Last updated: 2026-09-15 Version: 2026-09-15 Product: Semper (IndicVision DIC) — Android application, optional cloud services, and web console Operator: [OPERATOR LEGAL NAME], [REGISTERED ADDRESS], Chennai, Tamil Nadu, India ("we", "us", "IndicVision")
These Terms of Service (the "Terms") are a binding agreement between you and the Operator. They govern your use of the Semper Android application (the "App"), the analysis engine embedded in it (the "Engine"), the optional cloud services operated with it (identity, sync, restore, licensing, and the web console) (together the "Service"), and all related documentation.
1.1 Acceptance. You accept these Terms by ticking the "I have read and agree to the Terms of Service and Privacy Policy" box and tapping Agree and continue in the App, or by otherwise using the App or the Service after being shown these Terms. If you do not agree, do not create an account and do not use the App or the Service. We keep a record of the version you accepted, when, and from which registered device, as evidence of this agreement.
1.2 Professional use only. Semper is a professional engineering and research tool. It is offered to businesses, institutions, and individual professionals acting in the course of their trade, business, or profession. It is not offered to consumers. If you accept these Terms on behalf of an employer, institution, or other entity, you represent that you have authority to bind that entity, and "you" includes that entity.
1.3 Eligibility. You must be at least 18 years old (or the age of majority where you live, if higher) and legally able to enter into contracts.
1.4 Territory. The Service is operated from India and is directed at users in India and in other markets where we choose to make it available. The Service is not directed at, marketed to, or made available for residents of the European Union, the European Economic Area, or the United Kingdom, and we do not offer it there. If you nevertheless access the Service from such a place, you do so on your own initiative and are responsible for compliance with local law.
2.1 On-device analysis. Semper performs digital image correlation (DIC) and related measurement work on your device. Core analysis does not require a network connection.
2.2 Cloud features. Optional cloud features provide sign-in and identity (Firebase Authentication), account and session metadata storage (Firestore), artifact storage (a Google Drive Shared Drive controlled by the Operator), sync, restore, licensing and entitlement checks, operator approval and administration, and a web console.
2.3 Plans and licences. The App may be offered on a Demo plan (limited features, sessions, or duration) and a Professional plan activated by a licence key or an institution seat. Plan limits, feature flags, quotas, and file-size limits are set by us, may differ by deployment, and may change as described in section 17.
2.4 No generative AI. The App and the Service do not include any generative AI or large-language-model feature.
3.1 Registration. You must provide accurate, current information when registering and keep it updated. One person may hold one account. You may not register on behalf of another person without authority.
3.2 Approval states. New accounts start as PENDING. An operator administrator may move an account to APPROVED (full access) or SUSPENDED (no access). We may keep an account PENDING or decline approval for any reason.
3.3 Credentials and security. You are responsible for keeping your sign-in credentials, second factors, and licence keys confidential, and for all activity under your account. Tell us immediately if you suspect unauthorised use.
3.4 Device attestation. High-consequence actions are bound to a registered device by cryptographic attestation. An account may be locked to a device or seat. Transferring to a new device may require re-registration, release of a seat, or operator action, and may be refused where it would exceed your plan.
4.1 Ownership. The App, the Engine, the Service, the web console, and all software, source and object code, algorithms, models, calibration and reference data, file formats (including the .dat field format and animated summary outputs), user interfaces, documentation, designs, and all associated names, logos, and trademarks (including "Semper" and "IndicVision") are and remain the exclusive property of the Operator and its licensors, protected by copyright, trade-secret, trademark, patent, and other laws. Nothing in these Terms transfers any ownership interest to you.
4.2 Your licence. Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the App on devices you control, and to access the Service, solely for your internal engineering, research, or professional purposes. All rights not expressly granted are reserved.
4.3 Open-source components. The App includes third-party open-source components (for example OpenCV) licensed under their own terms. Those terms govern those components to the extent they conflict with these Terms, and nothing in these Terms limits rights those licences expressly grant you.
4.4 Feedback. If you send us suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, royalty-free, worldwide right to use them for any purpose without obligation to you.
4.5 Trademarks. You may not use our names, logos, or trademarks, or any confusingly similar mark, without our prior written permission, including in product names, domain names, or marketing.
You must not, and must not permit or assist anyone else to:
We may investigate any suspected violation, remove content, restrict features, and cooperate with law enforcement and rights holders.
6.1 Demo plan. Demo access is provided free of charge, may be limited in features, sessions, files, frames, or duration, and may be changed, suspended, or withdrawn at any time without liability.
6.2 Professional plan. Professional access requires a valid licence key or institution seat. Fees, term, seat counts, and renewal are as stated in your order, invoice, or licence document. Fees exclude taxes; you are responsible for all applicable taxes, duties, and withholding other than taxes on our income.
6.3 No refunds. Except where required by applicable law, all fees are non-refundable, including on early termination, suspension for breach, or non-use.
6.4 Expiry and grace. When a licence expires, or a seat is released, revoked, or fails revalidation, the account reverts to the Demo plan (after any grace period we choose to provide). Reversion does not delete your stored sessions, but access to them may be limited by Demo plan limits.
6.5 Price changes. We may change fees for future terms on notice. Continued use or renewal after the effective date constitutes acceptance of the new fees.
7.1 Your content. You retain all rights you hold in the images, analysis sessions, results, reports, and other data you create with the App ("Your Content"). You are solely responsible for Your Content and for having all rights, consents, and authorisations needed to process it with the App and the Service.
7.2 Licence to operate the Service. By syncing or uploading Your Content, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, back up, and process Your Content solely as necessary to provide, secure, support, and maintain the Service, to enforce these Terms, and to comply with law. This licence continues for residual backup copies for the retention period described in the Privacy Policy.
7.3 Product-improvement consent (optional). Separately from these Terms, the App asks whether you allow Your Content to be used to improve Semper. This is a free choice presented as its own option that you can untick before continuing, is not a condition of using the App or the Service, and can be withdrawn at any time in Settings → Your data or by contacting us. Only if and for as long as you have given that consent, you grant us a worldwide, non-exclusive, royalty-free licence to use Your Content synced to the Service (including images, .dat fields, reports, session metadata, and metrics derived from them) to test, tune, validate, benchmark, train, and improve the Engine, the App, and the Service. We will: process such data in de-identified or pseudonymised form wherever feasible; hold it in a separate improvement dataset with restricted access; never publish it in a form that identifies you or your specimens; and never sell it. If you withdraw consent, we stop new use immediately and delete Your Content from improvement datasets within thirty (30) days, except for aggregated or derived results (such as tuned parameters or statistics) that no longer contain Your Content and cannot reasonably be reversed.
7.4 Diagnostics and aggregate metrics. Crash reports and coarse usage events are collected only if you opt in (see the Privacy Policy). We may use de-identified, aggregated operational and engine metrics that do not contain Your Content to operate, secure, and improve the Service; you may object at any time using the same Settings toggle.
7.5 Quotas and limits. Cloud quotas, file-size limits, and retention rules apply to Your Content. We may refuse or remove content that exceeds limits or violates section 5.
Our processing of personal data is described in the Privacy Policy, which forms part of these Terms. The Service is hosted on infrastructure that may be located outside your country; by using the Service you acknowledge that your data may be transferred to and processed in those locations as described in the Privacy Policy.
The Service depends on third-party providers, including Google (Firebase Authentication, Firestore, Google Drive, Cloud Run, Crashlytics, Cloud Logging), Resend (transactional email), and the Google Play store. We do not control these providers. Their availability, security, terms, and data handling are outside our control, and your use of them is subject to their own terms. We are not responsible or liable for any act, omission, outage, change, or discontinuation of a third-party service. Where the App is obtained from Google Play, the Google Play terms also apply to your download.
Semper produces measurements, fields, statistics, and reports that are inputs to engineering and research workflows. Results depend on your imaging setup, calibration, speckle quality, lighting, parameters, and specimen. You are solely responsible for validating results, calibrating your setup, applying appropriate engineering judgement, and for every design, safety, commercial, regulatory, or other decision made in reliance on outputs. The App and the Service are not certified measuring instruments and are not a substitute for qualified professional review.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, THE ENGINE, AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE APP OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA WILL NOT BE LOST OR CORRUPTED; OR THAT ANY MEASUREMENT, FIELD, STATISTIC, IMAGE, OR REPORT PRODUCED BY THE APP IS CORRECT, COMPLETE, OR SUITABLE FOR ANY PURPOSE. YOU ARE RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF YOUR CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US CREATES A WARRANTY.
12.1 Exclusion of certain damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE OPERATOR OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, OR FOR BUSINESS INTERRUPTION OR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THE APP, THE ENGINE, THE SERVICE, OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION APPLIES WITHOUT LIMITATION TO DOWNTIME OR UNAVAILABILITY, SOFTWARE DEFECTS OR ERRORS, INACCURATE RESULTS, LOSS OR CORRUPTION OF SESSIONS OR FILES, UNAUTHORISED ACCESS OR DATA BREACH, AND THE ACTS OR OMISSIONS OF THIRD-PARTY PROVIDERS.
12.2 Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP, THE ENGINE, THE SERVICE, OR THESE TERMS, WHETHER FOR ON-DEVICE OR CLOUD FEATURES, WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO US FOR THE APP OR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) INR 5,000 (FIVE THOUSAND INDIAN RUPEES).
12.3 Basis of the bargain. The disclaimers and limitations in sections 11 and 12 are fundamental elements of the agreement between you and us; we would not provide the App or the Service on these terms without them.
12.4 Non-excludable liability. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including under the Consumer Protection Act, 2019 (India) where, notwithstanding section 1.2, you are found to be a consumer. In that case the exclusions and limits apply to the maximum extent permitted.
You will defend, indemnify, and hold harmless the Operator and its affiliates, directors, officers, employees, contractors, agents, and licensors from and against any and all claims, demands, suits, proceedings, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable legal fees and costs) arising out of or relating to: (a) your access to or use of the App or the Service; (b) Your Content or any data you process, including any claim that it infringes, misappropriates, or violates the rights of any person or any law; (c) your breach of these Terms or of any representation in them; (d) your violation of any applicable law or regulation; or (e) any dispute between you and a third party (including your employer, institution, or client). We may assume the exclusive defence and control of any matter subject to indemnification, at your expense, and you will cooperate with us and will not settle any such matter without our prior written consent.
14.1 By us. We may suspend, restrict, or terminate your account, licence, seat, or access to any part of the App or the Service at any time, with or without cause, with or without notice, and without liability to you, including where we believe you have breached these Terms, pose a security, legal, or reputational risk, have not paid fees when due, or where required by law or by a third-party provider.
14.2 Effects. On termination your licence ends immediately, you must stop using the App and the Service and delete all copies of the App, and we may delete or purge Your Content and account data after any retention period described in the Privacy Policy. Any fees paid are non-refundable except where required by law. Suspension does not extend any licence term.
14.3 By you. You may stop using the App at any time and may request deletion of your account and cloud data in Settings → Your data.
14.4 Survival. Sections 4, 5, 7.2 (for residual backups), 10, 11, 12, 13, 14.2, 14.4, 15, 16, 17, and any other provision that by its nature should survive, survive termination.
You represent that you are not located in, organised under the laws of, or ordinarily resident in a country or territory subject to comprehensive sanctions, and are not a person on any government restricted-party list. You must comply with all applicable export-control and sanctions laws, including those of India and of any country from which you access the Service, and must not export, re-export, or use the App or any output in violation of them.
16.1 Governing law. These Terms, and any dispute or claim arising out of or relating to them, the App, or the Service (including non-contractual disputes), are governed by the laws of India, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
16.2 Notice and good-faith resolution. Before starting any formal proceeding, you agree to send a written notice of dispute to the contact in section 18 describing the dispute and the relief sought, and both parties will attempt in good faith to resolve it within thirty (30) days of that notice.
16.3 Arbitration. Any dispute not resolved under section 16.2 will be finally resolved by binding arbitration under the Arbitration and Conciliation Act, 1996 (India), as amended, by a sole arbitrator appointed by mutual agreement or, failing agreement within thirty (30) days, in accordance with that Act. The seat and venue of arbitration will be Chennai, Tamil Nadu, India, and the language will be English. The award will be final and binding and may be enforced in any court of competent jurisdiction. Each party bears its own costs unless the arbitrator decides otherwise.
16.4 Court jurisdiction and injunctive relief. Subject to section 16.3, the courts at Chennai, Tamil Nadu, India have exclusive jurisdiction. Either party may seek interim, injunctive, or equitable relief in any court of competent jurisdiction to protect intellectual property, confidential information, or the security of the Service, without first following sections 16.2 or 16.3.
16.5 Individual claims; no class or representative actions. To the fullest extent permitted by law, all claims must be brought in a party's individual capacity and not as a plaintiff or member of any purported class, collective, consolidated, or representative proceeding, and the arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding. If this section 16.5 is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and decided by the courts named in section 16.4.
16.6 Time limit for claims. To the fullest extent permitted by law, any claim arising out of or relating to these Terms, the App, or the Service must be filed within one (1) year after the cause of action accrues; otherwise it is permanently barred.
16.7 Mandatory local law. If the law of the place where you live gives you non-waivable rights to bring claims in local courts or under local procedures, this section 16 applies to the maximum extent permitted and is severed only to the extent, and only for you, that it is required to be.
17.1 Changes to these Terms. We may update these Terms. Each version is identified by the Version date above. For material changes we will ask you to accept the new version in the App before continuing to use the Service, and may also notify you in release notes, by email, or in the web console. Non-material changes take effect when posted. If you do not accept a new version, you must stop using the App and the Service.
17.2 Changes to the Service. We may modify, add, limit, or discontinue any feature, plan, quota, or the Service as a whole at any time without liability.
17.3 Entire agreement. These Terms, the Privacy Policy, and any order or licence document referenced by us are the entire agreement between you and us about the App and the Service and supersede all prior agreements and understandings. In case of conflict, a signed order or licence document prevails over these Terms for its subject matter.
17.4 Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions remain in full force.
17.5 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
17.6 Assignment. You may not assign or transfer these Terms or any account, licence, or seat without our prior written consent; any attempt is void. We may assign these Terms without restriction, including to an affiliate or a successor in a merger, acquisition, or sale of assets.
17.7 Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, labour disputes, governmental action, utility or network failures, or the failure of third-party providers.
17.8 Notices. We may give notice in the App, in the web console, by email to the address on your account, or by posting to our website. Notices to us must be sent to the contact in section 18.
17.9 Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. There are no third-party beneficiaries except the indemnified persons in section 13.
17.10 Language. These Terms are drafted in English. Any translation is for convenience only; the English version prevails.
[OPERATOR LEGAL NAME] [REGISTERED ADDRESS], Chennai, Tamil Nadu, India Support and legal notices: the support email configured for your deployment (also available from Settings → Help & support in the App).