Agreement to Terms
Welcome to the Terms of Service (these "Terms") for oceanir.ai (the "Website"), provided by OceanIR ("Company", "we", "us", or "our"). These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("You"), and OceanIR, concerning your access to and use of our platform, APIs, and services.
By accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change.
Service Description
OceanIR provides an AI-powered image analysis and geolocation inference platform utilizing advanced machine learning models (including but not limited to the "Orca" series) to determine the likely geographic origin of visual media.
2.1 Eligibility
The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms. By using the Services, you represent and warrant that you are 18 or older.
2.2 Probabilistic Nature
You acknowledge that the Services utilize probabilistic machine learning models. Output is a statistical prediction, not a statement of absolute fact. Accuracy varies significantly based on environmental factors, image resolution, and model limitations. You agree not to rely on the Services as the sole basis for high-stakes decisions, including legal, medical, or safety-critical actions.
2.3 Modifications
OceanIR reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice. You agree that OceanIR will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
User Responsibilities
As a user of the Services, you are responsible for all activities that occur under your account.
- Account Security: You agree to maintain the confidentiality of your password and account details and are fully responsible for all activities that occur under your password or account.
- Data Rights: You warrant that you possess all necessary rights, licenses, consents, and permissions to upload, process, and analyze any content you submit to the Services.
- Compliance: You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Services, including data privacy laws (GDPR, CCPA) and export control regulations.
Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
System Integrity
- • Reverse engineering, decompiling, or disassembling any aspect of the Services.
- • Attempting to bypass rate limiting, authentication, or security mechanisms.
- • Using automated scripts, bots, or scrapers to access the API.
- • Introducing viruses, trojans, or malicious code.
Ethical Use
- • Stalking, harassment, or gathering intelligence on individuals without consent.
- • Facilitating doxxing or targeted violence.
- • Uploading CSAM (Child Sexual Abuse Material) or illegal content.
- • Using the service for military targeting or unlawful surveillance.
Violation of these prohibitions will result in immediate account termination, a permanent ban, and referral to law enforcement authorities.
Intellectual Property
Unless otherwise indicated, the Services and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.
Your Content: You retain full ownership of any intellectual property you upload to the platform. By uploading content, you grant OceanIR a limited, non-exclusive, worldwide license to process, store, and display said content solely for the purpose of providing the Service to you and improving our models (unless you opt-out of training).
Payment & Credits
Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the pricing, payment, and billing policies applicable to such fees and charges.
Credit System: Credits purchased are non-transferable. Credits are valid for twelve (12) months from the date of purchase. Unused credits expire after this period unless otherwise stated in specific promotional terms.
Subscriptions: Subscriptions renew automatically unless cancelled at least 24 hours prior to the end of the billing cycle. Cancellation takes effect at the end of the current period.
Refunds: All purchases are final and non-refundable, except as required by applicable law. OceanIR reserves the right to issue refunds or credits at our sole discretion.
Confidentiality
"Confidential Information" means all non-public information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
The Receiving Party agrees: (i) to use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care); (ii) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement; and (iii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service or delete your account via the settings dashboard.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Warranties & Liability
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OCEANIR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL OCEANIR, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Indemnification
You agree to defend, indemnify, and hold harmless OceanIR and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Dispute Resolution
Governing Law: These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Arbitration: At OceanIR's sole discretion, it may require You to submit any disputes arising from the use of these Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the Dispute between us and You individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
