Engauge AI Terms of Use

Last Updated: September 1, 2024

By accessing or using Engauge AI, software owned and developed by XCINEX Corporation ("XCINEX"), you agree to the following terms and conditions.

1. Service Description

Engauge AI is a browser-based SaaS platform that uses the camera on the survey participant's device to detect the number of viewers, demographics, and emotional engagement in real-time, on a second-by-second basis. While the current version of the platform utilizes only the camera, future updates may also incorporate the microphone to enhance data collection and analysis capabilities.

2. Privacy Assurance

• No images, videos, or audio recordings of survey participants are captured or stored by default.
• All detection occurs entirely within the survey participant's browser, ensuring maximum privacy.

3. Data Usage for System Training

To improve our system and develop better models for understanding human behavior and emotional engagement, Engauge AI reserves the right to save data, including images or videos of survey participants, strictly for the purpose of training our algorithms. Any data collected for this purpose will be anonymized and handled in compliance with all applicable privacy laws and regulations. This data will never be sold, shared, or used for purposes other than enhancing our services. Data collected for training purposes will be retained only for as long as necessary, after which it will be securely deleted.

4. Subscription and Cancellation Policy

After the free trial period ends, our Service is available on a subscription basis with options for both monthly and annual plans. Users can select from different service tiers, including a customizable campaign option, and may also choose to top-up their current subscription balance as needed. The subscription terms are outlined below:

• Monthly Subscription: Users may cancel at any time. Upon cancellation, access to the Service will remain active until the end of the current billing period. No refunds will be issued for partial months.
• Annual Subscription: Users may cancel at any time. Upon cancellation, access to the Service will remain active until the end of the current month. A prorated refund will be issued for the unused months remaining in the plan.

5. Authorization to Transact

By subscribing to our Service, you authorize XCINEX to automatically charge the payment method on file for the applicable subscription fees, including any renewals, and any additional charges (such as top-ups) that you may incur. This authorization will remain in effect until you cancel your subscription or change your payment method. To cancel your subscription or update your payment method, please visit your account settings at www.engaugeai.net, or contact us at support@engaugeai.net.

6. Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles. Any disputes arising out of or relating to these terms or the use of the Service will be resolved under California law. You agree that any legal action or proceeding related to this Agreement or the use of the Service shall be brought exclusively in the federal and state courts located in California. By using the Service, you consent to the jurisdiction and venue of these courts and waive any objections to such jurisdiction or venue, including objections based on inconvenience. The language of the legal jurisdiction and proceedings shall be English.

7. Content Rights and Responsibilities

Users are solely responsible for ensuring they have the necessary rights and permissions for any content they upload or share using Engauge AI. By using the Service, Users warrant that they have obtained all necessary rights, licenses, and permissions for their content. This includes, but is not limited to:

• Intellectual Property: Users must ensure that their content does not infringe on the intellectual property rights of others, including copyrights, trademarks, and patents.
• Permissions: Users must obtain all required permissions from third parties whose content, images, or likenesses appear in their uploads. This includes ensuring that any necessary model releases, location releases, or other consents are secured.
• Compliance with Laws: Users must ensure that their content complies with all applicable laws, regulations, and industry standards, including those related to privacy, data protection, and advertising.
• Indemnification: Users agree to indemnify and hold XCINEX harmless from any claims, losses, liabilities, damages, costs, or expenses (including legal fees) arising from any breach of these responsibilities.
• Monitoring and Enforcement: XCINEX reserves the right, but does not assume the obligation, to monitor content uploaded by users and to remove any content that violates these terms or that XCINEX deems inappropriate.

8. Amendments

XCINEX reserves the right to modify these terms at any time. Any changes will be effective immediately upon posting the revised terms on the Engauge AI website. Your continued use of the Service constitutes acceptance of the modified terms.

9. Limitation of Liability

To the fullest extent permitted by law, XCINEX shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Service; (b) any unauthorized access to or use of our servers and/or any personal information stored therein.

10. Termination

XCINEX reserves the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, all provisions of these terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Miscellaneous

These terms constitute the entire agreement between you and XCINEX regarding the use of the Service and supersede any prior agreements between you and XCINEX. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

By using Engauge AI, you acknowledge that you have read, understood, and agree to be bound by these terms. For any questions or concerns about these terms, please contact us at legal@xcinex.com.

Engauge AI Survey Participation Terms

Last Updated: September 1, 2024

By participating in an Engauge AI survey, you agree to the following terms and conditions:

1. Service Description

Engauge AI is a SaaS survey product provided by XCINEX Corporation ("XCINEX") that allows content creators to A/B test their content with survey participants. As a participant:

• The Service uses the camera on your device to detect the number of viewers, demographics, and mood. Future updates may also utilize the microphone to collect data about your engagement and mood during the survey.
• No images, videos, or audio recordings of you are captured or stored by default.
• All detection is performed within your browser, ensuring your privacy.
• Your demographic data, image, video, or sound may be used to train our models, but will never be sold or shared with any third party.

2. Privacy and Data Usage

• The detection of viewers, demographics, and mood is processed in real-time within your browser, and no video or audio is transmitted to servers.
• Any data collected is anonymized and used solely for the purpose of the survey and improving the Service. Data used for training purposes will be retained only as long as necessary and then securely deleted.

3. Participation Requirements

• You must have a device with a functioning camera and a compatible browser.
• Participants must be at least 18 years old or have parental/guardian consent if under 18.
• By participating, you agree to give your browser permission to access your camera and potentially your microphone. You agree to watch the content in its entirety with the camera and possibly microphone activated and unobstructed for accurate measurement.
• If you need a break, you can pause and resume the survey, but the browser must remain open. Closing your browser or device will terminate the survey, and you may not be able to participate again.

4. Consent and Withdrawal

• By agreeing to participate, you consent to the use of your device's camera (and potentially microphone) for the duration of the survey.
• You may withdraw from the survey at any time by closing the survey window or application. However, withdrawal may result in forfeiting any reward offered for participation.

5. Governing Law

These terms are governed by the laws of the State of California, USA, without regard to conflict of law principles. Any disputes will be resolved under California law. Legal actions related to this Agreement shall be brought exclusively in California courts. You consent to the jurisdiction and venue of these courts and waive any objections, including those based on inconvenience.

6. Limitation of Liability

To the fullest extent permitted by law, XCINEX shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses resulting from (a) your participation in the survey; (b) any unauthorized access to or use of our servers and/or any personal information stored therein.

7. Termination

XCINEX reserves the right to suspend or terminate your participation in the survey at any time, with or without cause or notice. Upon termination, all provisions of these terms that should survive termination will do so, including but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Miscellaneous

These terms constitute the entire agreement between you and XCINEX regarding your participation in the survey and supersede any prior agreements. If any provision is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

By participating in an Engauge AI survey, you acknowledge that you have read, understood, and agree to be bound by these terms. For any questions or concerns about these terms, please contact us at legal@xcinex.com.

Engauge AI Privacy Policy

Last Updated: September 1, 2024

At Engauge AI, a service provided by XCINEX Corporation ("XCINEX"), we are committed to protecting the privacy and data of our clients and survey participants. This Privacy Policy explains how we collect, use, store, and protect your information when you use our service. By accessing or using Engauge AI, you agree to the terms of this Privacy Policy.

1. Information We Collect

For Clients:

• We collect business and personal information necessary for subscription management, such as your name, company name, email address, payment information, and any additional data required for providing our service.
• We may collect usage data from your interactions with our platform to improve our service offerings.

For Survey Participants:

• We use the camera on your device to detect the number of viewers, demographics, and mood in real-time during surveys. No images, videos, or audio recordings are captured or stored by default. Future updates may also utilize the microphone to collect data about engagement and mood.
• We may collect anonymized data from your survey participation to improve our models and understand human behavior and emotional engagement. This data will never be sold or shared with any third party.

2. How We Use Your Information

• Service Provision: To provide and maintain our services, process transactions, manage subscriptions, and communicate with you.
• Improvement and Development: To analyze usage data and improve our service, we may use anonymized data collected during surveys to train our algorithms.
• Compliance and Legal Obligations: To comply with applicable laws, regulations, and contractual obligations.
• Marketing and Communication: With your consent, we may use your contact information to send updates, newsletters, or promotional materials related to Engauge AI. You can opt-out at any time.

3. Data Storage and Retention

All detection of viewers, demographics, and mood for survey participants is processed in real-time within your browser. No images, videos, or audio recordings are transmitted to our servers by default.

Any data collected is anonymized and used solely for the purpose of improving our service. Data retained for training purposes will be stored only as long as necessary for these purposes and then securely deleted.

4. Sharing and Disclosure of Information

• Third-Party Service Providers: We may share your information with third-party service providers to perform tasks on our behalf (e.g., payment processing, data analysis, email delivery). These providers are bound by confidentiality agreements and are not permitted to use your information for any other purpose.
• Legal Compliance: We may disclose your information to law enforcement, government authorities, or other relevant third parties if required by law or to protect our rights, users, or services.

5. Security of Your Information

We take the security of your data seriously and use a variety of technical, administrative, and physical safeguards to protect your information against unauthorized access, use, or disclosure. While we strive to protect your data, no method of transmission over the internet or electronic storage is 100% secure.

6. Consent and Your Choices

For Clients: By subscribing to our service, you consent to the collection, use, and sharing of your information as described in this policy.

For Survey Participants: By participating in a survey, you consent to the use of your device's camera (and potentially microphone) for the duration of the survey. You may withdraw at any time by closing the survey window or application, though this may affect your eligibility for any rewards.

7. Cookies and Tracking Technologies

We may use cookies and similar tracking technologies to enhance your experience on our website. You can control the use of cookies through your browser settings, but disabling them may affect your ability to use certain features of our service.

8. Your Rights and Choices

You have the right to access, correct, or delete your personal information, as well as to object to or restrict its processing. To exercise these rights, please contact us at legal@xcinex.com.

9. Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy at any time. Any changes will be effective immediately upon posting the revised policy on the Engauge AI website. Your continued use of the service constitutes acceptance of the modified terms.

10. Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us at legal@xcinex.com.