). If you believe a person under 18 has submitted Visual Assets or Personal Data, contact us at support@dataplus.ai so we can take appropriate steps.

Changes to the Notice

We may update this Notice from time to time to keep it up to date with legal requirements and the way we operate our business, and we will place any updates on this webpage. Please revisit this page periodically to ensure you are familiar with the latest version. If we make material changes to this Privacy Notice, we will seek to inform you by notice on our Site or via email.

Comments and Questions

If you have any comments or questions about this Notice or if you wish to exercise any of your legal rights as set out herein, please contact us at support@dataplus.ai.

Last updated: 02/23/2026

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Annex A

Your Rights Under the California Consumer Privacy Act ("CCPA"), as amended by the California Privacy Rights Act of 2020 ("CPRA")

If you are a resident of the State of California, depending on the applicability of certain laws and exemptions, you may have certain rights over your data. Below is some general information about rights that may apply to you. We recommend that you check the law or consult with a lawyer to understand what applies in your specific case. We may ask for reasonable evidence to verify your identity or to verify that you have been authorized to act on behalf of the relevant individual. For the purposes of this section, "personal data" shall have the meaning of "Personal Information" as defined under the CCPA.

• Right to Know. You have the right to request that we disclose to you any or all of the following in respect of the 12-month period preceding your request:
  • The specific personal data we have collected about you.
  • The categories of personal data we have collected about you.
  • The categories of sources from which we collected the personal data about you.
  • The categories of third parties to whom we disclose personal data about you.
  • The categories of personal data about you we have sold and the categories of third parties to whom we have sold such personal data.
  • The categories of personal data about you we have disclosed for a business purpose and the categories of third parties to whom we have disclosed such personal data.
  • Our business or commercial purpose(s) for collecting or selling your personal data.
• Right to Delete. Subject to certain exceptions, you have the right to request that we or any of our service providers delete your personal data.
• Right to Correct. You have the right to request that we correct any inaccurate personal data that we maintain about you, considering the nature of the personal data and the purposes of the processing of the personal data.
• Right to Opt-Out of the Sale or Sharing of Personal Data. If you are 16 years of age or older or have consented to the sale of your personal data, you have the right to direct that we do not sell or share your personal data at any time. You may change your mind and opt back into the sale of your personal data at any time by contacting us. We may deny any request to opt-out of the sale of personal data that we deem in our good-faith, reasonable and documented belief is fraudulent.
• Right to Limit Use and Disclosure of Sensitive Personal Data. To the extent we collect any sensitive personal data about you, you have the right to instruct us to limit our use of such personal data only for the purpose of providing you with our services and certain business operation purposes.
• Right to Non-Discrimination for Exercising your Consumer Privacy Rights. You have the right not to be discriminated against for exercising any of your consumer privacy rights, such as not being denied any goods or services or charged different prices or rates.
• How to Exercise Your California Privacy Rights
  • Contact Information. To exercise any of the rights detailed above, please submit a verifiable request to us by contacting us at support@dataplus.ai. You may only request to exercise your right of access twice within a 12-month period.
  • Submitting a Verifiable Request. In order to exercise your rights as set forth in Sections 1 – 5, you must submit a request containing sufficient information that allows us to reasonably verify you are the person about whom we collected the applicable Personal Data or an authorized agent of such person, which may include details relating to your account.
  • Submitting Requests through an Authorized Agent. An authorized agent may exercise requests on your behalf. In order to exercise your right to know or right to delete through an agent, we may ask for reasonable evidence to verify your identity and the agent's identity, and written authorization permitting the agent to act on your behalf before complying with your request. In order to submit a request to opt-out of the sale of your personal data through an agent, we may ask for written authorization permitting the authorized agent to act on your behalf before complying with your request. We reserve the right to deny the request of any agent that does not provide proof that they have been authorized to act on behalf of the applicable consumer in accordance with applicable law.
• The Past 12 Months. In the past 12 months, we have "sold" and/or "shared" (as such terms are defined in the CCPA) your Personal Data by making the Database, which includes your Contributor Metadata, available to our customers and partners for the Permitted Purposes. In the past 12 months, we have disclosed the following categories of personal data for a "business purpose" (as defined in the CCPA):
  • Category A: Identifiers such as your real name, email address, and online account credentials.
  • Category B: Any personal information described in subdivision (e) of Section 1798.80, such as your name, signature, physical characteristics or description (including height, weight, and physical attributes such as tattoos, scars and plastic surgeries), address, bank account number or wallet address, telephone number).
  • Category C: Characteristics of protected classifications under California or federal law, such as age, ethnicity, citizenship, religion or creed, marital status, physical illness, mental illness or disabilities.
  • Category D: Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an internet website application, or advertisement.
  • Category E: Geolocation data, such as your geographic location provided as part of your Contributor Metadata.
  • Category F: Audio, electronic, visual, or similar information, including the Visual Assets you submit.
  • Category H: Sensitive personal information, such as a consumer's account log-in, access code, password, or credentials allowing access to an account or racial or ethnic origin, citizenship or immigration status.

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Website and App Terms and Conditions

Last updated: 02/23/2026 · Download PDF

These Terms and Conditions ("Terms") govern your use of the website and mobile application ("Site" and "App") provided by DataPlus LLC ("Company", "us", "our", or "we"), a Delaware limited liability company. These Terms apply to all users of the Site and App. Our Privacy Notice, available at https://dataplus.ai/privacy-policy/ ("Privacy Notice"), governs our collection, processing and transfer of any Personal Data and is incorporated into these Terms by reference. If you wish to submit Visual Assets to the Company, you must separately accept the Visual Assets Consent, Waiver and Release Form ("Form"), available at www.dataplus.ai/datadrop//consent, which contains additional terms that will apply to you as a contributor of Visual Assets.

Site/App Access

• The Site and App may be accessed by any user. However, certain features and actions, including but not limited to submitting Visual Assets, require registration and login. If you register or use such features, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years old and have the ability to form a binding contract; (d) your use of the Site and App does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, and these Terms throughout your use of the Site and App. Use of and access to the Site and the App is void where prohibited by law.

Account Registration

• In order to submit Visual Assets or access certain features of the Site or App, you will need to have a registered account ("Login Account"). By registering a Login Account, you represent and warrant that: (a) all information provided is accurate and complete; (b) you will not create more than one Login Account; (c) you will not allow any other person to use your Login Account; (d) you have full rights to use the Login Account in connection with the App or Site; and (e) you will not create an account using a false identity or information, or on behalf of someone other than yourself without authorization. To complete the registration process, you must provide all registration information that we request.
• Subject to applicable law, the Company may refuse to open an account for any individual at its sole discretion.
• You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, the Company will not be liable for any losses or damage arising from unauthorized use of your account. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the App, Site, or your account.

Termination of Account

• The Company may suspend or terminate your account at any time by providing seven (7) days' prior notice. In addition, the Company may suspend or terminate your account with immediate effect and may take any other corrective action it deems appropriate upon the occurrence of any of the following events: (i) violation of these Terms; or (ii) behavior that is fraudulent, harassing, abusive, illegal, or harmful to other users, third parties, or the business interests of the Company. If your account is terminated, you may not rejoin the Site or App or create a new account without the Company's prior written permission. The Company may modify or discontinue the Site or App for all users at any time. Upon termination of your account, you shall not have any further access to any content or materials that may be available through your account, and the Company may, but is not obligated to, delete any such content or materials. You acknowledge that the Company has no obligation to retain, store, or provide you with copies of any content or materials following termination.
• We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Site or App. We will cooperate with any law enforcement authorities or court order directing or requesting that we disclose the identity, behavior, or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Site or App.
• You may request termination of your account at any time by sending an email to support@dataplus.ai. Following such request, we shall close your account as soon as reasonably practicable. Suspension or termination of your account shall not affect your obligations under these Terms and the Form (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and grant of License), which by their sense and context are intended to survive such suspension or termination.

Use Restrictions

You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Site or App without our prior written authorization, including framing or mirroring any part of the Site or App; (2) circumvent, disable, or otherwise interfere with security-related features of the App or Site or features that prevent or restrict use or copying of any Visual Assets or other content available through the App or Site; (3) use any robot, spider, scraper, crawler, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or App; (4) use or access another user's account without permission; (5) use the Site or App or content thereon in any manner not permitted by these Terms or applicable law; (6) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (7) attempt to gain unauthorized access to the Site, App, servers, or any connected networks or databases; (8) use the Site or App to transmit, distribute, or store material that is unlawful, defamatory, obscene, threatening, harassing, or otherwise objectionable; or (9) remove, obscure, or alter any proprietary rights notices on the Site or App.

Company's Intellectual Property

• Company or its licensors, as the case may be, have all right, title, and interest in the Site, App and any content thereon (excluding Visual Assets), including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the Site or App for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Site and/or App. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms, Form or Site should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Company or any third party. If you provide Company with any feedback, suggestions, ideas, or recommendations regarding the Site and/or App ("Feedback"), you hereby assign to Company all right, title, and interest in and to such Feedback, and Company may use all such Feedback without restriction, compensation, or attribution and shall not be subject to any confidentiality, non-disclosure, or non-use obligations in respect of such Feedback.
• If you submit, upload, post, or otherwise provide any content, materials, data, feedback, suggestions, ideas, or other information to the Company through the Site or App (other than Visual Assets, which are governed by the Form) ("User Content"), you hereby grant to Company and its affiliates a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit such User Content in any media or format, whether now known or hereafter developed, for any purpose whatsoever, including, without limitation, for commercial, marketing, promotional, and development purposes. You represent and warrant that: (a) you have all necessary rights, title, and interest in and to the User Content to grant this license; (b) the User Content does not and will not infringe, violate, or misappropriate any third-party intellectual property rights, privacy rights, or other rights; and (c) the User Content complies with all applicable laws and these Terms.

Visual Assets Submissions

• If you choose to submit Visual Assets to the Company, you must separately accept the Visual Assets Consent, Waiver, and Release Form ("Form") by checking the appropriate box on the Site or App before uploading or submitting any Visual Assets. The Form contains additional terms, conditions, rights, obligations, and restrictions that apply specifically to contributors of Visual Assets, including, but not limited to, licensing terms, compensation provisions, intellectual property rights, content restrictions, disclaimers, limitations of liability, and indemnification obligations. Your acceptance of the Form is effective as of the date you accept it and applies to all Visual Assets submitted after such date.

Disclaimer of Warranties

• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS, DAMAGES, PENALTIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR REPUTATIONAL HARM) ARISING OUT OF OR RELATING TO VISUAL MODELS, AI OUTPUTS, OR THEIR USE OR MISUSE BY CUSTOMERS OR OTHER THIRD PARTIES.
• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS, DAMAGES, PENALTIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR REPUTATIONAL HARM) ARISING OUT OF OR RELATING TO: (A) VISUAL MODELS, AI OUTPUTS, OR THEIR USE OR MISUSE BY CUSTOMERS OR OTHER THIRD PARTIES; (B) ANY THIRD-PARTY CONTENT, LINKS, PRODUCTS, OR SERVICES ACCESSED THROUGH THE SITE OR APP; (C) ANY ACTIONS OR CONTENT OF OTHER USERS; OR (D) ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR APP. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT A DATA RETENTION OR BACKUP SERVICE. YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING BACKUPS OF YOUR DATA, AND THE COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OF, DAMAGE TO, OR CORRUPTION OF ANY DATA, CONTENT, OR MATERIALS.

Limitation of Liability

• WITHOUT DEROGATING FROM ANY OF THE ABOVE, WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF USER COMMUNICATIONS OR MATERIALS, OR ANY TECHNICAL MALFUNCTION OR FAILURE OF ANY TELEPHONE NETWORK OR LINES, COMPUTER SYSTEMS, SERVERS, PROVIDERS, EQUIPMENT, OR SOFTWARE. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTIONS, FAILURES, OR DIFFICULTIES CAUSED BY TRAFFIC CONGESTION, INTERNET OR NETWORK ISSUES, OR ANY FORCE MAJEURE EVENTS BEYOND OUR REASONABLE CONTROL. YOU REPRESENT AND WARRANT THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, AND LEGALITY OF ANY AND ALL DATA, INFORMATION, OR CONTENT PROVIDED BY YOU OR ON YOUR BEHALF TO THE COMPANY, AND YOU SHALL ASSUME ALL LIABILITY FOR ANY CONSEQUENCES ARISING FROM THE PROVISION OF INCORRECT, INCOMPLETE, OR UNLAWFUL DATA OR INFORMATION.
• IN NO EVENT SHALL COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR APP, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE COMPANY'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE APP, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED FIFTY DOLLARS ($50.00).

Notices

Any required notices pursuant to these Terms may be sent to the email address provided by Contributor upon registration or to the Company at an address provided on the Site or App.

Governing Law; Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware and the federal laws of the United States, without regard to conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms, the Form, or the Visual Assets shall be resolved by binding arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Delaware. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in the state or federal courts located in Delaware to protect its intellectual property rights or confidential information.

Miscellaneous

Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Company or enables you to act on behalf of Company. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Last updated: 02/23/2026

Application Marketplace

To the extent an App is provided, it may be subject to additional third-party terms relating to the marketplace or store from which it was downloaded. The third parties providing such marketplaces may be beneficiaries of these Terms, pursuant to the marketplace's terms. The following terms apply if you downloaded the App from Apple's App Store.

Apple Inc. ("Apple") is not a party to these Terms and is not responsible for the App.

• Your license to use the App is non-transferable and is limited to use on iOS Products that you own or control, and as permitted by the Usage Rules in the App Store Media Services Terms and Conditions, except as permitted via Family Sharing, volume purchasing, or Legacy Contacts.
• In the event of a failure to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any was paid). Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will not be Apple's responsibility.
• Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• Apple will not be responsible for the investigation, defense, settlement, or discharge of any claim alleging that your use of the App infringes a third party's intellectual property rights.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and Apple will have the right to enforce these Terms against you as a third-party beneficiary. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

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