In order to participate in a demonstration of Clearview AI’s facial recognition image-search products and services (the “ClearviewApp”), you must agree to this Consent & Release set out below and by participating in the Demonstration, you agree that such participation shall be subject to this Consent & Release.
CONSENT & RELEASE TERMS AND CONDITIONS
- For the purposes of this Consent & Release, references to “we,” “our” “us” or “Clearview” shall be to Clearview AI, Inc., a Delaware corporation and its affiliates and subsidiaries. References to “you,” “your” and similar words in this Consent & Release are to the individual registering for the Demonstration and agreeing to be bound by the terms of this Consent & Release. References to “Demonstration” shall mean the online or in-person demonstration of Clearview’s facial recognition image-search products and services that you are participating in. You hereby represent and warrant that you have all necessary right, authority and consent to enter into the terms of this Consent & Release.
- Notice and Consent: In connection with the Demonstration, you acknowledge that you fully understand and consent to the following:
- Any real time webcam captured photo of you, photographic images of you, or the images you provide (“Images”) will be created and stored on a Clearview-owned device or account and within the search history of the Clearview App. You consent to the capture and storage of such Images for so long as reasonably necessary for the purposes described in this Consent & Release. You may not provide Images that consist of an individual 16 years or younger unless such Images concern conduct or activity that you reasonably and in good faith believe may violate federal, state, or local law.
- The Clearview App will automatically generate an internal numerical figure of the facial Images as they appear in that photograph, known as a facial vector. To the extent that the facial vector constitutes biometric information under any applicable law, you consent to the collection and storage of biometric information derived from the Images by Clearview.
- Clearview will store the photo and face vector collected during the Demonstration for so long as reasonably necessary for the purposes described in this Consent & Release.. Clearview will not disclose or use the Images for other purposes beyond the operation of the Clearview App.
- As part of the Demonstration, the Clearview App may retrieve photographs of you or the individuals in the Images which appear on the public Internet and website links to locations where those Images appear online. You consent to Clearview employees and authorized agents viewing those Images and links.
- Clearview may process and store any personal information provided by you in connection with the Demonstration and this Consent & Release. This includes, but is not limited to, your name, email address, and any other data you provide during the Demonstration. You consent to Clearview using your contact information to send you information about its products and services for future marketing and sales activities. You may withdraw this marketing consent at any time by selecting the unsubscribe link in the marketing communication received by you from Clearview or contact marketing@clearview.ai.
- Representations: By participating in the Demonstration, you hereby certify that:
- You will comply with any Demonstration rules enforced by us from time to time which are communicated to you or made available online.
- You are above the age of 18.
- You are employed or authorized by a government agency, or other government entity, or are employed by a government contractor of such entity, and are authorized by your supervisor to gather information about the potential use of the Clearview App by your employing or affiliated law enforcement agency or entity.
- You are freely and consciously choosing to participate in the Demonstration.
- You have fully read and understood this Consent & Release, and that you are providing your informed consent to the terms of this Consent & Release.
- You hereby release and forever discharge Clearview and its agents, resellers, employees, officers, directors, affiliates, successors, members, and assigns, from and against any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that you ever had or may have, arising from or in any way related to the Demonstration, the Images, or the Clearview App. Clearview’s liability, including but not limited to, a failure of Clearview to meet its obligations hereunder, shall not exceed the amounts paid by you to Clearview in connection with the Demonstration (if any).
- The terms of this Consent & Release will continue in full force and effect following the end of the Demonstration. This Consent & Release is binding upon you. The provisions of this Consent & Release will continue in full force and effect even after the termination of the Demonstration, whether by agreement, by operation of law, or otherwise.
If any term or provision of this Consent & Release is invalid, illegal or unenforceable in any jurisdiction, that invalidity, illegality, or unenforceability will not affect any other term or provision of this Consent & Release or invalidate or render unenforceable that term or provision in any other jurisdiction. This Consent & Release shall be governed and construed under the laws of the state of Texas without regard to its conflict of laws principles. Any disputes arising under or in connection with this Consent & Release shall be subject to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas.
- By signing this Consent & Release, you represent and warrant that: (i) you have read, understand and fully agree to the terms of this Consent & Release; (ii) you are giving up potential future legal rights and claims you may have; (iii) you are signing this Consent & Release freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to you; (iv) your signature is proof of your intention to execute a complete and unconditional Consent & Release of all liability to the full extent of the law; and (v) Clearview may retain any contact information provided by you in connection with the Demonstration for future marketing and sales activities from Clearview and to provide a copy of this Consent & Release to You.
