END USER LICENSE AGREEMENT

1. Definitions

In this Agreement, the following terms have the meanings set forth below:

• "SplitStep AI," "we," "us," or "our" refers to SplitStep AI Inc., a Delaware corporation.
• "Services" refers collectively to Tater (our web-based application) and our cloud processing services for video analysis.
• "Tater" refers to our web-based application that provides client-side video processing and analysis capabilities.
• "Cloud Services" refers to our cloud-based video processing service where users upload videos for analysis.
• "User," "you," or "your" refers to any individual or entity that accesses or uses our Services.
• "User Content" refers to any videos, images, data, or other materials that you upload, submit, or provide to our Services.
• "Output Data" refers to the analytical results, statistics, insights, visualizations, and other data generated by our Services based on your User Content.
• "Models" refers to our machine learning models, algorithms, and artificial intelligence systems.

2. Acceptance of Terms

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy. This Agreement constitutes a legally binding agreement between you and SplitStep AI Inc.

3. License Grant

3.1 License to Use Services

Subject to your compliance with this Agreement, SplitStep AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your personal or internal business purposes only.

3.2 Restrictions

You agree not to:

• Copy, modify, distribute, sell, or lease any part of our Services;
• Reverse engineer, decompile, or attempt to extract the source code of our Services or Models;
• Use our Services for any illegal purpose or in violation of any applicable laws;
• Attempt to gain unauthorized access to our systems or networks;
• Use our Services to develop competing products or services;
• Remove, alter, or obscure any proprietary notices on our Services;
• Use any automated system, including robots, spiders, or scrapers, to access our Services without our prior written permission;
• Interfere with or disrupt the integrity or performance of our Services.

4. Data Collection and Usage

4.1 Tater (Web-Based Application)

When using Tater:

• Client-Side Processing: Videos are processed on your local device (client-side). Your videos and any labeling information you create are NOT stored on our servers.
• Inference Calls: Our Models are hosted on our servers. When you use Tater, inference calls (requests for analysis) are sent to our cloud infrastructure, but the results are not stored.
• Right to Modify: We reserve the right to modify our data collection and storage practices for Tater in the future. Any material changes will be communicated to users, and continued use of Tater after such notification will constitute acceptance of the updated terms.
• Payment Information: We collect and store only the personal information necessary to process payments for our Services.

4.2 Cloud Services (Video Upload and Processing)

When using our Cloud Services:

• Video Storage: Videos you upload are stored on our secure cloud infrastructure.
• Associated Data: We store the videos and any information you provide with those videos (metadata, titles, descriptions, etc.).
• Retention: We retain your uploaded videos and associated data indefinitely unless you request deletion or terminate your account.
• Processing: Your videos may be processed by third-party service providers acting on our behalf under confidentiality obligations.

5. Intellectual Property Rights

5.1 Your Content - Ownership and License Grant

Cloud Services: When you upload User Content to our Cloud Services:

• You Retain Ownership: You retain all ownership rights to your User Content.
• License to SplitStep AI: You grant SplitStep AI a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, create derivative works from, and process your User Content for the following purposes:
  • Providing, maintaining, and improving our Services;
  • Training, developing, and improving our Models and algorithms;
  • Research and development purposes;
  • Creating derivative analytical works and insights;
  • Any other purpose related to our business operations.
• Prohibition on Direct Sale: We will not directly sell, license, or distribute your original User Content (videos) to third parties as standalone products.
• Third-Party Contractors: We may share your User Content with trusted third-party contractors and service providers who assist us in operating our Services, subject to confidentiality obligations.

5.2 Output Data Ownership

All Output Data generated by our Services from your User Content is the exclusive property of SplitStep AI. This includes, but is not limited to:

• Statistical analysis and metrics;
• Tracking data and movement analysis;
• Performance insights and recommendations;
• Visualizations and graphical representations;
• Any other analytical results produced by our Services.

SplitStep AI grants you a non-exclusive, non-transferable, non-sublicensable license to use the Output Data generated from your User Content for your personal or internal business purposes, subject to the restrictions in Section 5.3.

5.3 Restrictions on Output Data Use

You agree that you will NOT:

• Commercial Resale: Resell, redistribute, sublicense, or otherwise commercially exploit the Output Data without our express written consent;
• Public Sharing: Share, publish, or distribute the Output Data publicly or non-commercially without our express written consent;
• Competitive Use: Use the Output Data to train, develop, or improve any machine learning models, algorithms, or artificial intelligence systems, whether for your own use or for third parties;
• Competing Products: Use the Output Data to develop, support, or enhance any products or services that compete with SplitStep AI's Services;
• Third-Party Training: Provide the Output Data to any third party for the purpose of training their algorithms or models.

5.4 Permitted Uses of Output Data

You MAY use the Output Data for:

• Your personal analysis and improvement;
• Internal business purposes (e.g., coaching, training, performance analysis);
• Sharing with coaches, trainers, or students in a private coaching or training context;
• Team or organizational analysis and development;
• Any other non-commercial, personal, or internal use that does not compete with our Services.

5.5 SplitStep AI Intellectual Property

All rights, title, and interest in and to the Services, including all software, Models, algorithms, technology, designs, trademarks, and any other intellectual property, are and will remain the exclusive property of SplitStep AI. This Agreement does not grant you any ownership rights to our intellectual property.

6. User Warranties and Representations

You represent and warrant that:

• You have all necessary rights, licenses, and permissions to upload and use any User Content with our Services;
• Your User Content does not infringe, violate, or misappropriate any third-party rights, including intellectual property rights, privacy rights, or publicity rights;
• You have obtained all necessary consents, releases, and permissions from any individuals appearing in your User Content;
• Your User Content does not contain any illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material;
• You will use the Services in compliance with all applicable laws and regulations;
• You are at least 18 years of age or have parental/guardian consent to use our Services;
• All information you provide to us is accurate, current, and complete.

7. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with this Agreement. Specifically, you agree not to:

• Upload any User Content that depicts illegal activities or violates any laws;
• Upload User Content containing malware, viruses, or any malicious code;
• Use the Services to harass, abuse, or harm another person;
• Upload content depicting minors without proper consent and legal compliance;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Use the Services in any manner that could disable, overburden, or impair our servers or networks;
• Attempt to circumvent any security features or access controls of our Services.

8. Service Modifications and Updates

SplitStep AI reserves the right to:

• Modify, suspend, or discontinue any aspect of the Services at any time without notice;
• Update, modify, or improve our Models and algorithms;
• Change our data collection, storage, and processing practices, particularly for Tater;
• Impose limits on certain features or restrict access to parts of the Services;
• Update this Agreement from time to time.

We will make reasonable efforts to notify users of material changes to the Services or this Agreement. Your continued use of the Services after such modifications constitutes your acceptance of the updated terms.

9. Payment Terms

9.1 General Payment Terms

If you purchase a subscription or pay for our Services:

• You agree to pay all applicable fees as described at the time of purchase;
• We bill on a monthly basis for subscription services;
• We may change our pricing at any time, but price changes will not affect your current billing cycle;
• You authorize us to charge your payment method for all applicable fees;
• You are responsible for providing accurate and current billing information;
• Failure to pay may result in suspension or termination of your access to the Services.

9.2 Free Trials

We offer free trials for certain Services:

• Tater: We offer a 7-day free trial period for new users of Tater. During this trial period, you may use Tater without charge and without providing payment information. At the end of the trial period, you will need to provide payment details to continue using Tater. If you do not provide payment information, your access to Tater will be suspended until payment details are provided.
• Automatic Pipeline: We offer a free processing trial for 3 matches through our automatic data extraction pipeline. This trial allows you to process up to 3 matches without charge and without providing payment information. After processing 3 matches, you will need to provide payment details to continue using the automatic pipeline service.
• Free trials are subject to availability and may be modified or discontinued at any time at our discretion.

9.3 Refund Policy

Refunds for Billing Mistakes: We will issue refunds only in cases of billing errors or mistakes on our part, such as:

• Duplicate charges for the same service period;
• Charges for services you did not authorize or receive;
• Incorrect billing amounts due to our error;
• Charges processed after you have properly cancelled your subscription in accordance with our cancellation procedures.

To request a refund for a billing mistake, please contact us at support@splitstep.ai within 30 days of the charge. We will review your request and, if we determine a billing error occurred, we will process a refund within 10 business days.

No Other Refunds: Except for billing mistakes as described above, we do not provide refunds for:

• Unused portions of your subscription;
• Dissatisfaction with the Services (that's what the free trial is for);
• Technical issues that do not prevent access to the Services;
• Changes to your business needs or circumstances;
• Any other reason not specifically listed as a billing mistake.

10. Data Security and Privacy

We implement reasonable security measures to protect your User Content and data. However, no method of transmission or storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.

For more information about how we collect, use, and protect your data, please review our Privacy Policy.

11. Account Termination

11.1 Termination by You

You may terminate your account at any time by contacting us. Upon termination:

• Your access to the Services will be revoked;
• For Cloud Services, you may request deletion of your User Content, subject to our data retention policies and legal obligations;
• SplitStep AI retains the right to continue using any data derived from your User Content for Model training and improvement purposes;
• Your license to use Output Data will terminate, except for data you have already lawfully incorporated into your internal records.

11.2 Termination by SplitStep AI

We reserve the right to suspend or terminate your account and access to the Services at any time, with or without notice, for any reason, including but not limited to:

• Violation of this Agreement;
• Fraudulent, abusive, or illegal activity;
• Non-payment of fees;
• At our sole discretion for operational or business reasons.

12. Disclaimer of Warranties

13. Limitation of Liability

14. Indemnification

You agree to defend, indemnify, and hold harmless SplitStep AI, its officers, directors, employees, agents, affiliates, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of or access to the Services;
• Your violation of this Agreement;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights;
• Your User Content;
• Any claim that your User Content caused damage to a third party;
• Your violation of any applicable laws or regulations.

15. Governing Law and Dispute Resolution

15.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

15.2 Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to this Agreement or the Services shall be instituted exclusively in the federal or state courts located in Delaware. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

15.3 Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Delaware before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15.4 Exceptions

Notwithstanding the above, SplitStep AI may seek equitable relief (including injunctive relief) in any court of competent jurisdiction to protect its intellectual property rights. Users must pursue all claims, including intellectual property claims, through arbitration as described above.

16. Export Compliance

You agree to comply with all applicable export and import control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.

17. General Provisions

17.1 Entire Agreement

This Agreement, together with our Privacy Policy and any other legal notices published by us on the Services, constitutes the entire agreement between you and SplitStep AI concerning the Services.

17.2 Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. SplitStep AI's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

17.3 Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

17.4 Assignment

You may not assign or transfer this Agreement or any rights or obligations hereunder without SplitStep AI's prior written consent. SplitStep AI may assign this Agreement without restriction. Any attempted assignment in violation of this section shall be void.

17.5 Force Majeure

SplitStep AI shall not be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

17.6 Survival

The provisions of this Agreement that by their nature should survive termination shall survive, including but not limited to Sections 5 (Intellectual Property Rights), 6 (User Warranties), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), and 15 (Governing Law and Dispute Resolution).

17.7 Updates to Agreement

We reserve the right to modify this Agreement at any time. We will notify users of material changes by posting the updated Agreement on our website and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the updated Agreement.

18. Contact Information

If you have any questions about this Agreement or our Services, please contact us at:

SplitStep AI Inc.
Email: legal@splitstep.ai
Website: https://splitstep.ai

19. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT ACCESS OR USE OUR SERVICES.