Terms of Service

Birha provides image and video dataset collection, quality control, annotation, and delivery services for machine learning and AI research use cases. The specific scope, volume, format, and timeline of each engagement are agreed in a separate written statement of work or order form ("Order").

We reserve the right to decline any dataset request that we determine, at our sole discretion, conflicts with ethical guidelines, applicable law, or Birha's policies.

Subject to full payment and compliance with these Terms, Birha grants you a non-exclusive, non-transferable, worldwide license to use the delivered dataset(s) solely for training, fine-tuning, evaluating, and testing machine learning models ("Permitted Use").

Unless the Order expressly states otherwise:

• You may not resell, sublicense, or redistribute the dataset or any substantial portion of it to third parties.
• You may not use the dataset to build a competing data collection or annotation service.
• You may not reverse-engineer contributor identities from the dataset.
• Academic and non-commercial research use within your organisation is permitted under the standard license.

Custom licensing terms (e.g. expanded redistribution rights, joint ownership) may be negotiated in the Order.

Birha retains ownership of its collection methodology, QC pipeline, annotation tooling, and any proprietary software used to deliver the services. The dataset deliverable itself is licensed (not sold) to you under Section 2.

Birha does not claim ownership of models you train on the delivered data. You own your models.

All raw media contributed by Birha's contributor network is obtained under contributor agreements that grant Birha the right to license that content to customers. Contributor personal information is not included in dataset deliverables.

Fees, payment schedules, and invoicing terms are specified in the Order. Unless otherwise agreed:

• Invoices are payable within 30 days of the invoice date.
• Late payments accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.
• Birha may suspend delivery of additional data if invoices remain unpaid beyond 45 days.
• All fees are exclusive of applicable taxes; you are responsible for any taxes imposed on your jurisdiction.

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). Neither party will disclose the other's Confidential Information to third parties without prior written consent, except as required by law.

The existence of an Order and its commercial terms are Confidential Information of both parties. Either party may reference the other as a customer or vendor for general marketing purposes unless the other party objects in writing.

Each party represents and warrants that:

• It has the legal authority to enter into these Terms.
• Its performance under these Terms will not violate any applicable law or third-party agreement.

Birha additionally warrants that:

• Deliverables will materially conform to the specifications set out in the Order.
• It has obtained appropriate consents and rights from contributors to license the content in the dataset.

Except as expressly stated, Birha provides services and deliverables "as is" without warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Birha does not warrant that dataset content is free of errors, that any particular model accuracy will be achieved, or that the data will meet your specific research requirements.

To the maximum extent permitted by applicable law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, even if advised of the possibility of such damages.

Birha's total aggregate liability to you under or related to these Terms will not exceed the fees paid by you to Birha in the 12 months preceding the claim.

You agree to defend, indemnify, and hold harmless Birha and its personnel from any claims, losses, or damages (including legal fees) arising from: (a) your use of the dataset in a manner that violates these Terms or applicable law; (b) any model, product, or service you develop using the dataset; or (c) your breach of any representation or warranty herein.

These Terms remain in effect for as long as you hold a valid license to any Birha dataset or have an open Order with Birha.

Either party may terminate an Order for material breach if the breach is not cured within 30 days of written notice. Upon termination: (a) all unpaid fees become immediately due; (b) your license to the relevant dataset terminates; and (c) each party will return or destroy the other's Confidential Information on request.

Sections 2 (license restrictions), 3 (IP), 5 (confidentiality), 6 (warranties — disclaimers), 7 (liability), 8 (indemnification), and 11 (governing law) survive termination.

You must not use Birha datasets or services to:

• Train models intended for surveillance, facial recognition, or tracking of individuals without their consent.
• Develop autonomous weapon systems or systems designed to cause physical harm.
• Violate any applicable law, regulation, or third-party rights.
• Circumvent Birha's contributor consent framework or attempt to re-identify contributors.

Birha reserves the right to terminate your license immediately and without refund if you breach this section.

These Terms are governed by the laws of India. Any dispute arising under these Terms that cannot be resolved amicably within 30 days of written notice will be referred to arbitration under the Arbitration and Conciliation Act, 1996, with a single arbitrator mutually agreed upon by the parties. The seat of arbitration will be Bengaluru, India. Proceedings will be conducted in English.

Nothing in this section prevents either party from seeking urgent injunctive relief in a court of competent jurisdiction.

We may revise these Terms from time to time. We will notify active customers by email at least 30 days before material changes take effect. Your continued use of Birha services after that date constitutes acceptance of the revised Terms.

For questions about these Terms, email hello@birha.in.