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Artificial Intelligence Video Sharing Terms Addendum

By accepting these Artificial Intelligence Video Sharing Terms (“Terms”), including accepting or entering into any applicable definitive agreement in which these Terms are incorporated or by explicitly consenting to these Terms via an opt-in, click-through, or other mechanism presented to you in your SimpliSafe app, you hereby indicate and acknowledge your consent for SimpliSafe to use the Shared Video Content (as defined below) that you have provided, are providing, or will provide in the future to SimpliSafe in accordance with these Terms for review by SimpliSafe employees and representatives or as otherwise provided or made available to SimpliSafe under one or more definitive agreements or terms. In connection with these Terms, you have agreed to release, and hereby release, SimpliSafe from all claims and liabilities associated with its use of such Shared Video Content per the authorizations provided herein and arising from any related customer support services SimpliSafe provides hereunder. References to “you” and “your” shall be understood to refer to the SimpliSafe customer accepting these Terms.

Background: You intend to share or provide access to Shared Video Content, or may already have shared Shared Video Content, with SimpliSafe so that SimpliSafe may improve its features or products, or develop new features for existing products, or develop new features or products (collectively the “Program”). Specifically, we plan to use Shared Video Content you submit under the Program to improve our Artificial Intelligence (AI), Machine Learning (ML) and Computer Vision (CV) models, features, and functionality of our products and services and/or develop new features or products, which you acknowledge as consideration for sharing any Shared Video Content under these Terms. The Program may include submission of Shared Video Content directly via email, through an online portal, or via another mechanism as directed by SimpliSafe, or by SimpliSafe accessing Shared Video Content through your use of your home security system and cameras - all of such methods being governed by the definitive agreement, terms, or in-app consents and opt-ins.   

NOW THEREFORE, for good and valuable consideration, which may also be described in the definitive agreement or terms, the receipt and adequacy of which hereby is acknowledged, you and SimpliSafe agree as follows:

1. Video Sharing. Participation is strictly voluntary and may be terminated at any time according to the terms of the definitive agreement or other applicable mechanisms, such as settings within your SimpliSafe app. During this Program, you will provide us with Shared Video Content for our use in developing features and product improvements, including, but not limited to, developing Artificial Intelligence (AI), Machine Learning (ML) and Computer Vision (CV) models.

As used herein, “Shared Video Content” may include video data (e.g., videos themselves, video metadata and device identifiers associated with camera and accounts), audio data including but not limited to voice recordings, uncompressed video frames, video frames derived from videos that may contain images related to individuals who enter camera fields of view, and images of personal property (e.g., your property, vehicles, license plates), predictions made by the cameras (including motion detection, object detection, pet detection, and facial recognition), camera logs, information you provide in surveys or interviews, insights derived from our processing of Shared Video Content and any portions thereof (collectively, “Shared Video Content”). Shared Video Content may be shared by you to SimpliSafe or accessed by SimpliSafe directly from our cloud based storage.

From time to time, we  may also ask for videos with particular content such as videos with snow, videos with vehicles or videos at night. You may provide us with videos with this level of specificity at your discretion and in accordance with any definitive agreement or terms governing this collection. 

In certain geographic areas, a law or ordinance may prohibit the sharing of your Shared Video Content for AI or other similar purposes (“Restricted Location(s)”). If your monitored premises are located in one or more Restricted Locations, which shall include Illinois, Texas, Portland (OR), or outside of the U.S., the Restricted Location(s) are not eligible to participate in this Program.  Otherwise, by accepting these Terms, you represent and warrant that you and/or your monitored premises are not located in any Restricted Locations.

2. Privacy. The Program involves the sharing of Shared Video Content with SimpliSafe as well as the processing of Shared Video Content by SimpliSafe.

SimpliSafe may share Shared Video Content with service providers acting on SimpliSafe’s behalf, such as with data storage providers, survey providers, or other service providers for the purposes of obtaining or facilitating analytics and AI services, annotation services and data processing services. In addition, SimpliSafe may share Shared Video Content and related personal information in association with legal proceedings and sales or changes of control of our business, as described in our Privacy Policy (https://simplisafe.com/privacy-policy) and Privacy Supplement (https://simplisafe.com/simplisafe-privacy-supplement). This sharing and storage will be subject to commercially reasonable security controls and practices and Shared Video Content may be retained for more than 30 days.

You hereby consent to SimpliSafe’s collection, distribution, sharing, and processing of Shared Video Content in accordance with these Terms, including, but not limited to, AI, ML and CV processing and storage performed by SimpliSafe or service providers. 

You agree that it is your sole responsibility to comply with, and you represent and warrant that you will comply with, all applicable laws regarding the collection of Shared Video Content and the sharing of such information with SimpliSafe for processing in accordance with these Terms. You agree that with respect to any and all individuals who enter into the fields of view of a camera capturing Shared Video Content, it is your sole responsibility to provide all notices and obtain all consents, and you represent and warrant that you will provide notices and obtain all consents, necessary to authorize the processing of Shared Video Content as described, and assignments and licenses granted, in these Terms, and you agree that you are agreeing to these Terms with the authorization of and on behalf of all cohabitants of your home. In addition, you agree to only install and position cameras in locations and orientations such that they only collect Shared Video Content of your property.

WITHOUT LIMITING ANYTHING HEREUNDER, YOU UNDERSTAND AND AGREE THAT SIMPLISAFE STRICTLY PROHIBITS YOU FROM SUBMITTING ANY SHARED VIDEO CONTENT THAT CONTAINS NUDITY, CHILDREN WHO ARE NOT YOUR OWN, OR INDIVIDUALS WHO HAVE NOT CONSENTED TO THE SHARING THEIR VIDEO, LIKENESS, OR PERSONAL INFORMATION, AND YOU REPRESENT AND WARRANT THAT YOU WILL NOT SUBMIT ANY SHARED VIDEO CONTENT CONTAINING NUDITY, CHILDREN WHO ARE NOT YOUR OWN, OR INDIVIDUALS WHO HAVE NOT CONSENTED TO THE SHARING THEIR VIDEO, LIKENESS, OR PERSONAL INFORMATION.  

If you are a resident of any state with active privacy legislation including California, Colorado, Connecticut, Virginia, Texas, Oregon or Utah please see your respective state section in our Privacy Policy for additional information, including information about rights you may have with respect to your information.

3. SimpliSafe Processing of Data. SimpliSafe may process the Shared Video Content for the purposes of:

  • tagging objects in camera fields of view (i.e., indicating whether an object is a person, package, animal, or other object);

  • reviewing uncompressed video frames and camera logs for model development and improvement purposes;

  • identifying whether an individual, as opposed to a pet or a moving object, has entered into or is loitering within the camera field of view;

  • developing and improving new equipment, features or offerings; and

  • training and testing various logics, AI, ML and CV models, approaches, and features that SimpliSafe may use in future products, services, or enhancements

4. Non-Confidential Relationship. You also understand and acknowledge that no confidential relationship exists between you and us, and we can only accept Shared Video Content on a purely voluntary and non-confidential basis.  Therefore, it is understood and agreed that no Shared Video Content will be accepted under any obligations of confidentiality (as relating to you or any third-parties), non-disclosure, non-use, or use, or subject to any rights of you or any third-parties. 

5. Video Ownership - By sharing any Shared Video Content, you affirm that the Shared Video Content you provide to us is your own and that you have the legal right to share it with us. This includes obtaining consent from third-parties who appear in the Shared Video Content.

6. Video Licensing Terms - By agreeing to these Terms, you hereby agree to the following:

6.1 Grant of Rights. You hereby grant to us and our affiliates a non-exclusive, perpetual, irrevocable, fully paid up and transferable, sublicensable (with unlimited right to permit further sublicenses) worldwide right and license to reproduce, display, transmit, and distribute the Shared Video Content, including to translate, alter, modify, and create Derivative Works of the Shared Video Content, in any and all formats and media whether now or hereafter known or devised and by any and all technologies and means of delivery whether now or hereafter known or devised for purposes of developing new products and services.  

6.2 Waiver of Moral Rights. You hereby irrevocably waive to the extent permitted by applicable law, all rights of paternity, integrity, attribution, disclosure, withdrawal, and any other rights that may be known as "moral rights" ("Moral Rights") with respect to the use of the Shared Video Content pursuant to these Terms. To the extent this waiver is not permitted by applicable law, you hereby agree not to enforce such Moral Rights against us and its permitted successors, licensees, and assigns.

6.3 Sublicensing. We have the right to sublicense the rights granted hereunder in our sole and exclusive discretion, including with respect to: (a) the identity of any sublicensee; (b) the applicable licensee fees or royalty rates, if any; and (c) other terms and conditions of the sublicense.

6.4 Permissions. You represent and confirm that you have obtained from all persons and entities who provided services for, who participated in, or are, or whose trademark, copyright, or other property is, identified, depicted, or otherwise referred to in the Shared Video Content, such written and signed licenses, permissions, waivers, and consents (collectively, "Permissions," and each, individually, a "Permission"), including those relating to publicity, privacy, and any intellectual property rights, as are or reasonably may be expected to be necessary for us to exercise our rights in the Shared Video Content as permitted by these Terms, without incurring any payment or other obligation to, or otherwise violating any right of, any such person or entity.

6.5 Assignment. We may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under these Terms without your consent. These Terms are binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.

6.6 Licensor's Representations and Warranties. You further represent and warrant that you solely and exclusively own/control the right, title, and interest in and to the Shared Video Content in connection with our use permitted hereunder and have the full right, power, and authority to grant the rights and licenses granted hereunder.

6.7 Derivative Works. Without limiting the rights granted under Section 6.1-6.6, You agree to assign, and hereby assign, any and all rights and title in or to any and all derivative works, modifications, or improvements based upon the Shared Video Content (hereinafter referred to as “Derivative Works”).  To the extent that any such rights to Derivative Works cannot be assigned by mechanism of law, you agree to, and hereby, grant an unlimited, worldwide, exclusive, irrevocable, perpetual, fully paid up, transferable (in accordance with Section 6.5), sublicensable (in accordance with Section 6.3) license in and to any and all Derivative Works. Derivative Works may include but are not limited to Artificial Intelligence (AI), Machine Learning (ML) and Computer Vision (CV) models derived using the Shared Video Content; annotated videos (including individual video frames); machine learning algorithms, synthetic images; and image annotations.

The rights of this Section 6, and more specifically SimpliSafe’s rights hereunder to create Derivative Works from the Shared Video Content, shall survive any data deletion or account deletion requests that you may provide to SimpliSafe in the future notwithstanding SimpliSafe’s compliance with such requests and the deletion of the underlying Shared Video Content.  And you understand and acknowledge that certain Derivative Works, including but not limited to updated or retrained AI/CV models using the Shared Video Content, cannot and will not be deleted as part of such requests.

7. Indemnification. You agree to indemnify, defend and hold harmless SimpliSafe and our parent, subsidiaries, affiliates, partners, shareholders, members, officers, directors, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms (including any documents, terms, or policies, incorporated herein by reference), or your violation of any law or the rights of a third-party.

8. NO REPRESENTATIONS OR WARRANTY. ALTHOUGH SIMPLISAFE RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE PROGRAM AND ALL INFORMATION WITH RESPECT THERETO IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9. LIMITATION OF LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT SIMPLISAFE AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PROGRAM OR YOUR SUBMISSION OF SHARED VIDEO CONTENT; THE INABILITY TO PARTICIPATE IN THE PROGRAM OR SHARE ANY SHARED VIDEO CONTENT; OR ANY INFORMATION, CONTENT OR FUNCTIONALITY OFFERED IN CONNECTION WITH THE PROGRAM. THESE LIMITATIONS APPLY TO ALL LOSSES AND DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IF YOU ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP PARTICIPATING IN THE PROGRAM, SUBJECT TO THE SURVIVING OBLIGATIONS HEREUNDER.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SIMPLISAFE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

10. DISPUTES: 

Informal Dispute Resolution: Prior to initiating any arbitration or bringing a claim in small claims court (as set forth below), you must first present any dispute to SimpliSafe by contacting us at legalnotices@simplisafe.com to allow for an opportunity to resolve the dispute. You or we may initiate arbitration if your dispute cannot be resolved within 60 days. 

PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. 

ANY CLAIM THAT EITHER OF US MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING FORMATION, PERFORMANCE, OR BREACH OF THEM), OUR RELATIONSHIP WITH EACH OTHER, OR USE OF THE SERVICES MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION (AAA)’S CONSUMER ARBITRATION RULES, AVAILABLE WWW.ADR.ORG. ARBITRATION HEARINGS WILL BE HELD IN BOSTON, MA. IF THIS LOCATION IS NOT CONVENIENT FOR YOU, PLEASE LET US KNOW AND WE WILL WORK TO DETERMINE A MUTUALLY CONVENIENT LOCATION.  ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

AS AN EXCEPTION TO THIS ARBITRATION PROVISION, EITHER YOU OR SIMPLISAFE MAY PURSUE IN SMALL CLAIMS COURT ANY CLAIM THAT IS WITHIN THAT COURT’S JURISDICTION SO LONG AS SUCH CLAIMS ARE BROUGHT ONLY ON AN INDIVIDUAL BASIS.   NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN MASSACHUSETTS, IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION.

YOU AND SIMPLISAFE ALSO AGREE TO ARBITRATE IN EACH OF YOUR AND OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

IF YOU INITIATE ARBITRATION, YOUR ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH IN AAA’S CONSUMER ARBITRATION RULES. REGARDLESS OF WHO INITIATES ARBITRATION, SIMPLISAFE WILL PAY YOUR SHARE OF ARBITRATION FEES (NOT INCLUDING YOUR ATTORNEYS’ FEES) UP TO A MAXIMUM OF $2,500.  IF THE ARBITRATOR RULES AGAINST SIMPLISAFE, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, SIMPLISAFE WILL REIMBURSE YOUR REASONABLE ATTORNEYS’ FEES AND COSTS UP TO A MAXIMUM OF $5,000, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.  IN ADDITION, IF THE ARBITRATOR RULES IN SIMPLISAFE’S FAVOR, IT WILL NOT SEEK REIMBURSEMENT OF OUR ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.

To help resolve any issues between us promptly and directly, you and SimpliSafe agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived.

It is important that you understand that by entering into this agreement, we are each waiving the right to a trial by jury or to participate in a class action against the other party for claims that are covered by this section. The arbitrator’s decision will be conclusive and binding and may be entered as a judgment in any court of competent jurisdiction.

11. Terms of the Agreement Control. You agree that these Terms govern your submission of, and SimpliSafe’s use of, any Shared Video Content and that any other use of your SimpliSafe home security system or home security monitoring services are governed by your other definitive agreements with SimpliSafe and/or SimpliSafe’s standard terms and conditions, which may include our Terms of Service (available at https://simplisafe.com/terms-of-service), Terms of Use (available at https://simplisafe.com/terms-of-use), Terms, Consent & Release for Video Sharing (available at https://simplisafe.com/legal/video_sharing), Privacy Policy (available at https://simplisafe.com/privacy-policy), Privacy Supplement (available at https://simplisafe.com/simplisafe-privacy-supplement), and Terms of Sale (available at https://simplisafe.com/terms-sale), any of which may be updated from time to time in accordance with the terms therein.  To the extent there is a conflict between these Terms and any of the foregoing or any other terms or agreements between you and SimpliSafe, these Terms shall apply.  However, SimpliSafe’s standard terms and conditions will otherwise apply to your use of your SimpliSafe system and services as such use relates to your participation in the Program.

12. Changes to these Terms. We may revise and update these Terms from time to time in our sole discretion.  All changes are effective immediately when we post them, and apply to Shared Video Content that you share with SimpliSafe thereafter.  Your continued submission of Shared Video Content following the posting of revised Terms means that you accept and agree to the changes.   You agree that SimpliSafe allowing you to continue to participate is sufficient consideration for any such amendment. Without limiting the foregoing, your continued participation in the Program (including any submission of any Shared Video Content to SimpliSafe) will confirm your consent to, and sufficiency of the consideration for, such changes. These Terms may not be amended in any other way.

13. Miscellaneous. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. These Terms are governed by the laws of the Commonwealth of Massachusetts without regard to its rules concerning conflicts of laws. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. You agree that you may not assign these Terms without the written consent of SimpliSafe.