Terms of Use
Terms of Use
These Terms of Use (the “Terms”) are a legal agreement between you or the entity you represent (“Customer” or “you”) and ACRCloud PTE. LTD. (“ACRCloud”, “we”, “us” or “our”). They govern your use of the ACRCloud website, console, APIs, SDKs, documentation and related services (collectively, the “Services”).
By creating an account, accepting an order, or using the Services, you agree to these Terms. If you do not agree, do not use the Services. If you accept these Terms for an entity, you represent that you have authority to bind that entity.
1. Definitions
2. The Services
ACRCloud provides automatic content-recognition, fingerprinting, metadata, monitoring, speech-to-text, AI-content-detection and related services described in the applicable order, console and documentation. The features, limits, supported formats and regional availability may vary by product and plan.
We may improve, maintain or modify the Services. We will not materially reduce a paid feature during its current subscription term without providing a reasonably comparable alternative or the termination rights required by applicable law or the applicable order.
For Content Recognition Services, ACRCloud may receive media, streams or URLs, temporarily process them, generate fingerprints, compare them with reference data, and return recognition results and associated metadata. The exact supported formats, quotas, rate limits and project capabilities are those shown in the console, documentation or applicable order.
3. Accounts and credentials
You must provide accurate account information and keep access credentials confidential. You are responsible for activity conducted through your account, except to the extent caused by ACRCloud’s breach of its security obligations. Notify us promptly at support@acrcloud.com if you suspect unauthorized access.
You must be at least 18 years old, or have the authority required to accept these Terms. If an account is created for an entity, you may permit only authorized users to access it. You must not create duplicate accounts to evade trial restrictions, quotas, billing, security controls or an account suspension. Team or multi-user access is permitted only to the extent supported by the applicable plan or order.
4. Customer Content and permissions
You retain all rights you hold in Customer Content. You grant ACRCloud a limited, non-exclusive, worldwide license to host, transmit, temporarily process, reproduce as technically necessary, and create Derived Data from Customer Content solely to provide, secure and support the Services you have requested.
You represent and warrant that you have all rights, notices, permissions and lawful bases required to submit Customer Content and to instruct ACRCloud to process it. You are responsible for informing affected individuals where required, including where audio or video contains a person’s voice, image or other Personal Data.
You must not submit content in violation of law, third-party rights, confidentiality obligations, export restrictions or the applicable order. Do not submit special-category Personal Data, children’s data or sensitive content unless the relevant Service and written agreement expressly support it.
You are responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of Customer-provided metadata. You are also responsible for maintaining copies of metadata and other information that you need for your business. Except as stated in the applicable order, DPA or law, ACRCloud is not responsible for the deletion, correction, destruction, damage, loss or failure to store Customer-provided metadata. You remain responsible for clearing copyrights, licenses, permissions and other rights for all uploaded or submitted material, including audio, video, images and related information.
5. Raw audio and video: temporary processing only
ACRCloud does not retain Customer-uploaded raw audio or video after the processing required to provide the Service. An upload may be temporarily buffered in memory or transient processing storage while it is transmitted, decoded, fingerprinted, recognized or converted. These transient copies are automatically deleted after successful processing or processing failure and are not used for any independent purpose.
ACRCloud does not use raw audio or video as an archive, content library or training dataset. We do not place raw audio or video in long-term backups. Any transient resilience copy will be automatically deleted when the processing lifecycle ends and will not be retained as a long-term backup.
This section does not mean that no data is retained. ACRCloud may retain Derived Data and Service Data as described in Section 6 and the applicable retention schedule.
6. Derived Data and retention
To provide recognition and related features, ACRCloud may create and retain Derived Data, including fingerprints, identifiers, Customer-provided metadata, recognition results and timestamps. Derived Data is not raw audio or video.
Customer may self-service delete all Customer Usage Data created, submitted or generated through the relevant Service by using the available Service controls. This includes, without limitation, uploaded-file records and results in File Scanning, monitoring streams and monitoring results, fingerprints, recognition results, request records, project data and related Service Data. Deletion of selected Customer Usage Data does not require an account downgrade or account closure.
When Customer initiates deletion, ACRCloud will remove the selected Customer Usage Data from active Service systems after standard technical propagation. Limited copies may remain only where required by law or necessary for a limited security, fraud-prevention, billing or legal purpose. Any retained information remains protected and will be deleted when the applicable retention purpose ends in accordance with the applicable retention schedule. Return and deletion at the end of a processing service are governed by the DPA.
Unless Customer expressly enables a shared reference-database or rights-management feature, ACRCloud will not add Customer Content or Customer-specific Derived Data to a shared reference database or make it available to other customers. Any exception must be described in the applicable order or product documentation.
7. No model training or unrelated use
ACRCloud will not use Customer Content or Customer-specific Derived Data—including audio, video, fingerprints, metadata, transcripts, prompts or outputs—to pre-train, train, fine-tune, evaluate, benchmark or improve any machine-learning, generative-AI or other statistical model, or to create datasets for those purposes.
We will not sell Customer Content or Customer-specific Derived Data. We will not provide it to a third-party model provider for model training or improvement. ACRCloud may process limited, aggregated and irreversibly anonymized Service Data for security, abuse prevention, billing, capacity planning and service reliability; such data will not be used to reconstruct Customer Content or train a model.
8. EEA Region and international transfers
Where Customer selects an EEA Region for a project, ACRCloud will process and store Customer Content, Derived Data and project-related Service Data only within the European Economic Area (EEA), including applicable backups and disaster-recovery systems.
For an EEA Region project, ACRCloud will not transfer or permit access to that project data from outside the European Economic Area, except where required by applicable law or where Customer expressly instructs us through an external integration. We will notify Customer of a legally compelled disclosure where legally permitted and will disclose only the minimum information required.
“Europe” is not a data-residency definition. The United Kingdom must be identified separately from the EEA. Website analytics, marketing, payment processing, account administration and other data not belonging to the selected project are described in the Privacy Policy and may be subject to separate regional arrangements.
If a transfer of Personal Data outside the EEA is required for a Service, it will be made only under a lawful transfer mechanism and appropriate safeguards required by applicable data-protection law.
For an EEA Region project, “EEA Project Data” includes Customer Content while it is transiently processed and the project’s Derived Data and Service Data, including applicable logs, backups and disaster-recovery copies. Account, billing, website, analytics and marketing data that is not associated with that project is handled under the Privacy Policy and the arrangements applicable to those services.
9. Data protection roles and Data Processing Addendum
For Customer Content and project data processed on Customer’s documented instructions, Customer is generally the controller and ACRCloud is the processor. For account administration, billing, security, direct marketing and operation of the public website, ACRCloud may act as an independent controller. Where applicable, the parties’ Data Processing Addendum (the “DPA”) forms part of the agreement and controls over these Terms to the extent of a conflict concerning the processing of Personal Data.
As a processor, ACRCloud will process Personal Data only on documented instructions, require confidentiality from authorized personnel, apply appropriate technical and organizational measures, maintain an up-to-date subprocessor list, assist Customer with data-subject requests and security obligations, notify Customer of a Personal Data breach without undue delay, and delete or return Personal Data at the end of the applicable processing period unless law requires retention.
The DPA is publicly available at acrcloud.com/dpa. It identifies the subject matter and duration of processing, nature and purpose, categories of Personal Data and data subjects, documented instructions, security measures, subprocessor authorization, assistance with data-subject rights and breaches, audit information, and deletion or return requirements.
10. Security and confidentiality
ACRCloud will maintain reasonable technical and organizational safeguards appropriate to the risk, including access controls, encryption in transit, least-privilege access, logging and secure deletion procedures. A current description of our safeguards is available from ACRCloud on request at support@acrcloud.com.
Each party will protect the other party’s non-public information using at least reasonable care, use it only for the purposes of the relationship, and disclose it only to personnel and service providers who need to know it and are bound by confidentiality obligations. Confidentiality obligations do not apply to information that is public without breach, already lawfully known, independently developed or required to be disclosed by law.
11. Subprocessors and service providers
ACRCloud may use subprocessors and service providers to provide hosting, security, support, billing and other operational functions. The current list and applicable locations are available from ACRCloud on request. ACRCloud will notify Customer of an intended material addition or replacement at least 30 days in advance where reasonably practicable; Customer may object within 15 days on reasonable data-protection grounds as described in the DPA. ACRCloud will impose data-protection obligations on subprocessors that are no less protective than the applicable requirements.
12. Data-subject requests and deletion
If Customer is the controller, Customer is responsible for receiving and responding to requests from individuals whose Personal Data appears in Customer Content or project data processed on Customer’s behalf. Those individuals should direct rights requests to Customer. ACRCloud will provide the reasonable assistance required by applicable law and the DPA.
Customer may self-service delete all Customer Usage Data created, submitted or generated through the relevant Service by using the available Service controls. This includes, without limitation, uploaded-file records and results in File Scanning, monitoring streams and monitoring results, fingerprints, recognition results, request records, project data and related Service Data. Deletion of selected Customer Usage Data does not require an account downgrade or account closure.
When Customer initiates deletion, ACRCloud will remove the selected Customer Usage Data from active Service systems after standard technical propagation. Information retained because applicable law requires it, or for a limited security, fraud-prevention, billing or legal purpose, remains protected and is deleted when the retention purpose ends in accordance with the applicable retention schedule. Raw audio and video remain subject to Section 5.
Return or deletion of Customer Personal Data when processing services end is governed by the DPA. The self-service deletion controls do not reduce Customer’s rights to request assistance under the DPA or applicable data-protection law.
13. Acceptable use
You may use the Services for lawful internal business purposes and may permit your authorized employees and independent contractors to use them on your behalf. You remain responsible for their acts and omissions. Resale, sublicensing, service-bureau use, or making the Services available to third parties or as part of a customer-facing product is permitted only where expressly allowed by the applicable plan, order or documentation.
You may use the Services only for lawful business purposes and in accordance with the documentation. You must not:
- infringe intellectual-property, privacy, publicity or other rights;
- upload malware or attempt to bypass quotas, authentication or security controls;
- reverse engineer, decompile or create a competing service from the Services, except where applicable law does not permit that restriction;
- use the Services to make decisions that unlawfully discriminate or that produce legal or similarly significant effects about an individual without appropriate safeguards; or
- use the Services in a way that could subject ACRCloud or others to civil or criminal liability.
14. Intellectual property
ACRCloud and its licensors retain all rights in the Services, software, documentation, algorithms, general know-how, pre-existing databases and trademarks. Except for the limited rights expressly granted in these Terms, no rights are transferred to Customer.
Customer retains rights in Customer Content and Customer-provided metadata. ACRCloud’s ownership of its technology or general fingerprinting methods does not grant ACRCloud permission to retain or use raw Customer Content for an unrelated purpose. Any rights and permitted uses concerning customer-specific fingerprints or other Derived Data are limited by Sections 5–9 and the applicable DPA or order.
14.1 ACRCloud brand and attribution
ACRCloud may permit or require the display of ACRCloud names, logos or attribution when Customer’s product or service uses ACRCloud technology, including under an applicable brand or partner program. Customer must follow the applicable brand guidelines and may not suggest endorsement or ownership of ACRCloud marks. No trademark license is granted except as expressly authorized.
15. Third-party services and callbacks
The Services may interoperate with third-party platforms or Customer-configured callback URLs. Customer is responsible for the legality, security and availability of endpoints it controls. Data sent to a Customer endpoint is handled according to Customer’s own instructions and privacy obligations.
ACRCloud will not disclose Customer Content or Customer-specific Derived Data to a content owner, marketing partner or other third party except as necessary to provide an expressly requested feature, on Customer’s documented instructions, through an approved subprocessor, or as required by law. Any legally required disclosure is limited to the minimum necessary.
16. Marketing and cookies
We may send transactional messages required to operate the account and Services. We will send marketing communications only where permitted by applicable law and will provide a clear way to opt out. Marketing consent is separate from acceptance of these Terms and is not required to use the Services.
Cookies and similar technologies are described in the Privacy Policy and, where required, controlled through a separate consent mechanism. Refusing optional cookies will not prevent access to core Services.
We may use account, contact and billing information to create and administer accounts, provide support, secure the Services, prevent abuse, process payments and communicate about the relationship. Marketing communications are subject to applicable law and the Privacy Policy, and may be opted out of. We will not disclose Customer Information to a marketing partner, content owner or other third party for an unrelated purpose without authorization, documented instructions or a legal requirement.
17. Fees, billing and refunds
17.1 Free trials and plan limits
If ACRCloud offers a free trial, the duration, quotas, supported features and other limits shown at sign-up or in the applicable order control. Unless otherwise stated, a trial lasts 14 calendar days or ends earlier when its usage limit is reached. ACRCloud may change trial limits, decline repeated trials or end a trial where necessary to prevent abuse. At the end of a trial, access may expire or Customer may upgrade, renew or move to a paid or free plan made available by ACRCloud.
17.2 Paid services
Customer will pay the fees stated in the applicable order or plan. ACRCloud may accept credit cards, bank transfers or other payment methods made available at purchase. Billing cycles, usage charges, quotas, taxes, cancellation terms and plan changes will be shown at purchase or in the applicable order. Customer authorizes ACRCloud or its payment provider to charge the selected payment method for amounts due.
17.3 Refunds and billing disputes
Except where required by applicable law or stated in an applicable order, fees paid or charged are non-refundable after the relevant billing event. Customer should promptly contact support@acrcloud.com about duplicate, unauthorized or erroneous charges. ACRCloud may investigate and issue a correction, credit or refund where appropriate. Nothing in this section limits non-waivable consumer rights.
18. Suspension and termination
Either party may terminate an order in accordance with its terms. ACRCloud may suspend access where reasonably necessary to address a security risk, unlawful activity, non-payment or material breach. We will provide notice and an opportunity to cure where reasonably practicable.
Termination does not affect rights or obligations that by their nature should survive, including confidentiality, intellectual property, payment obligations, limitations of liability, dispute provisions and data-deletion obligations.
19. Warranties and disclaimers
Each party represents that it has authority to enter into these Terms. ACRCloud will provide the Services with reasonable care and skill. Except as expressly stated, the Services are provided on an “as available” basis. To the maximum extent permitted by law, ACRCloud disclaims implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that every recognition result will be complete, accurate, uninterrupted or error-free.
20. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue or goodwill. ACRCloud’s aggregate liability arising from these Terms will not exceed the fees paid or payable by Customer for the affected Services during the twelve months before the event giving rise to the claim.
These limitations do not apply to liability that cannot lawfully be limited, including fraud, willful misconduct, death or personal injury caused by negligence, or a party’s infringement of the other party’s intellectual-property rights.
21. Indemnification
Customer will defend and indemnify ACRCloud against third-party claims arising from Customer Content, Customer’s unlawful use of the Services, Customer’s breach of these Terms, or Customer’s failure to obtain the rights and permissions required under Section 4. ACRCloud will promptly notify Customer and provide reasonable cooperation. This section does not apply to the extent a claim is caused by ACRCloud’s breach, negligence or willful misconduct.
22. Changes to these Terms
We may update these Terms by posting a revised version with a new effective date. For material changes, we will provide reasonable advance notice through the console, email or another appropriate channel. If a material change substantially disadvantages Customer during a paid term, Customer may terminate the affected order within a reasonable period after notice, unless the change is required by law, security needs or a third-party platform.
23. Governing law and disputes
These Terms are governed by the laws of Hong Kong, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. Disputes will be resolved by arbitration administered by the China International Economic and Trade Arbitration Commission in Beijing, unless applicable law requires another forum or grants a non-waivable right to bring a claim elsewhere. Nothing in this section limits mandatory consumer or data-protection rights.
24. General
Neither party may assign these Terms without the other party’s consent, except in connection with a merger, reorganization or sale of substantially all assets where the assignee assumes the obligations. If any provision is unenforceable, the remaining provisions remain effective. These Terms, the applicable order, the Privacy Policy and the DPA form the entire agreement concerning the Services. In the event of conflict, the order controls commercial terms, the DPA controls Personal Data processing, and these Terms control all other matters.
The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, fiduciary or agency relationship, and neither party may bind the other. A failure to enforce a provision is not a waiver. Provisions that by their nature should survive termination—including confidentiality, intellectual property, payment, liability, dispute resolution and data-deletion obligations—survive. No person other than the parties and permitted successors has third-party beneficiary rights unless the applicable order expressly says otherwise.
25. Contact
Questions about these Terms or data protection may be sent to support@acrcloud.com.
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