ModelBench Terms

These ModelBench Terms of Service (version 1.0, the "Terms") govern your use of InSiSo ModelBench, offered by InSiSo Technologies Pvt. Ltd., a company incorporated in India with its office at WeWork Latitude, 10th Floor, RMZ Latitude Commercial, Hebbal Kempapura, Bangalore North, Bangalore - 560024, Karnataka, India ("InSiSo", "we", "us"). ModelBench is available as a hosted service at modelbench.insisotech.com ("ModelBench Cloud") and as software installed on your own computer ("ModelBench Desktop"); together, the "Service".

You accept these Terms by ticking "I agree" when you create a ModelBench Cloud account or when we ask you to agree to an updated version, or by accepting them when you install ModelBench Desktop. If you do not agree, do not use the Service.

If you use the Service for a company or other organisation, you accept these Terms on its behalf and confirm that you are authorised to do so. In that case "you" means both you and that organisation. The Service is intended for business use and for people aged 18 or over.

If your organisation has signed a separate written agreement with InSiSo for the Service (for example an order form, a master agreement or a reseller arrangement), that agreement prevails over these Terms where the two differ. Anything it does not cover is governed by these Terms.

• "Organisation": the customer account on ModelBench Cloud to which users, projects and data belong. On ModelBench Desktop, the person or organisation that installed it.
• "Customer Content": the images, point clouds, annotations, class names, projects and other material that you or your users upload to or create in the Service.
• "Customer Models": the model weights trained by the Service on Customer Content, and the files exported from them (for example ONNX, NVIDIA or Hailo bundles).
• "InSiSo Technology": the Service, its software, user interface, documentation, and the INSISO model architecture, training methods and export tooling, including any improvements to them.
• "Edition": the feature set available to you (Standard or Pro), as described on the ModelBench page of our website or in your agreement.
• "Credits": prepaid units consumed by compute-intensive operations on ModelBench Cloud, such as training, auto-annotation and exports.

ModelBench Cloud accounts are created by invitation from an administrator of your Organisation, or by us when we set up your Organisation. Each account is for one named person; do not share sign-in details. You are responsible for the activity of the users in your Organisation, for keeping credentials secure, and for removing access for people who should no longer have it. Tell us promptly at contact@insisotech.com if you suspect unauthorised access.

Administrators of your Organisation can invite and disable users, set their roles and see your Organisation's audit log. We may limit the number of users and the storage available to your Organisation according to your Edition or agreement.

We may offer a free trial of the Service. Unless we tell you otherwise, a trial gives access to the features of the Pro Edition for the period we set. Trials are provided for evaluation, "as is", without any service level, and we may change or end a trial at any time. When a trial ends, nothing is deleted: your Organisation continues on the Standard Edition, or on the terms we agree with you. We may close an Organisation that has only ever been on a trial and has been inactive for more than six months, after giving at least 30 days' notice to its administrators so they can export their data.

Paid use of the Service is subject to the fees in your order, quotation or agreement: typically an annual licence for the Edition and prepaid Credits for compute on ModelBench Cloud. Unless agreed otherwise, fees are payable in advance, are exclusive of taxes (including GST), which you will pay in addition, and are non-refundable except where the law requires otherwise or we agree in writing.

Credits are consumed at the rates in force when the operation runs and shown in the Service. Credits expire at the end of the period stated when they were issued. Training that fails because of our infrastructure is not charged. We may suspend paid features if fees remain unpaid 15 days after we remind you.

Subject to these Terms and payment of any applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable right, for the duration of your trial or subscription, to: (a) access and use ModelBench Cloud for your Organisation's business purposes; and (b) install and use ModelBench Desktop on the number of computers permitted by your licence key or agreement.

You must not, and must not allow others to:

• copy, modify, decompile, disassemble or reverse engineer the software or the INSISO model architecture, except to the extent the law expressly permits despite this restriction;
• remove, bypass or interfere with licence checks, usage limits, Credits metering or security features;
• resell, rent, sublicense or provide the Service to third parties as a service bureau, unless agreed in writing;
• use the Service to build a competing product, or extract model architecture or training methods from it;
• access the Service by automated means other than the features and interfaces we provide.

InSiSo and its licensors retain all rights in the InSiSo Technology. No rights are granted except as stated in these Terms.

You keep all rights in your Customer Content. You grant us a limited licence to host, copy, process and display Customer Content only as needed to provide, secure and support the Service for you, and as described in the Privacy Notice.

Customer Models are yours to use. Subject to these Terms and your Edition, you may use, copy and deploy Customer Models for your business, including inside machines and systems that you supply to your own customers. Because Customer Models embody the INSISO model architecture, you may not separate that architecture from a Customer Model for use with other weights, or offer Customer Models or exports as a model-training or model-hosting service to others. Some deployment targets or runtimes (for example InSiSo Visual Detector) may be subject to separate licence terms.

We do not use your Customer Content or Customer Models to train or improve models for anyone else, and we do not sell them. We may use aggregated, anonymous information about how the Service is used (for example the number of training runs or their duration) to operate and improve the Service.

You are responsible for having the rights and permissions needed for the Customer Content you upload, including where images show people, and for complying with the laws that apply to it.

You must not use the Service to:

• upload content that you do not have the right to use, or that is unlawful, infringing, or contains malware;
• process special categories of personal data, or images of people beyond what your legitimate industrial use requires;
• build systems for unlawful surveillance, for identifying individuals without a lawful basis, or for any purpose prohibited by law;
• probe, overload or attack the Service or its infrastructure, or access other customers' data;
• violate export control or sanctions laws.

We may remove content or suspend access that we reasonably believe breaches this section, and will tell you when we do unless the law prevents it.

Machine-learning models make mistakes. Their accuracy depends on your data, your labelling and the conditions in which they run. Before relying on a Customer Model in operation, you must validate it on your own equipment and data, under the conditions it will meet in use. Do not use a Customer Model as the sole means of performing a safety function or of protecting people, and do not use it where its failure could cause death, injury or serious damage, unless independent safeguards appropriate under applicable safety standards are in place. You are responsible for the systems in which you deploy Customer Models and for their compliance with applicable laws and standards.

We aim to keep ModelBench Cloud available and to back up its data, but we do not guarantee uninterrupted or error-free operation, and we may carry out maintenance. Keep your own copies of important data: the Service lets administrators export their Organisation's data. Support is provided by email at contact@insisotech.com during Indian business hours, unless your agreement provides otherwise. Any service levels apply only if set out in a signed agreement.

We improve the Service continuously and may add, change or remove features. If a change materially reduces the core functionality of a paid Edition during your subscription, we will tell you in advance and, if you object, you may end the subscription and receive a pro-rata refund of prepaid fees for the unused period.

The Service works with third-party software and hardware, such as ONNX Runtime, NVIDIA CUDA and TensorRT, the Hailo Dataflow Compiler, ctrlX AUTOMATION and Amazon Web Services. Third-party components you obtain yourself (for example the Hailo Dataflow Compiler) are subject to their own licence terms, which you are responsible for complying with. Open-source components included in the software are licensed under their own licences, which these Terms do not restrict.

Each party will keep confidential the non-public information it receives from the other in connection with the Service, use it only for the purposes of these Terms, and protect it with at least reasonable care. This does not apply to information that is or becomes public through no fault of the recipient, was already known to it, is independently developed, or must be disclosed by law (with notice to the other party where lawful).

If you send us suggestions or feedback about the Service, we may use them without obligation to you. We will not identify you or your Organisation as their source without your permission.

We will provide the Service with reasonable skill and care. Except as expressly stated in these Terms or a signed agreement, and to the fullest extent permitted by law, the Service, Customer Models and any outputs are provided "as is" and "as available", and we disclaim all other warranties and conditions, express or implied, including fitness for a particular purpose, merchantability, accuracy of results and non-infringement.

To the fullest extent permitted by law: (a) neither party is liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, production, data or goodwill; and (b) each party's total liability arising out of or in connection with the Service in any twelve-month period is limited to the fees paid or payable by you for the Service in that period or, if greater, INR 10,000.

These limits do not apply to your payment obligations, to a breach of the licence restrictions or acceptable-use rules, to either party's indemnity obligations, or to liability that cannot be limited by law, such as for fraud.

You will defend and indemnify InSiSo against claims by third parties arising from your Customer Content, from your deployment or use of Customer Models, or from your breach of the Acceptable Use rules. We will defend and indemnify you against third-party claims that the InSiSo Technology, as provided by us and used in accordance with these Terms, infringes their intellectual property rights. The party claiming indemnity must notify the other promptly, allow it to control the defence, and cooperate reasonably.

You may stop using the Service at any time. Either party may end a paid subscription for material breach that is not remedied within 30 days of written notice. We may suspend access immediately where necessary to protect the Service, other customers or the law, and will restore it once the cause is resolved.

When your Organisation's access ends, administrators may export its data for 30 days, unless the law or a security issue prevents it. After that we delete Customer Content and Customer Models from the live Service within 60 days; copies in backups are overwritten in the normal backup cycle. We may keep records we are required to keep by law, and the audit log of the Organisation's account. Sections that by their nature should continue after termination (including Your Content and Your Models, Confidentiality, Limitation of Liability and Indemnity) continue to apply.

We may update these Terms, for example to reflect changes to the Service or the law. Each version carries a version number and date. We will tell you of material changes before they take effect, by email or in the Service. You will be asked to agree to the new version before continuing to use ModelBench Cloud; if you do not agree, you may stop using the Service and, for a paid subscription, receive a pro-rata refund of prepaid fees for the unused period.

These Terms are governed by the laws of India. The parties will first try in good faith to resolve any dispute by discussion between their representatives within 30 days. Failing that, the courts at Bengaluru, Karnataka, India have exclusive jurisdiction, without preventing either party from seeking urgent interim relief in any competent court.

You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. If any provision is held unenforceable, the rest remain in effect. A failure to enforce a provision is not a waiver. These Terms, together with any signed agreement and the documents they refer to, are the entire agreement on their subject. These Terms are written in English; any translation is for convenience only, and the English version prevails.

InSiSo Technologies Pvt. Ltd., WeWork Latitude, 10th Floor, RMZ Latitude Commercial, Hebbal Kempapura, Bangalore North, Bangalore - 560024, Karnataka, India. Email: contact@insisotech.com. Our Privacy Notice explains how we handle personal data in ModelBench.