VIDENTIC AB · ORG.NR 559524-2164 · SWEDEN
Videntic Terms of Service
Version 2.0 · Effective 20 August 2026 · Supersedes version 1.0 (12 August 2025)
These Terms of Service (the “Terms”) are entered into between Videntic AB, a company registered in Sweden with company registration number 559524-2164, whose registered office is in Sweden (“Videntic”, “we”, “us”), and the entity or person that accepts these Terms (“Customer”, “you”).
These Terms govern access to and use of the Videntic platform at videntic.com, its applications, APIs, integrations, reports and related services (together, the “Service”).
You accept these Terms by executing an Order, clicking to accept, creating an account, or accessing or using the Service. If you accept these Terms on behalf of an organisation, you represent that you have authority to bind that organisation, and “Customer” means that organisation.
The Service is intended for business use. Section 21 sets out the limited provisions that apply where the Customer is a consumer.
1. Definitions
1.1 “Affiliate” means any entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of more than 50% of voting securities or the power to direct management.
1.2 “Agreement” means these Terms together with each Order and every document incorporated by reference under Section 2.
1.3 “AI Platform” means any third-party generative AI system, assistant, search experience or model interface that the Service observes, queries or measures, including but not limited to AI assistants, AI search results and AI overview features operated by third parties.
1.4 “Authorized Partner” means a Customer that is expressly permitted under an Order to access the Service on behalf of End Clients, including agencies, resellers, consultancies and franchise networks.
1.5 “Authorized User” means an individual whom Customer permits to access the Service under Customer’s account, including Customer’s employees, contractors and, in the case of an Authorized Partner, personnel of its End Clients.
1.6 “Confidential Information” has the meaning given in Section 12.1.
1.7 “Customer Data” means all data, content, materials, brand names, domains, competitor identifiers, prompts, credentials and other information that Customer or an Authorized User submits to the Service, or that the Service collects from a Customer Property at Customer’s direction.
1.8 “Customer Property” means any website, domain, application, content management system, social property or other digital asset that Customer connects to the Service, submits for analysis, or authorises the Service to access.
1.9 “Documentation” means the then-current technical and user documentation for the Service made available by Videntic.
1.10 “End Client” means a third party on whose behalf an Authorized Partner uses the Service.
1.11 “Fees” means the amounts payable for the Service as set out in an Order or in Videntic’s then-current published pricing.
1.12 “Order” means an order form, quotation, statement of work, online checkout or subscription confirmation that references these Terms and specifies the subscribed Service, plan, usage entitlements, term and Fees.
1.13 “Output” means the observations, measurements, scores, metrics, rankings, citations, sentiment classifications, share-of-voice figures, competitive comparisons, recommendations, generated prompts, generated content, reports, dashboards, exports and API responses that the Service produces.
1.14 “Personal Data”, “controller”, “processor”, “processing” and “data subject” have the meanings given in the GDPR.
1.15 “Subscription Term” means the period stated in an Order during which Customer is entitled to access the Service, including any renewal.
1.16 “Usage Entitlements” means the quantitative limits applicable to Customer’s plan, including numbers of workspaces, monitored properties, tracked brands, prompts, queries, AI Platform executions, API calls, seats and report volumes.
1.17 “Videntic Materials” means the Service and the platform on which it runs, including its software, user interfaces, models, methodologies, scoring and weighting algorithms, prompt libraries, taxonomies, data pipelines, benchmarks and Documentation, together with all modifications, derivative works and improvements to any of them, as further described in Section 11.1.
1.18 “GDPR” means Regulation (EU) 2016/679.
2. Structure of the Agreement; Order of Precedence
2.1 Incorporated documents. The following are incorporated into and form part of this Agreement:
the Data Processing Agreement at videntic.com/dpa (the “DPA”);
the Sub-processor List at videntic.com/subprocessors;
the Security Overview at videntic.com/security;
the Acceptable Use Policy at videntic.com/aup (the “AUP”);
the Support Policy at videntic.com/support; and
where expressly referenced in an Order, the Service Level Agreement at videntic.com/sla (the “SLA”).
2.2 Order of precedence. In the event of conflict, the following order applies, from highest to lowest: (a) an executed Order, in respect only of the terms it expressly varies; (b) the DPA; (c) the SLA, where applicable; (d) these Terms; (e) the AUP and Support Policy; (f) the Documentation.
2.3 No purchase-order terms. Any terms printed on or referenced by a Customer purchase order, vendor portal, supplier registration form or similar instrument are of no effect and are expressly rejected, even if Videntic signs or acknowledges that instrument.
2.4 Affiliates. A Customer Affiliate may purchase under these Terms by executing its own Order, in which case that Affiliate becomes the Customer under a separate agreement incorporating these Terms.
3. The Service
3.1 Provision. Subject to this Agreement and payment of Fees, Videntic grants Customer a non-exclusive, non-transferable, non-sublicensable right during the Subscription Term to access and use the Service, and to use the Output, for Customer’s internal business purposes and, in the case of an Authorized Partner, for the purpose of delivering services to its End Clients.
3.2 Nature of the Service. Customer acknowledges that the Service is an observational measurement and analytics tool. It works by submitting queries to AI Platforms, by retrieving and analysing publicly available content, and by analysing Customer Properties, and then by computing metrics from what it observes. Videntic does not operate, control, influence or have privileged access to any AI Platform.
3.3 Non-determinism; no guarantee of outcomes. Customer acknowledges and accepts that:
AI Platforms are non-deterministic. Identical queries may produce materially different responses when repeated, and responses vary by model version, geography, language, session state, personalisation and time;
Output is therefore a statistical estimate derived from sampling, not a measurement of a fixed underlying quantity, and is not reproducible;
Videntic makes no representation, warranty or commitment that use of the Service will cause any brand to be mentioned, cited, recommended, ranked or otherwise represented in any AI Platform, nor that any metric will improve;
Output does not constitute legal, financial, investment, marketing, medical or other professional advice, and Customer is solely responsible for any decision it takes on the basis of Output; and
Customer should not rely on Output as the sole basis for any material commercial decision.
3.4 Methodology and restatement. Videntic may refine its methodologies, scoring models, prompt sets, sampling parameters, sentiment classifiers and aggregation logic at any time in order to improve accuracy. Such refinement may cause metrics to change, including retrospectively, and Videntic may restate historical figures. Videntic will use commercially reasonable efforts to describe material methodology changes in the Documentation or in-product release notes. A change in Output arising from a methodology change is not a defect in the Service.
3.5 Third-party data sources; substitution. The Service depends on third-party AI Platforms, data providers, retrieval vendors and infrastructure providers that Videntic does not control. Those third parties may without notice change, rate-limit, degrade, price, restrict, block or discontinue access. Accordingly:
Videntic may add, substitute, modify or remove any AI Platform, data source, retrieval vendor or provider at any time;
loss of coverage of a particular AI Platform or data source is not a breach of this Agreement and does not give rise to a refund, credit or claim, save as expressly provided in the SLA; and
where an AI Platform or data source ceases to be available and this materially reduces the value of the Service to Customer for a continuous period exceeding sixty (60) days, Customer’s sole remedy is to terminate the affected subscription on thirty (30) days’ written notice and receive a pro-rata refund of prepaid Fees for the unused remainder of the Subscription Term.
3.6 No affiliation with AI Platforms. Videntic is not affiliated with, endorsed by, sponsored by or a partner of any AI Platform or model provider unless expressly stated in writing. Any third-party names, marks or logos appearing in the Service or in Output are used for nominative identification only, to describe which system was observed, and do not imply any relationship.
3.7 Changes to the Service. Videntic may modify, enhance or discontinue features of the Service. Videntic will not make a change that materially degrades the core functionality of the Service during a paid Subscription Term without at least thirty (30) days’ prior notice. If such a change materially and adversely affects Customer, Customer may terminate the affected subscription within thirty (30) days of that notice and receive a pro-rata refund of prepaid Fees for the unused remainder of the Subscription Term.
3.8 Beta features. Features designated as beta, preview, experimental, early access or similar (“Beta Features”) are provided for evaluation only, “as is”, without warranty, support, SLA or any commitment as to availability or continuation. Videntic may modify or withdraw a Beta Feature at any time. Notwithstanding any other provision, Videntic’s aggregate liability arising from Beta Features is limited to EUR 100.
3.9 Professional services. Onboarding, configuration, migration, training and custom reporting are provided only where expressly stated in an Order, and are charged separately unless the Order states otherwise.
4. Accounts, Workspaces and Authorized Users
4.1 Registration. Customer shall provide accurate, current and complete registration information and keep it updated.
4.2 Credentials and security. Customer is responsible for maintaining the confidentiality of all account credentials, API keys and access tokens, and for all activity occurring under its account, whether or not authorised. Customer shall notify Videntic without undue delay at info@videntic.com on becoming aware of any unauthorised access. Videntic strongly recommends enabling multi-factor authentication where available; Videntic is not liable for losses arising from Customer’s failure to do so.
4.3 Authorized Users. Customer may permit Authorized Users to access the Service within its Usage Entitlements. Customer is responsible for its Authorized Users’ compliance with this Agreement, and any act or omission of an Authorized User is deemed an act or omission of Customer. Seats are named and may not be shared or used concurrently by more than one individual.
4.4 Workspaces. The Service organises access into workspaces. Customer is responsible for configuring workspace membership, roles and permissions appropriately, and for ensuring that Authorized Users have access only to the data they are entitled to see. Videntic is not responsible for the consequences of Customer’s own access configuration.
4.5 Administrators. Customer’s designated administrators may access, export, restrict or delete Customer Data and may manage Authorized User accounts. Customer is responsible for the acts of its administrators.
4.6 Age. Authorized Users must be at least 18 years old. The Service is not directed at children.
5. Authorized Partners and End Clients
5.1 Scope. This Section applies only where an Order designates Customer as an Authorized Partner.
5.2 Permitted use. An Authorized Partner may use the Service to deliver analysis, reporting and advisory services to its End Clients, and may provide Output to an End Client, provided that it does so under a written agreement with that End Client containing terms no less protective of Videntic than this Agreement.
5.3 Authority. The Authorized Partner represents and warrants, on a continuing basis, that for each End Client and each Customer Property it submits it holds all necessary authority, mandates, consents, permissions and lawful bases to (a) submit the relevant Customer Data, (b) authorise access to and analysis of the relevant Customer Property, and (c) permit the processing described in this Agreement and the DPA.
5.4 Responsibility. The Authorized Partner remains fully responsible and liable to Videntic for (a) all use of the Service under its account, including by End Client personnel; (b) all Fees, irrespective of whether it has been paid by an End Client; and (c) all acts and omissions of its End Clients as if they were its own.
5.5 No privity. No End Client is a party to this Agreement or acquires any right against Videntic under it. Videntic owes no duty to and gives no warranty to any End Client. The Authorized Partner shall not make any representation, warranty or commitment about the Service on Videntic’s behalf.
5.6 Data protection roles. Where the Authorized Partner determines the purposes and means of processing of End Client Personal Data, it acts as controller or as the End Client’s processor as applicable, and Videntic acts as its processor or sub-processor under the DPA. The Authorized Partner is responsible for putting the corresponding written arrangements in place with each End Client, and for obtaining any authorisation required for Videntic’s appointment.
5.7 Reseller Fees. Where the Authorized Partner resells the Service, it does so in its own name and at its own price and risk. It shall not represent that its own terms bind Videntic.
5.8 Effect of termination. On expiry or termination of the Authorized Partner’s subscription, all End Client access under it ceases. Videntic may, at an End Client’s request and in its sole discretion, offer that End Client a direct subscription, and may migrate that End Client’s data where lawfully able to do so.
6. Customer Obligations and Warranties
6.1 Authority over Customer Data. Customer represents and warrants, on a continuing basis, that it has all rights, licences, consents, lawful bases and authority necessary to submit Customer Data to the Service and to permit its processing under this Agreement, and that Customer Data does not infringe or misappropriate any third-party right.
6.2 Right to analyse Customer Properties. Customer represents and warrants that, for each Customer Property it connects or submits, it either owns that property or holds documented authority from its owner to permit automated access, crawling, retrieval, indexing and analysis by Videntic and its sub-processors, and to permit any publication or modification that Customer instructs the Service to perform. Customer shall not submit a property it is not authorised to submit.
6.3 Competitor and third-party references. Customer may identify competitors, brands, domains and other third parties for comparative analysis. Customer represents and warrants that it will use comparative Output lawfully, and in particular that it will not use it in a manner that is misleading, that constitutes unlawful comparative advertising, that infringes a third party’s trade marks, or that is defamatory. Comparative Output is an estimate produced by sampling and is not a statement of fact about any third party.
6.4 Prompts and submissions to AI Platforms. Customer acknowledges that prompts, brand terms and query text it submits will be transmitted to third-party AI Platforms, and that the operators of those AI Platforms may log, retain and use that input under their own terms. Customer shall not submit into any prompt, query or free-text field any Personal Data (beyond publicly available brand and company identifiers), special-category data, credentials, trade secrets or third-party confidential information. Videntic has no control over, and accepts no responsibility for, an AI Platform operator’s use of input transmitted at Customer’s direction.
6.5 Credentials for integrations. Where Customer supplies credentials for a third-party system (for example a content management system, analytics property or publishing integration), Customer warrants it is authorised to do so, shall grant the minimum privileges necessary, and shall revoke them on termination. Customer is responsible for all actions the Service performs using those credentials at Customer’s configuration or instruction, including the publication or modification of content.
6.6 Compliance with law. Customer shall use the Service in compliance with all applicable laws, including data protection, marketing, advertising, consumer protection, competition, intellectual property and AI regulation.
6.7 AI Act allocation. The Service is not designed, marketed or intended for use as, or as a component of, a high-risk AI system under Regulation (EU) 2024/1689 (the EU AI Act). Customer shall not use the Service or Output for any purpose that would constitute a prohibited practice, or that would place the Service in a high-risk category, including for employment, creditworthiness, education, essential services, law enforcement or biometric purposes. Where Customer publishes or disseminates content generated or assisted by the Service, Customer is solely responsible for any applicable transparency, disclosure or labelling obligation in respect of AI-generated content.
6.8 Cooperation. Customer shall provide reasonable cooperation, information and access necessary for Videntic to provide the Service, and shall respond within a reasonable period to requests for configuration decisions. Videntic is not responsible for a failure to provide the Service to the extent caused by Customer’s failure to cooperate.
7. Acceptable Use
7.1 General prohibitions. Customer shall not, and shall not permit any Authorized User or third party to:
use the Service for any unlawful, fraudulent, deceptive or infringing purpose;
access or use the Service to build, train or improve a competing product or service, or for competitive benchmarking or public performance comparison, without Videntic’s prior written consent;
copy, modify, translate, decompile, disassemble or reverse engineer any part of the Service, or attempt to derive its source code, models, methodologies or scoring logic, except to the extent such restriction is prohibited by applicable law;
circumvent or attempt to circumvent any Usage Entitlement, rate limit, access control, authentication mechanism or technical protection measure;
resell, sublicense, rent, lease, time-share or otherwise make the Service available to any third party, except as an Authorized Partner expressly permitted under Section 5;
probe, scan or test the vulnerability of the Service, or breach or attempt to breach its security, except under a written authorisation from Videntic or a published vulnerability disclosure programme;
introduce malicious code, or interfere with or place an undue or disproportionate burden on the Service or its infrastructure;
use the Service to store or transmit unlawful content, or content that is defamatory, harassing, or infringing;
remove, obscure or alter any proprietary notice, attribution, watermark or methodology disclosure in the Service or Output.
7.2 AI integrity. Because the Service measures third-party AI systems, Customer shall not use the Service or Output to attempt to manipulate, deceive or unlawfully influence any AI Platform, including by:
prompt injection, jailbreaking, or the insertion of hidden, cloaked or machine-only instructions into content in order to influence an AI Platform’s response;
serving materially different content to AI crawlers than to human visitors for the purpose of misrepresentation;
generating or deploying content that impersonates a person or organisation, fabricates credentials, endorsements, reviews, testimonials or citations, or presents fabricated facts as verified;
coordinated inauthentic publication, link schemes or entity-spoofing intended to distort AI Platform outputs; or
any activity that breaches an AI Platform operator’s terms of service or acceptable use policy.
Videntic may suspend access immediately, without notice, where it reasonably believes this Section 7.2 has been breached.
7.3 API. Where Customer uses the API: (a) API keys are Confidential Information and must not be embedded in client-side code or public repositories; (b) Customer shall respect published rate limits and shall not aggregate multiple customers’ usage under one key; (c) Customer shall not use the API to systematically extract the whole or a substantial part of any dataset, benchmark or database in the Service; and (d) Videntic may version, deprecate or change the API, and will use commercially reasonable efforts to give ninety (90) days’ notice before removing a generally available API endpoint.
7.4 Third-party site access. Customer shall not use the Service to access, crawl or analyse any third-party property in breach of that property’s terms of use, technical access controls or applicable law.
7.5 Enforcement. Videntic may investigate suspected breaches of this Section and may suspend or limit access to the extent reasonably necessary to prevent harm, protect the Service or other customers, comply with law, or respond to a third-party demand. Where practicable and lawful, Videntic will give notice before suspension and will restore access promptly once the cause is resolved. Suspension under this Section does not relieve Customer of its payment obligations.
8. Usage Entitlements, Fair Use and Metering
8.1 Entitlements. Customer’s use is limited to the Usage Entitlements stated in the Order or in the published plan description.
8.2 Metering. Videntic’s records of usage, as recorded by the Service, are the authoritative measure of consumption absent manifest error.
8.3 Excess use. Where Customer exceeds a Usage Entitlement, Videntic may, at its election: (a) invoice the excess at the overage rate in the Order or, absent a stated rate, at Videntic’s then-current list rate; (b) throttle, queue or defer processing; or (c) require an upgrade for the remainder of the Subscription Term. Videntic will use commercially reasonable efforts to notify Customer before invoicing material overage.
8.4 Fair use. Even within stated entitlements, Videntic may apply proportionate technical limits to protect availability for all customers, including queueing, concurrency limits and prioritisation of scheduled workloads. Videntic will use commercially reasonable efforts to apply such limits in a non-discriminatory manner.
8.5 Verification. Videntic may, no more than once in any twelve (12) month period and on thirty (30) days’ notice, request information reasonably necessary to verify Customer’s compliance with its Usage Entitlements and with Section 5 and Section 7.
9. Fees, Billing and Taxes
9.1 Fees. Customer shall pay the Fees stated in the Order, or, for self-service subscriptions, Videntic’s then-current published pricing. Fees are based on subscribed entitlements, not actual usage, and are payable whether or not Customer uses the Service.
9.2 Payment. Unless an Order states otherwise: self-service subscriptions are charged in advance by card or other supported payment method via Videntic’s payment processor; invoiced subscriptions are payable within thirty (30) days of invoice date. Customer authorises recurring charges to its payment method until it cancels.
9.3 Currency and non-refundability. Fees are stated and payable in the currency specified in the Order. Except as expressly provided in Sections 3.5(c), 3.7, 10.4 and 15.1, Fees are non-refundable and payments are non-cancellable.
9.4 Taxes. Fees are exclusive of VAT and any other tax, duty or levy, which Customer shall pay in addition, except taxes on Videntic’s income. Where Customer is required to withhold tax, it shall gross up the payment so that Videntic receives the amount it would have received absent the withholding. Customer shall provide a valid VAT registration number where it claims a reverse-charge treatment.
9.5 Price changes. Videntic may change pricing effective from the start of any renewal term, on at least thirty (30) days’ notice before the renewal date. If Customer does not accept the change, it may elect not to renew under Section 10.2.
9.6 Late payment. Overdue amounts accrue interest at the rate provided by the Swedish Interest Act (räntelagen (1975:635)), and Videntic may recover reasonable costs of collection. Where an invoice is more than fifteen (15) days overdue, Videntic may suspend the Service on ten (10) days’ written notice. Suspension does not extend the Subscription Term or relieve Customer of Fees.
9.7 Disputed amounts. Customer shall notify Videntic in writing of any good-faith dispute over an invoice within fifteen (15) days of the invoice date, with reasonable detail, and shall pay all undisputed amounts when due.
9.8 Free trials and free plans. Videntic may offer free trials or free plans. These are provided “as is” without warranty, support or SLA, may be modified or withdrawn at any time, and may be subject to reduced entitlements. Videntic may delete data in a free or expired trial account after thirty (30) days.
10. Term, Renewal, Suspension and Termination
10.1 Term. This Agreement commences on the earlier of the Order effective date and first access to the Service, and continues for the Subscription Term.
10.2 Renewal. Unless an Order states otherwise, each Subscription Term renews automatically for successive periods equal to the initial term. Either party may prevent renewal by written notice given at least thirty (30) days before the end of the then-current term.
10.3 Termination for convenience. Monthly self-service subscriptions may be cancelled at any time with effect from the end of the then-current billing period; access continues until that date and no refund is due for the current period. Annual and invoiced subscriptions may not be terminated for convenience during the Subscription Term.
10.4 Termination for cause. Either party may terminate this Agreement immediately on written notice if the other party: (a) commits a material breach and fails to cure it within thirty (30) days of written notice describing the breach in reasonable detail; (b) commits a material breach incapable of cure; or (c) becomes insolvent, enters liquidation, has an administrator or receiver appointed, or ceases to carry on business. Where Customer terminates under this Section for Videntic’s uncured material breach, Videntic shall refund prepaid Fees for the unused remainder of the Subscription Term.
10.5 Immediate suspension. Videntic may suspend the Service or any Authorized User’s access immediately where necessary to: (a) prevent a material security risk to the Service, Videntic or another customer; (b) prevent or stop a breach of Section 7.2; (c) comply with law or a binding order; or (d) prevent unlawful use. Videntic will notify Customer as soon as reasonably practicable and will limit the suspension in scope and duration to what is necessary.
10.6 Effect of termination. On expiry or termination: (a) all rights granted to Customer cease and Customer shall stop accessing the Service; (b) all outstanding Fees become immediately due; (c) each party shall return or destroy the other’s Confidential Information, subject to Section 10.7 and to routine backup retention; and (d) rights and remedies accrued before termination are unaffected.
10.7 Data export and deletion. Customer may export Customer Data using the Service’s export functionality at any time during the Subscription Term. For thirty (30) days after expiry or termination, Videntic will retain Customer Data and, on written request, will provide a reasonable export or make export functionality available. After that period, Videntic will delete Customer Data in accordance with the DPA, save that (i) data required to be retained by law may be retained for the period required, and (ii) data contained in routine backups or archives will be deleted in the ordinary course of overwriting and remains subject to Section 12 and to the security measures in the Security Overview until deleted. Videntic may retain and continue to use Aggregated Data as permitted by Section 11.5. Where Customer’s account is terminated for breach of Section 7, Videntic may decline to provide an export.
10.8 Survival. Sections 1, 2.2, 3.3, 6.3, 7.1(b) and (c), 9 (in respect of accrued Fees), 10.6 to 10.8, 11, 12, 15, 16, 17, 18, 20.3, 22 and 23 survive termination.
11. Intellectual Property
11.1 Videntic Materials. Videntic and its licensors own all right, title and interest in and to the Videntic Materials, being the Service, its software, user interfaces, models, methodologies, scoring and weighting algorithms, prompt libraries, taxonomies, data pipelines, benchmarks, Documentation, and all modifications, derivative works and improvements to any of them. Except for the limited rights expressly granted in Section 3.1, no rights are granted, whether by implication, estoppel or otherwise. All rights not expressly granted are reserved.
11.2 Customer Data. Customer retains all right, title and interest in and to Customer Data. Nothing in this Agreement transfers ownership of Customer Data to Videntic.
11.3 Licence to Videntic. Customer grants Videntic and its sub-processors a non-exclusive, worldwide, royalty-free licence during the Subscription Term to host, store, copy, transmit, display, process, analyse and create derived metrics from Customer Data, and to submit derived queries to AI Platforms, solely to the extent necessary to: (a) provide, secure, maintain and support the Service; (b) produce Output for Customer; (c) prevent or address abuse, fraud or a security incident; (d) comply with law; and (e) create Aggregated Data as permitted by Section 11.5. The licence in respect of retained backups survives until those backups are overwritten.
11.4 Output. Subject to Section 11.1 and to payment of Fees, Customer may use, reproduce, adapt and distribute Output for its internal business purposes and, where Customer is an Authorized Partner, for the purpose of delivering services to its End Clients, including incorporating Output into client-facing reports. Customer acknowledges that:
Output is generated by applying Videntic Materials to observed data. Videntic retains all rights in the Videntic Materials and in the underlying methodology, notwithstanding Customer’s rights in a particular Output instance;
Output is not exclusive. The Service may generate the same or substantially similar Output for other customers, including competitors, from the same or similar inputs, and nothing in this Agreement prevents it from doing so; and
Customer shall not represent Output as having been produced independently of Videntic where doing so would be misleading, and shall not remove methodology or date-of-observation qualifications where their removal would render the Output misleading.
11.5 Aggregated Data. Videntic may create and use “Aggregated Data”, being data derived from Customer Data and from operation of the Service that is aggregated across customers and de-identified so that it does not directly or indirectly identify Customer, any End Client, any Authorized User or any data subject. Videntic owns Aggregated Data and may use it perpetually to operate, secure, analyse, benchmark, develop and improve its products and services, to produce industry benchmarks, and to publish market research and statistics. Videntic shall not publish Aggregated Data in a form that identifies Customer or an End Client, or that reveals Customer’s Confidential Information, without prior written consent. Aggregated Data is not Personal Data and is not Customer Data.
11.6 Model training. Videntic does not use Customer Data to train, fine-tune or otherwise improve any general-purpose or foundation AI model, and does not permit its AI Platform providers or sub-processors to do so in respect of Customer Data submitted through the Service, other than as necessary for the transient processing of a request. Videntic may use Customer Data to configure, evaluate and improve its own internal classifiers, quality controls and methodology, in each case within the Service and consistent with the DPA. Nothing in this Section restricts Videntic’s rights in Aggregated Data.
11.7 Feedback. Customer may provide suggestions, feature requests and other feedback. Customer grants Videntic a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use and exploit such feedback without restriction or obligation. Videntic will not identify Customer as the source without consent.
11.8 Third-party and open-source components. The Service may include third-party or open-source components licensed under their own terms, which are made available in the Documentation. Those terms govern those components to the extent they conflict with this Agreement.
11.9 Notice of infringement. A party becoming aware of any actual or suspected infringement of the other’s intellectual property in connection with the Service shall notify the other promptly.
12. Confidentiality
12.1 Definition. “Confidential Information” means non-public information disclosed by or on behalf of a party (the “Discloser”) to the other (the “Recipient”) that is designated as confidential or that a reasonable person would understand to be confidential, including the Service’s non-public features, roadmaps, pricing, security documentation, methodologies, Customer Data, and the terms of any Order. Confidential Information does not include information that: (a) is or becomes public without breach; (b) the Recipient held before disclosure without obligation; (c) the Recipient develops independently without use of the Discloser’s Confidential Information; or (d) the Recipient lawfully receives from a third party without restriction.
12.2 Obligations. The Recipient shall: (a) use the Discloser’s Confidential Information only to perform or exercise rights under this Agreement; (b) protect it with at least the degree of care it applies to its own confidential information, and in no event less than reasonable care; and (c) disclose it only to those of its personnel, Affiliates, advisers and sub-processors who need it for that purpose and who are bound by confidentiality obligations no less protective than this Section.
12.3 Compelled disclosure. The Recipient may disclose Confidential Information to the extent required by law, regulation or a court or regulatory order, provided that, where lawfully permitted, it gives the Discloser prompt notice and reasonable cooperation to seek protective treatment.
12.4 Duration. These obligations apply during the Subscription Term and for five (5) years thereafter, save that obligations in respect of trade secrets and Customer Data continue for as long as the information retains its character.
12.5 Remedies. The parties acknowledge that damages may be an inadequate remedy for breach of this Section, and that the Discloser may seek injunctive relief in addition to any other remedy.
13. Data Protection and Security
13.1 Roles. In respect of Personal Data contained in Customer Data, Customer acts as controller (or as processor for an End Client or other controller) and Videntic acts as processor. In respect of Personal Data that Videntic processes for its own purposes (account administration, billing, security, service communications, support delivery and product analytics), Videntic acts as controller and processes it in accordance with its privacy notice.
13.2 DPA. The DPA at videntic.com/dpa applies to Videntic’s processing of Personal Data as processor and is incorporated into this Agreement. Where Customer requires a signed counterpart, Videntic will provide one on request. In the event of conflict between the DPA and these Terms in respect of Personal Data, the DPA prevails.
13.3 Sub-processors. Customer authorises Videntic to engage the sub-processors listed at videntic.com/subprocessors. Videntic will give at least thirty (30) days’ notice before adding or replacing a sub-processor, by updating that page and, where Customer has subscribed to notifications, by email. Customer may object on reasonable, documented data protection grounds within that period, in which case the parties shall discuss the objection in good faith; if it cannot be resolved and the sub-processor is necessary to the Service, Customer may terminate the affected subscription and receive a pro-rata refund of prepaid Fees for the unused remainder of the Subscription Term. Videntic remains responsible for its sub-processors’ performance of the obligations in the DPA.
13.4 International transfers. Videntic and its sub-processors may process Personal Data outside the European Economic Area. Any such transfer will be made in accordance with Chapter V of the GDPR, including on the basis of an adequacy decision, the EU Standard Contractual Clauses (Commission Implementing Decision (EU) 2021/914) with, where applicable, the UK International Data Transfer Addendum, together with any supplementary measures identified as necessary by a transfer impact assessment. Details are set out in the DPA and the Sub-processor List.
13.5 Security. Videntic shall implement and maintain the technical and organisational measures described in the Security Overview, being measures appropriate to the risk having regard to the state of the art, the cost of implementation and the nature, scope, context and purposes of processing. Videntic may update those measures provided that it does not materially reduce the overall level of security during a Subscription Term. Videntic makes no representation that it holds any particular security certification except as expressly stated in the Security Overview.
13.6 Security incidents. Videntic shall notify Customer without undue delay, and in any event within forty-eight (48) hours, after becoming aware of a personal data breach affecting Customer Data, and shall provide the information then reasonably available to it, supplementing it as further information emerges. Where Customer is the controller, Customer is responsible for determining and making any notification to a supervisory authority or data subject. Videntic will not identify Customer in any public statement about an incident without Customer’s prior written consent, except where required by law.
13.7 Assistance. Each party shall provide the other with reasonable assistance in responding to data subject requests and in complying with obligations relating to security, breach notification, data protection impact assessments and consultation with supervisory authorities, in each case using information within its possession or control and, where the assistance requires material effort, at the requesting party’s reasonable cost.
13.8 Audit. On written request, and no more than once in any twelve (12) month period save following a personal data breach or where required by a supervisory authority, Videntic shall provide information reasonably necessary to demonstrate compliance with this Section, which may be satisfied by a completed security questionnaire, a current third-party audit report or a recognised certification where held.
14. Availability and Support
14.1 Availability. Videntic shall use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, excluding: (a) planned maintenance, for which Videntic will use commercially reasonable efforts to give advance notice and to schedule outside European business hours; (b) emergency maintenance; (c) failures of third-party AI Platforms, data sources, networks or infrastructure providers; (d) force majeure; and (e) suspension permitted under this Agreement.
14.2 Service levels. No committed uptime percentage, service credit or availability remedy applies unless the Order expressly incorporates the SLA. Where the SLA applies, the remedies stated in it are Customer’s sole and exclusive remedies for failure to meet a service level.
14.3 Support. Videntic shall provide support in accordance with the Support Policy and the tier stated in the Order. Support is provided in English and Swedish during Videntic’s business hours unless the Order states otherwise.
14.4 Data retention windows. Historical Output and raw observation data are retained for the period stated in the Documentation for Customer’s plan. Videntic may apply proportionate retention limits to raw observation data provided that it preserves computed historical metrics for the retention period stated for Customer’s plan.
15. Indemnities
15.1 Videntic indemnity. Videntic shall defend Customer against any third-party claim alleging that Customer’s use of the Service in accordance with this Agreement infringes that third party’s copyright, trade mark, trade secret or patent, and shall indemnify Customer against damages and costs finally awarded against it, or agreed in settlement approved by Videntic, in respect of such a claim.
15.2 Exclusions. Section 15.1 does not apply to the extent a claim arises from: (a) Customer Data or any Customer Property; (b) use of the Service in breach of this Agreement, including Section 7; (c) modification of the Service by anyone other than Videntic; (d) combination of the Service with any product, data or process not supplied by Videntic, where the claim would not have arisen but for that combination; (e) Beta Features or free or trial use; (f) Output that Customer has altered; or (g) Customer’s continued use after being notified of a required modification or replacement.
15.3 Videntic remedies. In responding to a claim under Section 15.1, Videntic may at its option procure the right for Customer to continue using the Service, modify or replace the affected part so that it becomes non-infringing without material loss of functionality, or, if neither is reasonably achievable on commercially reasonable terms, terminate the affected subscription and refund prepaid Fees for the unused remainder of the Subscription Term. Section 15.1, as limited by Sections 15.2 and 15.3, states Videntic’s entire liability and Customer’s exclusive remedy for intellectual property infringement.
15.4 Customer indemnity. Customer shall defend and indemnify Videntic against all third-party claims, and against damages, fines and reasonable costs finally awarded or agreed in settlement, arising from: (a) Customer Data, including a claim that it infringes or misappropriates a third-party right or was submitted without necessary rights, consents or lawful basis; (b) any Customer Property submitted without the authority required by Section 6.2, including a claim by its owner or operator; (c) breach of Section 6.3, Section 6.4, Section 6.7 or Section 7; (d) any claim by an End Client, or by an Authorized User, arising from use of the Service under Customer’s account, including a claim brought against Videntic in the absence of privity; and (e) Customer’s use of Output, including any commercial or professional decision taken on the basis of it.
15.5 Procedure. The indemnified party shall: (a) notify the indemnifying party promptly in writing of the claim, provided that a delay relieves the indemnifying party only to the extent it is prejudiced; (b) give the indemnifying party sole control of the defence and settlement, save that no settlement imposing a non-monetary obligation on, or admitting liability of, the indemnified party may be made without its consent; and (c) provide reasonable cooperation at the indemnifying party’s cost. The indemnified party may participate with its own counsel at its own expense. An indemnity is reduced to the extent the loss arises from the indemnified party’s own act, omission or failure to mitigate.
16. Disclaimers
16.1 Except as expressly stated in this Agreement, the Service, Output and all Beta Features are provided “as is” and “as available”, and Videntic disclaims all other warranties, conditions, representations and terms, whether express, implied or statutory, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, completeness or non-infringement, to the maximum extent permitted by law.
16.2 Without limiting Section 16.1, Videntic does not warrant that: (a) the Service will be uninterrupted, error-free or secure against every threat; (b) Output will be accurate, complete, current, reproducible or free from error; (c) any defect will be corrected; (d) any particular AI Platform will remain accessible or measurable; (e) any metric will remain comparable over time following a methodology change; or (f) the Service will meet Customer’s requirements or achieve any commercial result.
16.3 Videntic is not responsible for any act, omission, content, decision, availability, pricing, terms or output of any AI Platform or other third party, nor for any change one of them makes.
16.4 Nothing in this Section limits any warranty or right that cannot be excluded or limited under applicable mandatory law.
17. Limitation of Liability
17.1 Excluded losses. Subject to Section 17.4, neither party is liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for: loss of profit; loss of revenue; loss of anticipated savings; loss of business, contracts or opportunity; loss of goodwill or reputation; loss of, or corruption of, data (save for the cost of restoring it from backup); wasted expenditure; or any indirect or consequential loss, in each case however arising and whether or not foreseeable.
17.2 General cap. Subject to Sections 17.3 and 17.4, each party’s total aggregate liability arising out of or in connection with this Agreement is limited to the total Fees paid or payable by Customer in the twelve (12) months immediately preceding the first event giving rise to liability.
17.3 Enhanced cap. Subject to Section 17.4, each party’s total aggregate liability for breach of Section 12 (Confidentiality) or Section 13 (Data Protection and Security), including any administrative fine attributable to that breach, is limited to two (2) times the amount determined under Section 17.2.
17.4 Unlimited liability. Nothing in this Agreement limits or excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) wilful misconduct or gross negligence; (d) Customer’s obligation to pay Fees; (e) Customer’s liability under Section 15.4; (f) infringement of the other party’s intellectual property rights; or (g) any liability that cannot lawfully be limited or excluded.
17.5 Free and trial use. Where Customer uses the Service on a free plan, free trial or evaluation basis, Videntic’s total aggregate liability in respect of that use is limited to EUR 100.
17.6 Single cap. The caps in Sections 17.2 and 17.3 are aggregate and are not multiplied by the number of claims, incidents, Orders, Affiliates, Authorized Users or End Clients. Where a claim is brought by both a Customer and its Affiliate, the caps apply to their claims in aggregate.
17.7 Limitation period. Neither party may bring a claim under this Agreement more than twelve (12) months after it first became aware, or ought reasonably to have become aware, of the facts giving rise to it, save for claims for non-payment and claims that cannot be so limited by law.
17.8 Basis of the bargain. The parties acknowledge that the Fees reflect the allocation of risk in this Section, that this allocation is a fair and reasonable commercial allocation between two businesses, and that Videntic would not provide the Service on these Fees without it.
18. Sanctions, Export Control and Anti-Bribery
18.1 Each party represents that it is not, and is not owned or controlled by a person who is, subject to sanctions administered by the EU, the United Nations, the United Kingdom or the United States, and shall not use or make the Service available in breach of any applicable sanctions or export-control law.
18.2 Each party shall comply with all applicable anti-bribery and anti-corruption laws, including the Swedish Penal Code and, where applicable, the UK Bribery Act 2010, and shall not offer or accept any improper payment in connection with this Agreement.
18.3 Breach of this Section is a material breach incapable of cure for the purposes of Section 10.4(b).
19. Publicity and References
19.1 Neither party shall use the other’s name, logo or marks in external marketing without prior written consent, save that Videntic may identify Customer as a customer in its customer list and on its website unless Customer notifies Videntic in writing that it objects, in which case Videntic shall cease that use within a reasonable period.
19.2 Case studies, testimonials, press releases and quotations require the other party’s prior written approval of the specific text.
20. Changes to these Terms
20.1 Videntic may amend these Terms to reflect changes in the Service, in law or in its business.
20.2 Videntic shall give at least thirty (30) days’ notice, by email to Customer’s administrative contact or by prominent in-product notice, before any amendment that materially and adversely affects Customer’s rights or obligations takes effect. Such an amendment takes effect at the start of Customer’s next renewal term, or, for monthly self-service subscriptions, at the end of the notice period.
20.3 If Customer does not accept a material adverse amendment, Customer may terminate the affected subscription by written notice before the amendment takes effect, and shall receive a pro-rata refund of prepaid Fees for the unused remainder of the Subscription Term. Continued use of the Service after the amendment takes effect constitutes acceptance.
20.4 Non-material changes, including corrections, clarifications and changes that do not adversely affect Customer, take effect on publication.
20.5 Where an Order expressly incorporates a specific version of these Terms, that version governs for the duration of that Subscription Term.
21. Consumers
21.1 The Service is offered for business purposes. By accepting these Terms, Customer represents that it is acting for purposes relating to its trade, business, craft or profession.
21.2 Where, notwithstanding Section 21.1, the Customer is a consumer within the meaning of applicable Swedish or EU consumer law, this Section applies and prevails over any conflicting provision.
21.3 Right of withdrawal. A consumer has a right to withdraw from a distance contract within fourteen (14) days without giving a reason, under the Swedish Distance Contracts Act (lag (2005:59) om distansavtal och avtal utanför affärslokaler). Where the consumer expressly requests that provision of the digital service begin during the withdrawal period and acknowledges that the right of withdrawal will be lost once the service has been fully performed, the right of withdrawal is lost at that point. Videntic will obtain that express request and acknowledgement at checkout.
21.4 Mandatory rights. Nothing in this Agreement excludes or limits a consumer’s non-waivable statutory rights, including remedies for non-conformity of digital content and services. Sections 16, 17.1, 17.2, 17.3, 17.7 and 23.2 apply to a consumer only to the extent permitted by mandatory law.
21.5 Dispute resolution. A consumer may refer a dispute to the Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden, ARN) at arn.se, or use the European Commission’s online dispute resolution platform, and may bring proceedings in the courts of their place of domicile.
22. General
22.1 Assignment. Neither party may assign or transfer this Agreement without the other’s prior written consent, save that either party may assign it in its entirety, without consent, to an Affiliate or to a successor in connection with a merger, acquisition, corporate reorganisation or sale of all or substantially all of its assets, on written notice. Any purported assignment in breach of this Section is void.
22.2 Subcontracting. Videntic may subcontract performance, including to sub-processors under Section 13.3, and remains responsible for its subcontractors’ performance of its obligations.
22.3 Force majeure. Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control, including act of God, natural disaster, war, armed conflict, terrorism, civil unrest, epidemic, industrial action, failure of a utility, telecommunications or internet service, sustained denial-of-service or comparable attack, act of government or regulator, or the failure or withdrawal of a third-party AI Platform or infrastructure provider. The affected party shall notify the other and shall use commercially reasonable efforts to mitigate. This Section does not excuse an obligation to pay. If the event continues for more than sixty (60) consecutive days, either party may terminate the affected subscription on written notice, and Videntic shall refund prepaid Fees for the unused remainder of the Subscription Term.
22.4 Notices. Notices to Videntic shall be sent to info@videntic.com and, where the notice relates to termination, breach, indemnity or a dispute, also by registered post to Videntic’s registered address. Notices to Customer shall be sent to the administrative contact email on its account. Notice is deemed given on the next business day after sending by email, or on delivery if by post. Videntic may give operational notices in-product.
22.5 Relationship. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, franchise or employment relationship, and neither party may bind the other.
22.6 No third-party rights. This Agreement does not confer any right on any person who is not a party to it, save that Videntic’s Affiliates may enforce Sections 11, 12 and 15.4.
22.7 Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or, if that is not possible, severed, and the remainder continues in full force.
22.8 No waiver. A failure or delay in exercising a right is not a waiver of it, and a single or partial exercise does not preclude further exercise.
22.9 Remedies cumulative. Except where expressly stated to be exclusive, the rights and remedies in this Agreement are cumulative and in addition to those provided by law.
22.10 Entire agreement. This Agreement constitutes the entire agreement between the parties in respect of its subject matter and supersedes all prior proposals, representations, understandings and agreements, whether written or oral. Neither party has relied on any statement not set out in this Agreement. Nothing in this Section limits liability for fraudulent misrepresentation.
22.11 Execution. An Order may be executed electronically and in counterparts, each of which is an original and all of which together constitute one instrument.
22.12 Language. This Agreement is made in English. Any translation is provided for convenience only, and in the event of discrepancy the English version prevails, save where mandatory consumer law provides otherwise.
22.13 Interpretation. Headings are for convenience only. “Including” and “in particular” are not words of limitation. References to a statute include it as amended or replaced.
23. Governing Law and Disputes
23.1 Governing law. This Agreement and any dispute arising out of or in connection with it, including as to its existence, validity or termination, is governed by the substantive laws of Sweden, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
23.2 Jurisdiction. The parties submit to the exclusive jurisdiction of the Stockholm District Court (Stockholms tingsrätt) as the court of first instance, save that either party may seek interim or injunctive relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.
23.3 Escalation. Before commencing proceedings, and without prejudice to Section 23.2, each party shall use reasonable efforts to resolve a dispute by referring it to a senior representative of each party for discussion in good faith over a period of not less than fifteen (15) business days.
(Alternative for negotiated enterprise Orders, where the parties agree to arbitration in place of Section 23.2: any dispute shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden, and the language of the proceedings shall be English.)
24. Contact
Videntic AB
Company registration number 559524-2164
Sweden
General and legal: info@videntic.com
Security disclosures: info@videntic.com
Data protection enquiries: info@videntic.com
Videntic Terms of Service, version 2.0. © Videntic AB. Supersedes version 1.0 dated 12 August 2025.
See also: Privacy Policy