Moonwatcher ("we", "us", "our") is a Software as a Service (SaaS) application offering open-source packages for creating tests for computer vision machine learning models. Our service is accessible at Moonwatcher.ai. Registered users of Moonwatcher ("you", "your") can utilize our platform to upload, process, and analyze data related to machine learning tests. Furthermore, you can utilize our platform to display image data and results of machine learning models.
The following terms and conditions govern all your use of Moonwatcher, including but not limited to the website (Moonwatcher.ai) and all other apps, tools, data, software, APIs, content, products, and services available at or through the website or otherwise provided by Moonwatcher. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this website by Moonwatcher (collectively, the "Agreement").
Please read this Agreement carefully before accessing the website or using the Service. By accessing the website or using any part of the Service, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any part of the Service. If these terms and conditions are considered an offer by Moonwatcher, acceptance is expressly limited to these terms.
When you register an account ("Account") on Moonwatcher, you are accountable for upholding the security of your Account, and you bear full responsibility for all activities transpiring under the Account and any other actions conducted in conjunction with your use of our Service. Promptly inform Moonwatcher of any unauthorized uses of your Account or any other security breaches. Moonwatcher shall not be held liable for any actions or oversights on your part, including any resulting damages. Moonwatcher adheres to the policy that, if your account information or Content stored on our servers is requested for the purpose of a legal investigation, we will apprise you of this request before disclosure, unless such notification is restricted by applicable law.
If you make (or allow any third party to make) any of your Content available by means of our Service, you are entirely responsible for the content of, and any harm resulting from, that Content. You confirm and warrant that your Content does not violate the rights of any third party, is free of harmful content, and adheres to all relevant laws and regulations. By making your Content accessible on Moonwatcher, or any third-party site through our Service, you represent and warrant that: The downloading, copying, and use of the Content will not infringe upon the proprietary rights of any third party, including but not limited to copyright, patent, trademark, or trade secret rights. If your employer holds rights to the intellectual property you create, you have obtained permission from them to make the Content available, or you have secured a waiver regarding all rights to the Content. You have fully complied with any third-party licenses related to the Content and have taken all necessary steps to convey any required terms to end users. The Content is devoid of viruses, worms, malware, Trojan horses, or any other harmful or destructive content. Without limiting any of those representations or warranties, Moonwatcher has the right (though not the obligation) to, in Moonwatcher's sole discretion refuse or remove any Content that, in Moonwatcher's reasonable judgment, violates any Moonwatcher policy or is in any way harmful or objectionable or terminate or deny access to and use of the Website to any individual or entity for any reason, in Moonwatcher's sole discretion.
Moonwatcher has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Moonwatcher links, and that link to Moonwatcher. Moonwatcher does not have any control over those non-Moonwatcher websites and webpages and is not responsible for their contents or their use. By linking to a non-Moonwatcher website or webpage, Moonwatcher does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Moonwatcher disclaims any responsibility for any harm resulting from your use of non-Moonwatcher websites and webpages.
As Moonwatcher asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Moonwatcher violates your copyright, you are encouraged to notify Moonwatcher. Moonwatcher will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Moonwatcher will terminate a user's access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Moonwatcher or others.
Moonwatcher reserves the right, at its sole discretion, to modify or replace any part of this Agreement. In the event of such modifications or replacements, the updated version will be published on our website. It is your responsibility to periodically review this Agreement for any changes. Your continued use of or access to the Website after any changes to this Agreement are posted constitutes acceptance of those changes. Additionally, Moonwatcher may, in the future, introduce new services and/or features through the Website, including the release of new tools and resources. Such new features and/or services will be governed by the terms and conditions of this Agreement.
Moonwatcher reserves the right to terminate your access to all or any part of our Service, and/or permanently delete any Content and data associated with your Account, at any time, with or without cause, with or without notice, effective immediately. If you desire to terminate this Agreement or your Moonwatcher Account (if applicable), you can simply cease using the Website. All provisions of this Agreement that, by their nature, should survive termination will continue to be in effect, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Website is provided "as is." Moonwatcher and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Moonwatcher nor its suppliers and licensors make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from or otherwise obtain content or services through the Website at your own discretion and risk.
In no event will Moonwatcher, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: any special, incidental or consequential damages the cost of procurement for substitute products or services interruption of use or loss or corruption of data. Moonwatcher shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that: your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Moonwatcher, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire Agreement between Moonwatcher and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Moonwatcher, or by the posting by Moonwatcher of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Federal Republic of Germany, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Berlin, Germany. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Moonwatcher may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.