Terms of Service

These terms are an agreement between you and Spatient ("Spatient", "we", "us"). They cover the Spatient private beta: the desktop app, the command-line client (CLI), the capture service that runs on your machine (spatientd), the viewer, the web dashboard, the API at api.spatient.ai and our cloud storage (together, "the Service").

You accept these terms when you agree to them to sign in, whether in the desktop app, the CLI or the dashboard. We record the version you accepted, and when you accepted it, against your account. If you don't agree, don't sign in or use the Service.

Please read section 5 in particular. It gives us permission to use what you capture to train machine-learning models.

If you use the Service on behalf of an organisation, you confirm you're authorised to accept these terms for it, and "you" includes that organisation.

• Access is by invitation only, and you must be at least 18.
• The Service is pre-release software. Features may change, break or be removed, and we may pause or end the beta at any time.
• The beta is free. If we introduce paid plans, we'll tell you in advance and never charge you without your agreement.
• Don't share builds, download links or your access with anyone outside the beta.
• We may need to reset or remove stored data during the beta, for example after a change to how captures are stored. We'll give you notice where we reasonably can.

• You sign in with Discord. Discord shares your Discord user ID, username, display name, avatar and email address with us, along with whether Discord has verified that address. Your use of Discord is covered by Discord's own terms.
• Each machine you sign in on gets its own credential, labelled with the machine's host name unless you choose another label. We only store a hash of the credential, never the credential itself.
• You're responsible for what happens under your account. Sign out of machines you no longer use, and tell us straight away at [email protected] if you think someone else has used your account.

Spatient only records while a capture session is running, and only from the target you choose. A session can collect:

• video of the target window or display;
• audio from the target application;
• keyboard, mouse and gamepad input made while the target is in focus, including every key you press;
• a session manifest describing the session and the machine that recorded it: your capture settings, operating system and version, host name, processor, memory, graphics hardware and drivers, connected input devices and gamepads (including manufacturer and product identifiers, and serial numbers where a device reports one), and details of the display and target window; and
• any custom events or data you add with plugins.

Because every key you press in the target is recorded, and captures can be used to train models (section 5), don't type passwords, payment details or other secrets into a target while a session is running, and don't capture a target that shows other people's private information.

While you're signed in, the capture service uploads each session to our cloud storage as it records, and removes the local copy once it has been uploaded. During the beta, the uploaded copy may be the only copy of a capture.

You own your captures. Nothing in these terms takes that ownership away from you.

You give us permission to store, copy, process, transmit and display your captures as needed to run the Service for you: to store and index them, show them to you, run features you ask for, keep the Service secure and fix problems.

You also give us complete permission to use your captures, and any other data collected through the Service, to train, test and improve machine-learning models. This permission is worldwide, royalty-free, perpetual and irrevocable. It covers copying, analysing, labelling, modifying and combining that data for training, by us and by the service providers that help us train. Our team may review captures to prepare them as training data. We own the models we train.

We don't sell your captures or publish them, for example as part of a public dataset, without your separate, explicit permission.

You can delete a session from the desktop app, the CLI or the dashboard once it has finished uploading. Deleting it removes its uploaded files from our capture storage and its record from our database straight away, and it can't be undone. Its record can remain in our database provider's backups until they expire on their normal schedule. Deleting a capture doesn't remove it from training data it has already been copied into, or from models already trained on it, and our permission to use it for training continues.

You're responsible for your captures. You confirm that you have the right to record what's in them and to give us these permissions, including for anyone else who can be seen or heard in them (see section 6).

You agree not to:

• install or run Spatient on a device you don't own or aren't authorised to use, or use it to record anyone without their knowledge. Spatient is not monitoring software;
• capture content you don't have the right to capture, or anything unlawful. We report child sexual abuse material to the authorities;
• record other people, for example in voice chat, where the law requires their consent and you don't have it;
• break the terms of the software you capture. Some games and apps don't allow recording, input logging or third-party tools, and their anti-cheat systems may act against them. You're responsible for checking, and we aren't responsible for any action a third party takes against your account;
• probe, overload or disrupt the Service, get around its security or limits, or access anyone else's account or data;
• copy, modify, decompile or reverse engineer our software, except where the law allows it; or
• resell the Service or provide it to anyone else.

We give you a personal, non-exclusive, non-transferable and revocable licence to install and use our apps for the beta while these terms apply. We may release updates, and older versions may stop working with the Service.

We own the Service, our software and our brand. These terms don't transfer any of those rights to you.

If you send us feedback or ideas, we may use them freely without owing you anything.

Spatient is responsible for the personal data described in these terms. We use it to provide and secure the Service, to contact you about the Service, to train and improve machine-learning models as described in section 5, and to meet our legal obligations.

We hold:

• your account: the Discord details in section 3, your Spatient username, and which version of these terms you accepted and when;
• a record of each machine you sign in on, its label and when its credential was last used;
• your captures and their manifests (section 4); and
• operational logs from our servers, such as IP addresses, request details and account identifiers, kept for a limited period for security and debugging.

Our website uses Umami analytics, which sets no cookies and only reports visits in aggregate. The web dashboard sets one cookie to keep you signed in. It's needed for the dashboard to work and isn't used for tracking.

We rely on these service providers to run the Service: Discord (sign-in), Render (API hosting, in Frankfurt), Cloudflare (website delivery, and capture storage in its EU jurisdiction), Tiger Data (database) and Umami (website analytics), along with providers of computing services we use to train models. Some providers, including Discord, process data outside the UK and EU. Where they do, we rely on safeguards the law recognises.

We keep your account and captures until you delete them, you close your account, or we remove them at the end of the beta. Data already used for training is kept as described in section 5.

You can ask us for a copy of your personal data, or ask us to correct it, delete it, restrict or object to how we use it, or move it elsewhere, by emailing [email protected]. You can also complain to the Information Commissioner's Office (ico.org.uk) or your local data protection authority.

You can stop using the Service at any time. To close your account, email [email protected] and we'll delete your account, linked sign-ins, machine credentials and captures within 30 days, apart from training data as described in section 5.

We may suspend or close your account if you breach these terms, if your use puts the Service or other people at risk, or if we end the beta. We'll tell you why, unless the law or a security reason stops us.

When your account is closed, your licence to use our software ends. The training permission in section 5, and sections 10 and 12, continue to apply.

The Service is a beta and is provided "as is" and "as available". As far as the law allows, we don't promise that it will be uninterrupted, secure or free of errors, that captures will be complete, accurate or in sync, or that stored data won't be lost.

Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud, or for anything else the law doesn't allow us to limit. If you're a consumer, these terms don't affect your legal rights.

Subject to that, and because the beta is free:

• we aren't liable for loss of profit, revenue, business, goodwill or opportunity, or for any indirect or consequential loss;
• we aren't liable for loss or corruption of captures or other data, unless it was caused by our failure to take reasonable care; and
• our total liability to you for anything relating to the Service is limited to £100.

We may update these terms. Each version is dated and stays available at spatient.ai/terms/ followed by its date, and spatient.ai/terms always shows the current one.

If a change materially affects you, we'll tell you before it takes effect, by email or in the app. You'll be asked to accept the current version when you next sign in, and we record which version you accepted. If you keep using the Service after a new version takes effect, it applies to you. If you don't agree to it, stop using the Service and ask us to close your account.

• These terms are governed by the law of England and Wales, and disputes go to the courts of England and Wales. If you're a consumer living elsewhere in the UK or in the EU, you can also bring proceedings where you live, and you keep the protection of the mandatory laws of your country.
• These terms are the whole agreement between you and us about the beta.
• If a court finds part of these terms unenforceable, the rest still applies.
• If we don't enforce a right straight away, we can still enforce it later.
• We may transfer this agreement to another organisation, including a company set up to run Spatient, and will tell you if we do. You may not transfer it without our written consent.
• No one else has any rights under these terms.

For questions about these terms, privacy requests or closing your account, email [email protected].