Terms of Service

Last updated: January 24, 2025

1. Agreement to Terms

By accessing or using Material Model's services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

Material Model provides AI-powered time and motion study analysis services. We process video data to generate structured element breakdowns, work-step timing, and statistical analysis through our web-based portal.

3. Account Registration

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Notify us immediately of any breach of security or unauthorized use
• Take responsibility for all activities under your account

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Upload content that infringes on intellectual property rights
• Upload malicious code or interfere with the Service's operation
• Attempt to gain unauthorized access to any portion of the Service
• Upload content that violates the privacy rights of individuals
• Use the Service for any unlawful or unauthorized purpose

5. Data Processing and Privacy

Your use of our Service is also governed by our Privacy Policy. By using the Service, you consent to:

• The collection and use of information as outlined in our Privacy Policy
• Processing of uploaded video content for analysis purposes
• Storage of processed data for the agreed retention period
• Use of third-party AI services (Google, OpenAI, Anthropic) for processing

6. Intellectual Property Rights

6.1 Your Content

You retain all rights to the content you upload to the Service. By uploading content, you grant Material Model a limited, non-exclusive license to process and analyze your content solely for providing the Service.

6.2 Our Service

The Service, including all software, algorithms, and analytical methods, is owned by Material Model and protected by copyright, trademark, and other intellectual property laws.

7. Payment Terms

If you subscribe to a paid plan:

• You agree to pay all fees according to your selected plan
• Fees are non-refundable except as required by law
• We may change pricing with 30 days notice for monthly plans or at renewal for annual plans
• You authorize us to charge your payment method for recurring fees

8. Data Security and Retention

We implement industry-standard security measures including:

• End-to-end encryption (TLS for transit, AES-256 at rest)
• Private VPC infrastructure on Google Cloud Platform
• Role-based access controls and audit logging
• Regular backups with 14-day retention (customizable for enterprise)

You may request deletion of your data at any time by contacting security@materialmodel.com.

9. Third-Party Services

Our Service uses third-party AI providers under Zero Data Retention agreements. These providers will not store your data beyond processing or use it for model training.

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 Limitation of Liability

IN NO EVENT SHALL MATERIAL MODEL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

10.3 Maximum Liability

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO MATERIAL MODEL IN THE TWELVE MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold Material Model harmless from any claims, losses, or damages arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Termination

We may terminate or suspend your account immediately, without prior notice, for:

• Breach of these Terms
• Request by law enforcement or government agencies
• Unexpected technical or security issues
• Extended periods of inactivity
• Non-payment of fees

You may terminate your account at any time by contacting support. Upon termination, your right to use the Service will immediately cease.

13. Governing Law

These Terms shall be governed by the laws of the State of California, without regard to its conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in San Francisco County, California.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes at least 30 days before they take effect. Continued use of the Service after changes constitutes acceptance.

15. Severability

If any provision of these Terms is held to be unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements you enter with Material Model, constitute the entire agreement between you and Material Model regarding the Service.

17. Contact Information

For questions about these Terms, please contact us at:

18. Special Terms for Enterprise Customers

Enterprise customers may be subject to additional terms as specified in their individual agreements. In case of conflict, the enterprise agreement terms shall prevail.