Effective: August 25, 2019
Welcome to Plate Recognizer (“Plate Recognizer”, “we”, “our” or “us”). These Terms of Service (the “Terms of Service” and/or “Terms”) contain the legal terms and conditions that govern your use of and access to https://PlateRecognizer.com and any related sites (the “Site”) and our documentation, customer support, content, software code (including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via the Website) (collectively as “Plate Recognizer Properties”, “Properties”, or “Services”) are the copyrighted and patented work of Plate Recognizer. Please review these Terms of Service carefully before using the Services.
If you have entered into a separate paid Enterprise Agreement with us for specific services, then the terms of that agreement supercede if it conflicts with these Terms.
By using the Plate Recognizer Properties, clicking on the “I Agree” checkbox, completing the registration process, and/or browsing the Site or downloading any of our software, you represent that (1) you have read, understand, and agree to be bound by the Terms of Service, (2) you are of legal age to form a binding contract with Plate Recognizer, and (3) you have the authority to enter into the Terms of Service personally or on behalf of the company or other organization you have named as the user, and to bind that entity to these Terms of Service. In the event you are agreeing to these Terms of Service on behalf of a company or organization, “you” and “your” will refer to the entity you are representing.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Service and any applicable Supplemental Terms are referred to herein as the “Terms.”
1.1 Plate Recognizer May Discontinue the Services. Plate Recognizer may choose to modify or discontinue the Services, including any portions of the Services as we update our offerings and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you.
1.2 Plate Recognizer May Modify These Terms. Plate Recognizer may update these Terms from time to time. The most current version of these Terms will be posted on Site. When changes are made, Plate Recognizer will make the Terms available on the Site and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site or Software. We will also update the “Last Updated” date at the top of the Terms of Service. Any changes to the Terms will be effective immediately for new and existing users of the Plate Recognizer Properties and, for all other users, any changes to the Terms will be effective thirty (30) days after posting notice of such changes on the Site, or within or through the affected Service on the Site, as applicable. If we determine at our sole discretion that an update is material, we will notify you through the Service and/or by email to the email address associated with the Administrator (defined below) for your account. We may also inform you of updates to the Terms in our blogs. We may require you to provide consent to the updated Terms in a specified manner before further use of the Plate Recognizer Properties is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Plate Recognizer Properties. Otherwise, your continued use of the Plate Recognizer Properties constitutes your acceptance of such change(s). Please check the Site regularly to view our then-current Terms.
1.3 Legal Use of License Plate Recognition. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the collection, use, and storage of license plate data. By subscribing to the service, you represent that the software will be used only in a lawful manner. If the Plate Recognizer software cannot be used lawfully in your jurisdiction (including cases where Plate Recognizer software processes, transmits, or retains data that would violate local laws), you must discontinue use of Services immediately and uninstall any associated Plate Recognizer software. Plate Recognizer is not liable for your use of license plate recognition technology in an unlawful manner.
1.5 Your Account. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by our registration form (“Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are not a person barred from using the Plate Recognizer Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You agree not to create an account using a false identity or information. You agree not to create an account or use the Plate Recognizer Properties if you have been previously removed by Plate Recognizer, or if you have been previously banned from any of the Plate Recognizer Properties. It is your responsibility to safeguard the login and password that you use to access the Services and the Forums and you agree not to share your login and password with any third party, including not sharing your login amongst two or more users. You are responsible for any activity originating from your account, regardless of whether such activity is authorized by you. You should notify Plate Recognizer immediately of any unauthorized use of your account.
1.6 Use of the Plate Recognizer Properties. Subject to compliance with these Terms of Service, Plate Recognizer grants to you a limited, non-exclusive, non-transferrable, non-sublicensable right to: (i) access and use the Plate Recognizer Properties for your internal business purposes; (ii) use the Documentation in support of such access and use of the Plate Recognizer Properties; and (iii) reproduce portions of the Plate Recognizer Properties for the sole purpose of using the Plate Recognizer Properties for your internal business purposes. Unless otherwise specified by Plate Recognizer in a separate license, your right to use any Plate Recognizer Properties is subject to the Terms.
1.7 Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: You may not
- (i) copy, modify, host, sublicense or resell the Services;
- (ii) frame or utilize framing techniques to enclose any trademark, logo, or other Plate Recognizer Properties (including images, text, page layout or form) of Plate Recognizer;
- (iii) use metatags or other “hidden text” using Plate Recognizer’s name or trademarks;
- (iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Plate Recognizer Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law;
- (v) use any manual or automated software devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
- (vi) access the Plate Recognizer Properties in order to build a similar or competitive website, application or services; (vii) remove or destroy any copyright notices or other proprietary markings contained on or in the Plate Recognizer Properties;
- (viii) access or attempt the access the Services by any means other than what Plate Recognizer provides or expressly allows;
- (ix) modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, Plate Recognizer, or any other Plate Recognizer service;
- (x) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, without the express written permission by Plate Recognizer;
- (xi) transmit any worms or viruses or any code of a destructive nature; or circumvent any use restrictions put into place to prevent certain uses of the Services;
- (xii) violate any intellectual property right of any third party or behave in a manner that is unlawful, or otherwise in violation of our Community Guidelines;
- (xiii) misrepresent your affiliation with a person or entity;
- (xiv) attempt to disable, impair, or destroy the Services or disrupt or inhibit any other user from using the Services;
- (xv) market or advertise through the Services;
- (xvi) use any data mining or similar data gathering and extraction methods in connection with the Services; or
- (xvii) use the Plate Recognizer Properties to violate any applicable law.
1.8 Availability of the Services. Information describing the Services is accessible worldwide but this does not mean the Services or certain portions of the Services are available in your country. We may restrict access to portions of the Services in certain countries. It is your responsibility to make sure your use of the Services is legal in the country where you reside. The Services may not be available in all languages. If at Plate Recognizer’s reasonable determination, you are using the Plate Recognizer Properties in a manner that violates your region’s laws, creates an excessive burden or potential adverse impact on Plate Recognizer’s systems, in addition to any of its other rights or remedies, Plate Recognizer may, without liability to Plate Recognizer, immediately suspend your access to the Plate Recognizer Properties.
1.9 Plate Recognizer Proprietary Rights. Except with respect to your Data and your User Content (defined below), you agree that Plate Recognizer and our suppliers own all rights, title and interest in the Plate Recognizer Properties and Content. Plate Recognizer’s Software and other technology that may be used to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Plate Recognizer Properties. These terms do not grant you any right, title, or interest in any of the Plate Recognizer Properties or any Content other than your Data and your User Content. These Terms do not grant you any rights to use the Plate Recognizer trademarks, logos, domain names, or other brand features.
1.10 Your Feedback. We appreciate your ideas, comments, suggestions, documents and/or proposals (“Feedback”). You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant Plate Recognizer a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback.
1.11 Fees. Fees for our Services may change from time to time to reflect market conditions, our costs and other factors. When pricing changes, we will give you 30 days notice before any pricing changes take into effect. You acknowledge that there are no refunds for perpetual software licenses, since we offer an optional free trial for you to first test the software before purchase.
1.12 Annual Software Maintenance. Software Maintenance include enhancements, fixes, support, or upgrades that will allow the software to continue to function as originally specified, or to perform enhanced functions within the original scope of the system. Software Maintenance services are included for customers who purchase a monthly, quarterly or annual subscription of our Services. If you are purchasing the perpetual software licenses, you acknowledge that you have the option to purchase an Annual Software Maintenance at the time you purchase the software license. If you choose not to purchase the Annual Software Maintenance, then you will not receive Software Maintenance services.
2. Data Privacy
2.1 Your Data. Use of the Services may depend on your transmission of certain data (your “Data”). You retain all rights and ownership in your Data. We do not claim any ownership rights in your Data. You represent and warrant that you have the necessary rights and licenses required to provide your Data to Plate Recognizer in connection with your use of the Services and that by providing your Data in this manner, you will not violate any intellectual property rights of third parties, confidential relationships, contractual obligations or laws. Without limiting the generality of the foregoing, you shall provide all notices to, and obtain any consents from, any data subject as required by any applicable law (including but not limited to data privacy rules established by the European General Data Protection Regulation), rule or regulation in connection with the processing of any personally identifiable information of such data subjects via the Services by Plate Recognizer and/or you. You shall be solely responsible for ensuring that any processing of Data by Plate Recognizer and/or you via the Services does not violate any applicable laws. You shall not process or submit to the Services any Data that includes any: (i) “personal health information,” as defined under the Health Insurance Portability and Accountability Act, unless it enters into a separate agreement with Plate Recognizer relating to the processing of such data; (ii) government issued identification numbers, including Social Security numbers, driver’s license numbers and other state-issued identification numbers; (iii) financial account information, including bank account numbers; (iv) payment card data, including credit card or debit card numbers; (iv) “sensitive” or “personal” data, as defined under European Union Regulation 2016/679; or (v) “sensitive” personal data, as defined under Directive 95/46/EC of the European Parliament (“EU Directive”) and any national laws adopted pursuant to the EU Directive, about residents of Switzerland and any member country of the European Union, including racial or ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental health or condition, sexual life, or the commission or alleged commission any crime or offense.
2.2. Data Encryption. You acknowledge that it is your responsibility to encrypt the transmission of your Data should you wish to protect it. In the event you decide not to utilize encryption and transmit your Data unencrypted over a network, you assume all related risks for doing so. Plate Recognizer will not be liable for any liabilities arising from your use of the Services (including your transmission of Data) over the internet or other network.
2.3 Data to Improve Plate Recognizer. From time to time, Plate Recognizer may review and analyze the data you have transmitted to Plate Recognizer—either through the Services or through electronic communications—for purposes of improving our Services. You acknowledge that you permit Plate Recognizer to do so without any advanced notice required.
2.4 Plate Recognizer Stores Your Data in the United States. Plate Recognizer provides the Service from the United States. By using and accessing the Service, you understand and agree to the storage and processing of your Data and any other information you choose to provide in the United States. Plate Recognizer reserves the right to store and process your Data and any other information you choose to provide outside of the United States and will endeavor to give you 30 days’ notice in the event of such a change.
2.5 Payment. We use a third-party payment provider (e.g. PayPal) to collect payment for our Services. We do not collect or store your credit card payment, but our third-party payment provider does. You acknowledge that you do not to hold Plate Recognizer liable for any payment security breaches, as that is outside of our domain.
2.6 Late Payment. Plate Recognizer has the right to terminate or pause our Services due to any late payments, that is defined as seven (7) calendar days after the scheduled subscription payment time.
3.1 Commercial Services. Plate Recognizer offers several types of paid Services, including, but not limited to, API Cloud and On Premise Software services.
3.2 On-Premise Software License. Use of any of our software and associated documentation that is made available via the Site or the Services (each an “Software”) is governed by the Terms herein. You will not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the Terms herein. At no time will Plate Recognizer provide you with any tangible copy of a Software. Plate Recognizer shall deliver access to the Software via electronic transfer or download and shall not use or deliver any tangible media in connection with the (i) delivery, installation, updating or problem resolution of any Software (including any new releases); or (b) delivery, correction or updating of documentation. Any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. If the Software is a pre-release or beta version, then, except for anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial purposes. If no license agreement accompanies use of the Software, use of the Software will be governed by the Terms. Subject to your compliance with the Terms, Plate Recognizer grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Terms.
3.3 Updates. You understand that the Plate Recognizer Properties are evolving. As a result, Plate Recognizer may require you to accept updates to the Plate Recognizer Properties that you have installed on your computer, camera or other device. You acknowledge and agree that Plate Recognizer may update the Plate Recognizer Properties with or without notifying you. You may need to update third-party software from time to time in order to use the Plate Recognizer Properties.
3.4 Support. Technical support is only provided to users of Commercial Services based on your specific purchased Service. If you are using the Service via a Free account, Plate Recognizer provides support via the Forums and access to Plate Recognizer installation guides and other documentation related to the Service.
3.5 Lookup. A Lookup is defined as any image sent to our software or services regardless of whether or not a license plate or other attributes are returned.
3.6 Free Trials and Other Promotions. Any free trial or other promotion that provides you with free access to Services must be used within the specified time of the trial. You agree to use the free trial of the Services solely for the purposes of evaluating the Services and not for a customer deployment or production environment. If you are found using the free trial of our Services in a customer deployment or production environment, you agree to pay us the amount equivalent to the services used based on the most-current prices published on our Website. By way of example, if you used our free trial in a production environment for a period of three (3) months, then you will pay three (3) months equivalent to the plan used. At the end of the trial period, your use of that Commercial Service will expire and any further use of such Service is prohibited unless you pay the applicable fees or are downgraded to a Free account (if available). We may end the free trial at any time without written notice.
3.7 Account Administrators. You may specify end users as “Administrators” through the administrative console of the Services. Administrators may have the ability to access, disclose, restrict or remove Data in or from Services accounts. Administrators may also have the ability to monitor, restrict, or terminate access to Services accounts for their end users. Plate Recognizer responsibilities do not extend to your internal management or administration of the Services. You are responsible for: (i) maintaining the confidentiality of passwords of your account and any Administrator accounts; (ii) managing access to Administrator accounts; and (iii) ensuring that Administrators’ use of the Services complies with this Agreement.
3.8 Unauthorized Use & Access. You will prevent unauthorized use of the Services by your Administrators and your end users and terminate any unauthorized use of or access to the Services. You will promptly notify Plate Recognizer of any unauthorized use of or access to the Services.
3.9 Third Party Technology. The Services may contain links to third party websites or technology (for example, we may host a library of plugins created by entities other than Plate Recognizer) (“Third Party Technology”). Plate Recognizer does not endorse and is not responsible for or liable for the products or services provided by such third parties. Plate Recognizer is not responsible for the operation or functionality of such Third Party Technology. You are solely responsible for your use of any Third Party Technology. In addition, we may provide you with software governed by an open source license. If there are provisions in those open source licenses that expressly conflict with these Terms, the relevant open source license terms will apply. ANY THIRD PARTY TECHNOLOGY DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH YOUR USE OF THE PLATE RECOGNIZER PROPERTIES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH THIRD PARTY TECHNOLOGY.
You agree to indemnify and hold Plate Recognizer, its parents, subsidiaries, affiliates, officers, employees, resellers or other partners and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your Data, or the use thereof, including but not limited to allegations that any processing of your Data by Plate Recognizer and/or you under this Agreement violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party, your User Content, your use of the Plate Recognizer Properties, your violation of these terms, or your violation of any law.
5. Service Availability
The Service is Available “AS-IS” AND WITHOUT WARRANTY. PLATE RECOGNIZER PROVIDES THE PLATE RECOGNIZER PROPERTIES “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOUR USE OF THE PLATE RECOGNIZER PROPERTIES IS AT YOUR OWN RISK. PLATE RECOGNIZER PROVIDES THE PLATE RECOGNIZER PROPERTIES WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Plate Recognizer makes no warranty or condition that the Plate Recognizer Properties will meet your requirements or be uninterrupted, timely, secure or error-free. Plate Recognizer makes no warranty or condition that results obtained from your use of the Plate Recognizer Properties will be accurate or reliable or that any errors in the Plate Recognizer Properties will be corrected. Plate Recognizer will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Plate Recognizer Properties. No advice or information, whether oral or written, obtained by you in connection with your use of the Plate Recognizer Properties shall create any warranty not expressly stated in these Terms. FROM TIME TO TIME, PLATE RECOGNIZER MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OR CONDITION OF ANY IND, AND MAY BE MODIFIED OR DISCONTINUED AT ANY TIME AT OUR SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES AND TOOLS. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
6. Limitation of Liability
Plate Recognizer’s Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW AND IN NO EVENT WILL PLATE RECOGNIZER, ITS AFFILIATES, OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT PLATE RECOGNIZER HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. PLATE RECOGNIZER’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, THE SITE, AND THE FORUMS WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS (U.S. $50) OR THE AMOUNTS YOU PAID TO PLATE RECOGNIZER IN THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLATE RECOGNIZER AND YOU. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
We reserve the right to suspend or cease providing the Plate Recognizer Properties or any portion of the Plate Recognizer Properties, at any time, with or without cause, and with or without notice. We may suspend or terminate your use of the Plate Recognizer Properties if you are not complying with these Terms, or if you use the Services in any way that could cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will attempt to let you know in advance. If you want to terminate the Services at any time, you may do so by (a) notifying Plate Recognizer and (b) closing your account for the Services that you use. Your written notice should be sent to Plate Recognizer’s address set forth in the Notice section below or to: contact@PlateRecognizer.com.
8. Effect of Termination
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and data associated with or inside your account, including your Data. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of your Data associated therewith from our live databases. Plate Recognizer will not have any liability whatsoever to you for any suspension or termination, including for deletion of your Data. All provisions of these Terms, which by their nature should survive, shall survive termination of Services, including without limitation ownership provisions, warranty disclaimers and limitations of liability.
9. Electronic Communications
The communications between you and Plate Recognizer use electronic means, whether you visit the Plate Recognizer Properties or send us e-mails, or whether we post notices on the Plate Recognizer Properties or communicate with you via e-mail. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. Your consent in this section does not affect your statutory rights.
Where Plate Recognizer requires that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
11. Export Control
You may not use, export, import or transfer the Plate Recognizer Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Plate Recognizer Properties and any other applicable laws. In particular, but without limitation, the Plate Recognizer Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone of the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Plate Recognizer Properties, 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. You also will not use the Plate Recognizer Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Plate Recognizer are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Plate Recognizer Properties, or any portion thereof, either directly or indirectly, to any country in violation of such laws and regulations.
12. Government Use
If you are a U.S. government entity, you acknowledge that any Services provided are “Commercial Items” as defined at 48 C.F.R. 2.101, and are being provided as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.
13. Governing Law
The Terms and any action related thereto will be governed and interpreted by and under the law of the State of California, without giving effect to any principles that provide for the application of the law of another jurisdiction.
14. General Terms
These Terms constitute the entire and exclusive agreement between Plate Recognizer and you with respect to the Services and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms constitute the entire and exclusive agreement between Plate Recognizer and you with respect to the Plate Recognizer Properties and supersede and replace any other agreements, terms and conditions applicable to the Services. Purchase orders placed by you shall be for the sole purpose of specifying the Commercial Services that you wish to purchase. Any other terms stated in any purchase order delivered to Plate Recognizer by you, other than pursuant to an Order Form supplied by Plate Recognizer, shall have no effect. These Terms create no third party beneficiary rights. Plate Recognizer’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Plate Recognizer may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. You and Plate Recognizer are not legal partners or Software; but rather we have an independent contractor relationship. Plate Recognizer will not be responsible for any failure to perform or delay in performing any of its obligations under these Terms where and to the extent that such failure or delay results directly or indirectly from an event beyond Plate Recognizer’s reasonable control.
15. Copyright Infringement
Plate Recognizer respects the intellectual property rights of others and we expect our users to do the same. We respond to notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been infringed in connection with the Services or access to your content was disabled or removed by Plate Recognizer as a result of an improper copyright infringement notice, please notify contact@PlateRecognizer.com.