Terms of Service
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Plain English summary: Tabor8 uses facial recognition to sort your footage by person. Facial templates are deleted the moment processing is done. You are responsible for having the right to submit footage and for notifying the people who appear in it. Tabor8 cannot be used for surveillance. These terms are governed by New Zealand law.
1. About Tabor8
Tabor8 ("Tabor8", "we", "us") is an AI-powered footage organisation service operated by Tabor8 (Tony Xia, Hamilton, New Zealand). By creating an account or uploading footage you agree to these terms.
Tabor8 processes uploaded video files using facial recognition to detect and cluster individuals, producing per-person clip folders for download by the account holder.
2. Biometric Processing
Tabor8's core function involves biometric processing as defined by the New Zealand Biometric Processing Privacy Code 2025 and equivalent frameworks in other jurisdictions. By using the service you acknowledge and agree to the following:
- Tabor8 extracts facial recognition templates (numeric vectors derived from facial features) from every face detected in uploaded footage.
- These templates are used solely to cluster individuals into per-person clip folders.
- Facial recognition templates are deleted immediately and automatically upon completion of the clip-cutting job - and in all cases within 24 hours. Tabor8 does not retain a standing biometric database.
- Tabor8 provides a standing biometric processing notice at tabor8.com/legal/privacy. Where footage is accessed via Tabor8's API, each clip response includes a
notice_urlfield linking to this notice for the benefit of individuals appearing in the footage.
3. Your Responsibilities
3.1 Right to submit footage
You must have the legal right to upload footage for processing. This means either you own the footage or have been authorised by the owner to process it using a biometric service.
3.2 Notice to individuals appearing in footage
You are the data controller for footage you upload. Tabor8 is the data processor acting on your instructions. As data controller, you are responsible for ensuring appropriate notice is given to individuals who appear in footage you submit. Tabor8 assists with this obligation by:
- Providing a standing public Privacy & Biometrics Notice at tabor8.com/legal/privacy that you may direct individuals to, covering delivery-time notification under Rule 3 of the NZ Code.
- Including a
notice_urlfield in API clip responses that links to this notice.
For pre-event or at-event notice (beyond delivery-time notice), you may use printed or digital signage displayed at the venue informing attendees that AI facial recognition is in use. This is a convenience measure and is not a condition of use.
3.3 Footage involving minors
You must not upload footage that focuses on or is primarily comprised of individuals under 16 years of age without appropriate parental or guardian consent for biometric processing.
3.4 Compliance warranty
By uploading footage for processing, you represent and warrant that you have obtained all consents, notifications, and permissions required by applicable biometric privacy laws in your jurisdiction from individuals appearing in that footage, and that your use of Tabor8 to process such footage is lawful.
3.5 Account security
You are responsible for all activity under your account. Notify us immediately at team.clipmine@gmail.com if you believe your account has been compromised.
4. Prohibited Uses
You must not use Tabor8 for any of the following:
- Real-time facial surveillance of any kind
- Law enforcement, watchlist, or access-control applications
- Building commercial identity databases from processed footage
- Targeting, tracking, or profiling individuals based on their appearance or identity
- Processing footage where subjects are primarily located in Illinois (US), Texas (US), or Washington (US) without implementing the explicit prior-consent flow required by applicable biometric statutes in those states
- Processing footage of individuals located in the European Union or United Kingdom without a compliant GDPR Article 9 consent mechanism in place
- Using Tabor8 outputs to infer or assess the emotional state, intent, mental health, or psychological characteristics of any individual
- Categorising or profiling individuals based on protected characteristics including race, ethnicity, religion, or political affiliation, whether from Tabor8 outputs or from data derived from processed footage
- Any use that violates applicable law in your jurisdiction
5. Data Handling
The following summarises how Tabor8 handles data associated with your account:
- Uploaded video files - stored in your account until you delete the project.
- Facial recognition templates - deleted immediately and automatically after clip processing is complete.
- Clip files - stored in your account until you delete the project.
- Processing logs - retained for 12 months on a rolling basis for security, billing, and audit purposes.
- Account data - retained until account deletion. Contact us to delete your account.
When you delete a project, associated video files and clip outputs are permanently removed from storage. Account deletion removes your account data within 30 days. Backup copies of deleted data may be retained for up to 30 days for disaster recovery purposes.
Full details on biometric data handling, individual rights, and complaint processes are in our Privacy & Biometrics Notice.
6. Regional Restrictions
Tabor8 is currently available in New Zealand only, for the duration of the beta. Every other country is redirected to a region restriction page and cannot create an account or upload footage, regardless of whether that jurisdiction has biometric-specific law. Tabor8 operates on a notice-based compliance model under the NZ Biometric Processing Privacy Code 2025 - a model we have not yet extended to other jurisdictions, which is why the beta is scoped to New Zealand.
The jurisdictions below are kept here as the research record for future expansion, not as a description of where Tabor8 currently operates:
European Union / UK (not currently served): GDPR Article 9 requires explicit consent from biometric data subjects before processing, and our current service does not meet that requirement.
Illinois, Texas, Washington (US) (not currently served): These states have biometric-specific statutes (Illinois BIPA, Texas CUBI, Washington My Health My Data Act) requiring prior written consent from biometric data subjects.
Australia (not currently served): Australia's Privacy Act classifies biometric data as sensitive information. If and when Tabor8 expands to Australia, additional obligations may apply to you as data controller for footage subjects.
7. Intellectual Property
You retain ownership of footage you upload. Tabor8 does not claim any rights over your uploaded video content or clip outputs. You grant Tabor8 a limited licence to process your footage solely for the purpose of providing the service.
Tabor8's software, brand, and documentation are owned by Tabor8 and may not be copied or reproduced without permission.
To submit a copyright takedown notice under the Digital Millennium Copyright Act (DMCA), email team.clipmine@gmail.com with "DMCA" in the subject line. A valid notice must include: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the material to be removed and information sufficient to locate it on the service; (c) your contact information; (d) a statement that you have a good faith belief the use is not authorised by the rights holder; (e) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorised to act on behalf of the rights holder; and (f) your physical or electronic signature.
If you believe material was removed in error, you may submit a counter-notice to team.clipmine@gmail.com including: (a) identification of the removed material and its prior location on the service; (b) a statement under penalty of perjury that the removal was a mistake or misidentification; (c) your contact information and consent to the jurisdiction of your federal district court; and (d) your signature. We will forward valid counter-notices to the original complainant and may restore the material after 10–14 business days unless we receive notice of a court action.
Tabor8 will terminate the accounts of users found to repeatedly infringe copyright.
8. Fees and Billing
Paid plans are billed monthly in advance. All prices are in USD and are shown on our billing page.
- Payment: By subscribing you authorise Tabor8 to charge your payment method on a recurring monthly basis. You must keep your billing information current.
- Failed payment: If a payment fails, Stripe will retry over 7 days. If payment is not recovered within that period, your account is downgraded to the free tier. Your projects and footage are retained. You may re-subscribe at any time.
- Cancellation: You may cancel at any time from your billing page. Cancellation stops future billing; your plan remains active until the end of the current paid period. We do not provide refunds for unused time in a billing period.
- Upgrades and downgrades: Upgrading your plan takes effect immediately; the difference is charged on a pro-rata basis. Downgrading takes effect at the start of your next billing cycle.
- Price changes: We will give at least 14 days' notice of price changes by email. Changes apply from your next billing cycle.
- Scan credits: If a scan fails due to a fault on our part, the footage minutes consumed are returned to your monthly allowance.
- Non-refundable: Except as stated above and where required by applicable law, all payments are non-refundable.
- Business purchases: If you are acquiring Tabor8 in trade, you agree that the Consumer Guarantees Act 1993 does not apply to your purchase.
- GST: Prices shown are exclusive of GST. Where GST applies to your purchase, it will be added at checkout and shown on your invoice.
9. Limitation of Liability
Tabor8 provides the service on an "as is and as available" basis. Tabor8 makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. To the maximum extent permitted by law:
- Tabor8 is not liable for your failure to obtain appropriate consent or notice for footage you upload.
- Tabor8 is not liable for losses arising from processing errors, incorrect clustering, or missed identifications.
- Tabor8 is not liable for any indirect, consequential, incidental, special, or punitive loss or damage, including loss of profits, revenue, data, or business opportunity.
- Tabor8's total liability to you for any claim will not exceed the greater of (a) the amount you paid for the service in the 12 months preceding the claim or (b) NZD $100.
Consumer rights (New Zealand): If you are a consumer within the meaning of the Consumer Guarantees Act 1993, nothing in these terms limits or excludes guarantees, rights, or remedies that you have under that Act or the Fair Trading Act 1986 that cannot lawfully be limited or excluded.
Your indemnity: You agree to indemnify and hold harmless Tabor8 from any claim, demand, loss, or expense (including legal fees) arising from (a) your breach of these terms, (b) your failure to obtain required consent or notice for footage you upload, or (c) any third-party claim relating to footage you submitted, including claims under biometric privacy statutes.
Nothing in these terms limits liability for fraud, gross negligence, or any liability that cannot be excluded under New Zealand law.
10. Changes to These Terms
We may update these terms from time to time. We will provide at least 14 days' notice of material changes by email or by a notice on our website. Continued use of Tabor8 after the effective date of updated terms constitutes acceptance.
11. Governing Law
These terms are governed by the laws of New Zealand. Disputes are subject to the exclusive jurisdiction of the courts of New Zealand.
12. Account Termination
By you: You may delete your account at any time from your account settings, or by contacting us. See Section 5 for what happens to your data on deletion.
By us: We may suspend or terminate your account if you breach these terms - including the Prohibited Uses in Section 4, a failure to meet your responsibilities under Section 3, or repeated copyright infringement (Section 7) - or if payment fails and is not recovered within the period described in Section 8. Where practical, we will give notice and an opportunity to resolve the issue before terminating for breach; we may terminate immediately for prohibited uses involving surveillance, law enforcement applications, or unlawful processing of biometric data.
What happens on termination, by us or by you:
- Access to your account is revoked immediately.
- Your uploaded video files and clip outputs are permanently removed from storage within 30 days, consistent with the deletion timeline in Section 5. Backup copies may be retained for up to 30 days beyond that for disaster recovery.
- Facial recognition templates are not affected, because none are retained after processing regardless of account status (Section 2).
- Processing logs already collected are retained for the remainder of the 12-month rolling window described in Section 5, for security and audit purposes, then deleted on the same schedule as any other account's logs.
- Billing records are retained for 7 years as required by NZ Inland Revenue, regardless of termination.
- Amounts already paid are non-refundable, consistent with Section 8, except where required by applicable law.
Termination does not affect the rights of individuals who appear in footage you processed - see the Privacy & Biometrics Notice for how they can make a request independent of your account status.
13. Contact
For questions about these terms or the service: team.clipmine@gmail.com