Effective: June 25, 2026 · Cápsula Laboratorio Creativo S.A.S. (“Cápsula LC”)
These Terms and Conditions (“Terms”) govern your access to and use of Mercurious, provided by Cápsula Laboratorio Creativo S.A.S. (“Cápsula LC”). By creating an account, checking the acceptance box, or using Mercurious, you confirm that you have read, understood, and agree to be bound by these Terms and by the Privacy & Data Treatment Policy. If you do not agree, do not use Mercurious.
Mercurious is a measurement tool that runs on your device. Using the camera, it estimates anonymous movement and audience metrics —such as people and vehicle counts, direction, dwell time, and attention— and, when you enable it, a statistical, aggregate estimate of gender and age. All detection runs locally on the device. Mercurious does not identify people and is not a facial-recognition, security, or surveillance system.
You must be at least 18 years old and able to enter into a binding contract. You are responsible for the accuracy of the information you provide, for safeguarding your credentials, and for all activity that occurs under your account. Authentication is performed through a cloud identity provider (Firebase Authentication, by Google).
You are solely and exclusively responsible for how, where, and why you deploy and use Mercurious. Without limitation, you represent and warrant that, at your own cost and risk: • You have the legal right to install and operate a camera and to measure at every location where you use Mercurious; • You comply with all applicable laws, including those on privacy, data protection, biometric data, video surveillance, employment, consumer protection, and advertising; • You post all notices/signage required by law and obtain any authorization, consent, or legal basis that your measurement requires; • You act as the Data Controller for the data arising from your use of Mercurious; Cápsula Laboratorio Creativo S.A.S. (“Cápsula LC”) only provides the tool; • You do not use Mercurious to identify, re-identify, track, profile, or make decisions about specific individuals, nor for security, surveillance, employment, credit, insurance, or any discriminatory, unlawful, or harmful purpose; • You do not use Mercurious as the basis for critical safety, legal, financial, medical, regulatory, or compliance decisions. You assume all risk arising from your deployment and use of Mercurious.
You must not: (a) attempt to identify any individual from Mercurious's results; (b) combine Mercurious data with other data to single out a person; (c) use Mercurious where prohibited by law or by the venue; (d) reverse-engineer, decompile, or tamper with the app or its models; (e) resell or sublicense Mercurious without authorization; or (f) use Mercurious in a way that infringes the rights of third parties.
Mercurious delivers estimated measurements, not exact counts. Results may vary with camera position, distance, lighting, connectivity, hardware, weather, movement speed, object type, occlusions, reflections, lenses, caps, distractions, and other environmental conditions. Mercurious is designed to help you identify movement patterns and trends — it should not be treated as a 100% exact measurement system. Mercurious's results are statistical ESTIMATES provided “as is,” without any warranty of accuracy, completeness, or fitness for any purpose. You are solely responsible for how you interpret them and for the decisions you make based on them.
If you enable gender and age estimation, the results are an aggregate STATISTICAL ESTIMATE, on the device —never an identification— and are often uncertain (people who cannot be classified are counted as “Generic”). No faces or images are stored, and no biometric templates are generated. Estimating or inferring demographic attributes may be restricted, regulated, or prohibited in some jurisdictions (for example, the EU/UK GDPR, U.S. state biometric laws such as BIPA, Mexico's LFPDPPP, or Colombia's Law 1581 of 2012). You are solely responsible for determining the legality of enabling this feature in your jurisdiction and use case, and for obtaining the corresponding legal basis.
Mercurious offers cloud accounts. Your project configuration and your anonymous measurement metrics sync with your account so they are available on the devices where you sign in. Cloud infrastructure is provided by Google (Firebase); see the Privacy Policy for details on what is synced, where it is hosted, and the international transfer of data. Measurement still runs on the device; only data —not images or video— travels to the cloud.
Mercurious may offer free and paid plans. Plans, features, limits, and prices are in preview, may change, and no charge is made until paid billing is formally launched and separately agreed. Benefits may be modified or discontinued.
Mercurious —including its software, models, design, and trademarks— is owned by Cápsula Laboratorio Creativo S.A.S. (“Cápsula LC”) and its licensors and is protected by law. You receive a limited, revocable, non-exclusive, non-transferable license to use Mercurious in accordance with these Terms. All rights not expressly granted are reserved.
Your use of Mercurious is also governed by the Privacy & Data Treatment Policy, which explains what is and is not processed. For your ACCOUNT data (email, name), Cápsula Laboratorio Creativo S.A.S. (“Cápsula LC”) acts as the Data Controller. For the MEASUREMENT you perform with the camera, you decide the purposes and means and act as the Data Controller.
To the maximum extent permitted by law, Mercurious is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, whether express, implied, or statutory, including those of merchantability, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted or error-free operation. Cápsula Laboratorio Creativo S.A.S. (“Cápsula LC”) does not warrant that measurements are accurate or suitable for any decision.
To the maximum extent permitted by law, Cápsula Laboratorio Creativo S.A.S. (“Cápsula LC”) and its affiliates, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, nor for lost profits or loss of revenue, data, reputation, or business, arising out of or related to your use of (or inability to use) Mercurious, even if advised of the possibility. To the extent liability cannot be excluded, Cápsula Laboratorio Creativo S.A.S. (“Cápsula LC”)'s total aggregate liability is limited to the amount you actually paid for Mercurious in the three (3) months preceding the event giving rise to the claim, or USD 50, whichever is greater.
You agree to defend, indemnify, and hold harmless Cápsula Laboratorio Creativo S.A.S. (“Cápsula LC”) and its affiliates from any claim, demand, liability, damage, loss, or expense (including reasonable legal fees) arising out of or related to: (a) your use or deployment of Mercurious; (b) your breach of these Terms or of any law; (c) your failure to post notices or obtain required authorizations; or (d) any third-party claim (including by any measured individual) relating to your use of Mercurious.
You may stop using Mercurious at any time. Cápsula Laboratorio Creativo S.A.S. (“Cápsula LC”) may suspend or terminate access if you breach these Terms or use Mercurious unlawfully. Sections that by their nature must survive termination (including the accuracy disclaimers, the limitations of liability, and the indemnity) will remain in effect.
Cápsula Laboratorio Creativo S.A.S. (“Cápsula LC”) may update Mercurious and these Terms. Material changes will be reflected with an updated effective date and, where appropriate, with notice within the app. Continued use after the effective date constitutes acceptance.
These Terms are governed by the laws of the Republic of Colombia, without regard to its conflict-of-laws rules. The courts and tribunals of the Republic of Colombia will have exclusive jurisdiction, unless a mandatory local rule provides otherwise.
Questions about these Terms: privacidad@capsulalc.com — Cápsula Laboratorio Creativo S.A.S. (“Cápsula LC”), [Controller address, Colombia].