Data Use Agreement

Article 1 — Definitions

"Data" refers to all content, metadata, behavioral observations, timestamps, annotations, and any derivative information obtained through the Platform, including but not limited to: live video streams, session recordings (where permitted), observational notes, behavioral coding data, and aggregate statistics.

"Researcher" refers to any individual granted Research or Research Plus tier access who accesses Data for academic, scientific, or institutional purposes.

"Named Researcher" refers to a specific individual identified by name and institutional affiliation who has been authorized to handle Data under this Agreement.

Article 2 — Permitted Uses

Data may be used solely for:

• Academic research conducted under IRB-approved or equivalent ethical review protocols
• Non-commercial behavioral observation and analysis
• Statistical aggregation where individual identification is not possible
• Internal institutional review and educational purposes

All use must comply with the specific provisions of your subscription tier as outlined in Article 9.

Article 3 — Prohibited Uses

The following uses of Data are strictly prohibited:

• AI Training: Using Data to train, fine-tune, validate, or develop any artificial intelligence, machine learning, or neural network model
• Redistribution: Sharing, sublicensing, selling, or otherwise distributing Data to any third party not covered under this Agreement
• Deepfakes & Synthetic Media: Creating deepfakes, synthetic media, or any AI-generated or manipulated content derived from Platform Data
• Re-identification: Attempting to identify, locate, or contact the subject using Data obtained from the Platform
• Commercial Use: Using Data for commercial purposes, advertising, or product development without explicit written authorization

Article 4 — Data Handling Requirements

All Researchers must adhere to the following data handling requirements:

• Encryption: All Data must be encrypted at rest (AES-256 or equivalent) and in transit (TLS 1.2+)
• Named Researchers: Only Named Researchers listed on the account may access Data. A current list must be maintained and provided upon request
• Deletion: All Data must be securely deleted within 30 days of the end of the research project or termination of this Agreement, whichever comes first
• Access Controls: Data must be stored in access-controlled environments with audit logging enabled
• Incident Reporting: Any unauthorized access or data breach must be reported to MeBeingHuman within 24 hours

Article 5 — Publication & Disclosure Approval

Any publication, presentation, poster, preprint, or public disclosure of research findings derived from Platform Data requires prior written approval from MeBeingHuman. Researchers must submit materials for review with a minimum 30-day notice period before intended publication. MeBeingHuman reserves the right to request modifications to protect the subject’s identity and privacy.

Article 6 — Breach & Termination

Breach of this Agreement results in immediate termination of Data access and all associated privileges. In the event of a material breach, the Researcher agrees to pay liquidated damages of $50,000 USD per incident, acknowledging that actual damages may be difficult to calculate and that this amount is a reasonable estimate of the harm caused.

Upon termination, the Researcher must: immediately cease all use of Data, securely delete all copies within 72 hours, provide written certification of deletion, and return any physical materials containing Data.

Article 7 — Indemnification

The Researcher agrees to indemnify, defend, and hold harmless MeBeingHuman, the subject, and their respective affiliates from any and all claims, damages, losses, and expenses arising from the Researcher’s use of Data, violation of this Agreement, or any unauthorized disclosure or misuse of Data by the Researcher or their agents.

Article 8 — Governing Law

This Agreement is governed by the laws of the State of Delaware. Disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association (AAA), consistent with the dispute resolution provisions in the Terms of Service.

Article 9 — Tier-Specific Provisions

RESEARCH Research Tier

• Access to live streams with behavioral annotation tools
• Data export limited to aggregated, de-identified datasets
• Maximum of 3 Named Researchers per account
• Publication rights subject to Article 5 approval process
• Standard data retention: 30 days post-project

RESEARCH PLUS Research Plus Tier

• All Research tier privileges, plus:
• Extended data export including timestamped behavioral data
• Up to 10 Named Researchers per account
• Priority publication review (15-day turnaround)
• Institutional license for classroom and seminar use
• Dedicated research liaison for data access requests

Article 10 — Term & Survival

This Agreement remains in effect for the duration of the Researcher’s subscription and survives termination with respect to: data handling and deletion obligations, indemnification, limitation of liability, and any provisions that by their nature should survive.

Article 11 — Contact

For questions regarding this Data Use Agreement or to submit publication review requests:

access@mebeinghuman.ai