Dataset License Agreement

1. Introduction

This Dataset License Agreement (“Agreement”) governs the use of the Rupam.ai Bharatiya Skin Dataset (“Dataset”), a proprietary collection of expert-labeled skin images representing Fitzpatrick skin types 3–6, maintained by Xillentech Private Limited (“Licensor,” “we,” “us”).

By accessing, downloading, or using the Dataset in any form, you (“Licensee”) agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of an organisation, you represent that you have the authority to bind that organisation.

2. Dataset Description

The Rupam.ai Bharatiya Skin Dataset consists of:

• 50,000+ skin images sourced from consenting Bharatiya individuals across Fitzpatrick skin types 3, 4, 5, and 6.
• 12-parameter clinical annotations per image, including acne severity, pigmentation type and grade, texture score, hydration level, pore visibility, oiliness, UV damage markers, dark circles, fine lines, skin age estimation, Fitzpatrick classification, and overall skin health score.
• Expert validation by a panel of board-certified Bharatiya dermatologists with inter-annotator agreement metrics provided.
• Demographic metadata (anonymised): age range, gender, geographic region within Bharat, and Fitzpatrick sub-type.

3. License Grant

Subject to the terms of this Agreement and payment of applicable licence fees, the Licensor grants the Licensee a non-exclusive, non-transferable, revocable licence to use the Dataset for the following purposes:

• Research licence: Use the Dataset for internal research and development of AI/ML models for skin analysis, dermatological research, or cosmetic product development. Not for commercial deployment without a commercial licence.
• Commercial licence: Use the Dataset to train, fine-tune, or validate AI/ML models that are deployed in commercial products and services. Requires a separate commercial licence agreement.
• Academic licence: Use the Dataset for peer-reviewed research and academic publications. Available at reduced or no cost for qualifying academic institutions.

4. Permitted Uses

Under a valid licence, the Licensee may:

• Use the Dataset to train, fine-tune, validate, and benchmark AI/ML models for skin analysis.
• Publish aggregate statistics, accuracy benchmarks, and research findings derived from the Dataset, with proper attribution.
• Create derivative works (trained models) using the Dataset, subject to the restrictions in Section 5.
• Use the Dataset in combination with other datasets for multi-dataset training, provided the terms of this Agreement are not violated.

5. Restrictions

The Licensee shall not:

• Redistribute: Share, sublicense, sell, lease, or otherwise distribute the raw Dataset or any substantial portion thereof to any third party.
• Re-identify: Attempt to re-identify, contact, or trace the individuals depicted in the Dataset images.
• Facial recognition: Use the Dataset for facial recognition, identity verification, surveillance, or any purpose other than skin analysis and dermatological research.
• Discriminatory use: Use the Dataset or derivative models for discriminatory purposes, including decisions related to employment, housing, insurance, or lending based on skin characteristics.
• Misrepresent origin: Claim ownership of the Dataset or misrepresent the source of training data in publications or commercial materials.
• Circumvent protections: Remove, alter, or circumvent any watermarks, metadata, or access controls applied to the Dataset.
• Harmful applications: Use the Dataset to develop systems that could cause physical, psychological, or reputational harm to individuals.

6. Attribution Requirements

All publications, products, and services that use the Dataset or models trained on it must include the following attribution:

For academic publications, the Licensee must cite the Dataset using the citation format provided at the time of licence activation.

7. Data Protection and Compliance

The Licensee agrees to:

• Comply with Bharat’s Digital Personal Data Protection Act, 2023 (DPDPA) and all applicable data protection laws in the jurisdictions where the Dataset is used.
• Maintain appropriate technical and organisational security measures to protect the Dataset from unauthorised access, disclosure, or misuse.
• Not transfer the Dataset to jurisdictions that are restricted under the DPDPA without the Licensor’s prior written consent.
• Notify the Licensor immediately of any data breach or security incident involving the Dataset.
• Cooperate with the Licensor in responding to data subject requests from individuals depicted in the Dataset.

8. Intellectual Property

All intellectual property rights in the Dataset, including the images, annotations, metadata, and curation methodology, are and shall remain the exclusive property of Xillentech Private Limited.

• The Licensee owns the intellectual property in models they train using the Dataset, subject to the attribution and use restrictions in this Agreement.
• The licence granted herein does not transfer any ownership rights in the Dataset.
• The Licensee may not patent or claim exclusive rights over methods, models, or discoveries that rely primarily on the Dataset.

9. Fees and Payment

Licence fees are determined based on the licence type (research, commercial, academic), the scope of use, and the volume of data accessed. Specific pricing is provided upon request. Contact data@rupam.ai or visit our Dataset Licensing page for details.

• All fees are payable in INR. International licensees may pay in USD at the prevailing exchange rate.
• Fees are non-refundable once the Dataset has been accessed or downloaded.
• All prices are exclusive of applicable GST and taxes.

10. Term and Termination

This Agreement is effective from the date of licence activation and continues for the duration specified in the licence order.

• Termination for breach: The Licensor may terminate this Agreement immediately if the Licensee breaches any term, with written notice.
• Termination for convenience:Either party may terminate with 90 days’ written notice.
• Effect of termination: Upon termination, the Licensee must delete all copies of the raw Dataset within 30 days and certify deletion in writing. Models already trained on the Dataset may continue to be used subject to the attribution and restriction requirements of this Agreement.

11. Warranty and Disclaimer

THE DATASET IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. THE LICENSOR DOES NOT WARRANT THAT THE DATASET IS ERROR-FREE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

The Licensor makes reasonable efforts to ensure annotation quality through expert dermatologist review but does not guarantee 100% accuracy of annotations. Inter-annotator agreement metrics are provided for reference.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY BHARATIYA LAW, THE LICENSOR’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE LICENCE FEES PAID BY THE LICENSEE IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

13. Governing Law

This Agreement is governed by the laws of Bharat. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of Ahmedabad, Gujarat. Disputes shall first be attempted to be resolved through good-faith negotiation, followed by arbitration under the Arbitration and Conciliation Act, 1996, if necessary.

14. Contact

For licensing enquiries, custom dataset requests, or questions about this Agreement: