Terms & Conditions
Introduction
These user terms of service (“terms”) are between you (“you”) and DeepLobe (“DeepLobe” or “we”) and govern your use of all versions of the DeepLobe platform, including the DeepLobe API and the DeepLobe website.Binding Agreement
By installing or using DeepLobe on any computer system, or by accepting these terms (either by clicking a box indicating that you accept these terms, or by executing an ordering document (“order”) referencing these terms), you acknowledge and agree that you have read, understand, and agree to be bound by these terms and our Privacy Policy. DeepLobe reserves the right to modify these terms at its discretion. If DeepLobe makes any material changes to these terms, we may notify you by email or posting a notice on www.deeplobe.ai. If you do not agree to, or cannot comply with, the modified terms, you must stop using the platform and website. The updated terms will take effect upon their posting and will apply on a going-forward basis unless otherwise provided in a notice to you. Your continued use of the platform and website after any such update constitutes your acceptance of such changes. If you are agreeing to these terms not as an individual but on behalf of your company, government, or other entity for which you are acting (for example, as an employee or government official) then “you” means your entity and you are binding your entity to these terms. If you do not have such authority or if you do not agree with these terms, do not accept these terms and do not use the platform. The platform is not intended for and should not be used by anyone under the age of 13, and we do not permit any users under 13 on our platform. The term “user” means any individual that uses the platform(as defined in Section 3 below). Further, you must ensure that all of your users are at least the age of majority where you reside to use the platform and/or participate in any research study.Use of the Platform
Right to Use
Subject to your compliance with these terms and paying the applicable fees, DeepLobe grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to Use* the platform on a subscription basis in accordance with these terms. Except for the limited rights expressly set out in these terms, DeepLobe grants you no other license or right in the platform. Your rights will end when these terms are terminated even if there are terms to the contrary set out elsewhere in these terms or in other documentation entered into between DeepLobe and you. *Use, using or used means to directly or indirectly activate the processing capabilities of the platform, load, execute, access, utilize, store, employ the platform, or display information resulting from such capabilities, including uploading any content** or creating or generating any content by utilizing the capabilities of the platform. **Content refers to content featured or displayed through the platform (including through the website), including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the website or otherwise available through the platform. “User-Generated Content” is content, written or otherwise, that users upload into or create by using the platform. “Your Content” is user-generated content that you or your users submit to the platform.DeepLobe Account
The platform allows a user to create an individual account (“account”). The information you provide to us when you create an account must be accurate, complete, and current. You also have the obligation to keep your account information accurate, complete, and current at all times. If any of the information you submit to us changes, you must promptly update the same. You must keep your account access credentials safe and secure. You are responsible for all actions taken through your accounts. You are required to promptly inform DeepLobe and modify your account login credentials or those of a permitted user if such login credentials are compromised and/or misused/likely to be misused by a third party to improperly access the platform through your account.DeepLobe API
Your account may be accessible via the DeepLobe application programming interface (“DeepLobe API”). Any use of the DeepLobe API, including use of the DeepLobe API through a third-party product that accesses an account, the platform or the website is subject to these terms, including the following:- Excessively frequent requests via the DeepLobe API may result in the temporary or permanent suspension of your access to the DeepLobe API. DeepLobe, in its sole discretion, will determine abuse or excessive usage of the DeepLobe API. DeepLobe will make a reasonable attempt via email to communicate with the user prior to suspension.
- DeepLobe reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the DeepLobe API (or any part thereof) with or without notice.
- You expressly understand and agree that DeepLobe shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DeepLobe has been advised of the possibility of such damages), resulting from your use of the DeepLobe API, including any access to your content via the DeepLobe API.
DeepLobe’s Proprietary Rights and Non-exclusivity
DeepLobe has only licensed the platform to you and DeepLobe does not sell the platform. You acknowledge and agree that DeepLobe and its licensors have and retain all legal right, title and interest in the platform including but not limited to any ideas, concepts, inventions, systems, platforms, interfaces, tools, utilities, user interface, algorithms, logic, formula, scripts, work flows, processes, software, methodologies, databases, know-how, trade secrets and other technology and information including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. As between you and DeepLobe, DeepLobe shall retain all legal right, title and interest in the content, excluding your content. DeepLobe reserves all rights in and to the platform and content that it does not expressly grant you in these terms. Your rights under these terms are non-exclusive. There is no prohibition or restriction on DeepLobe to provide the same or similar rights as set out in these terms to any other person.Use of Content
You may create or upload user-generated content while using the platform. You are solely responsible for the contents of, and for any consequences resulting from, any user-generated content that you post, upload, link to or otherwise make available via the platform, regardless of the form of that content. By uploading user-generated content while using the platform, you represent and warrant that you have all necessary rights to submit the user-generated content and that the user-generated content is, to your knowledge, accurate, not confidential, and not in violation of any applicable laws, contractual restrictions or other third party rights, including intellectual property rights or privacy-related rights of any person or entity. You also agree that your profile information will be accurate. We are not responsible for any public display or misuse of your user-generated content. We have the right to refuse or remove any content that, in our sole discretion, violates any laws or DeepLobe terms or policies. You retain ownership of and responsibility for your content. You agree that you are solely responsible for any content you post; that you will only submit content that you have the right to post; and that you will fully comply with any third party licenses relating to content you post. Because you retain ownership of and responsibility for your content, we need you to grant us —and other users— certain legal permissions listed in sections a, b, and c below. These license grants apply to your content. You understand that you will not receive any payment for any of the rights granted in these said sections. The licenses you grant to us and our users will end when you remove your content from our servers, unless other users have forked it, in which case the licenses will continue until all such users have removed the content from our servers.- We need the legal right to do things like host your content, publish it, and share it. You grant us and our legal successors the nonexclusive, worldwide, royalty-free right to store, archive, parse, display, and perform your content, and make incidental copies, as necessary to provide the platform, including improving the platform over time, and to detect, prevent, and respond to security issues and violations of platform policies. This license does not grant DeepLobe the right to sell your content. DeepLobe does not otherwise distribute or use your content outside of our provision of the platform, but we may release your content when we believe release is appropriate to comply with the law, enforce our policies, or protect ours or others’ rights, property, or safety.
- Any user-generated content you post publicly, including issues, comments, and contributions to other users’ workspaces, may be viewed by others. By making your workspace, collections, or documentation public, you agree to allow others to view and “fork” your APIs, collections, environments, mocks, monitors, and other linked entities because they become publicly accessible through your workspace, collections, or documentation. This means that others may make their own copies of content from your workspaces, collections, or documentation in workspaces they control. If you set any of your workspaces, collections, documentation and/or entities to be viewed publicly, you grant each user of DeepLobe a nonexclusive, worldwide, royalty-free license to use, display, and perform your content through the platform and to reproduce such content solely on the platform as permitted through the platform’s functionality (for example, through forking). You are responsible for ensuring that you do not accidentally make any private user-generated content, workspaces, collections, or documentation publicly available. Any user-generated content made public will be publicly accessible through the internet and may be crawled and indexed by search engines.
- You retain all moral rights to your vontent that you upload, publish, or submit to any part of the platform, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in sections a, b, and c, but not otherwise. To the extent the foregoing is not enforceable under applicable law, you grant DeepLobe the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the DeepLobe Websites and provide the platform.
Personal Information
Your use of the platform does not require any personally identifiable information to be uploaded into or included in the platform except to the extent set forth in this paragraph. You hereby permit DeepLobe to collect, use, store and process email address(es), IP addresses from which you access the platform and other login or authentication credentials from both your users and you in order to ensure that your users and you have proper access to the platform and to resolve any issues you may encounter while using the platform. This information may be considered personal data or personal information under the laws of the jurisdiction from which you access and use the platform. DeepLobe shall collect, use, store and/or process this information only for the purposes listed herein and in our Privacy Policy, which you acknowledge. Unless otherwise required by applicable law, upon termination of these terms, any information provided by you for creation of your account will be deleted by us from our records within a reasonable period of time following such termination, normally within six months after such termination. DeepLobe may collect certain data and information from you in connection with your use of the platform and otherwise in connection with these terms. All such data and information will be collected and used by DeepLobe in accordance with our Privacy Policy.Fees and Payment
Fees
Your use of the platform is subject to you paying DeepLobe the fees applicable to the platform plan selected and/or used by you (“subscription fee”). The subscription fees, permitted usage, and available features for each platform plan are listed at deeplobe.ai/pricing (the “pricing”). You will pay all fees in United States Dollars per the payment terms on an order or otherwise agreed at the time of purchase. The amount of fees payable by you shall vary depending upon the number of users and the period for which you are authorized to use the platform (“subscription term”). Payment obligations are non-cancelable and, except as expressly stated in these terms, fees paid are non-refundable. In making payment, you acknowledge and agree that you are not relying on being able to use the platform beyond the subscription term or on the availability of any future enhancements or upgrades. If you fail to pay any fees on time, DeepLobe reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) suspend or terminate the applicable platform. If you add users during a subscription term, such subscriptions will be billed at the then-current rate listed in the pricing for your platform plan, and shall be co-termed through the end of the applicable subscription term. Except as otherwise specified in an order, all subscriptions will automatically renew for periods equal to your initial subscription term (and you will be charged at the then-current rates set forth in the pricing) unless you cancel auto-renewal of your subscription through your account at least thirty (30) days prior to the end of the then-current subscription term. If you cancel auto-renewal, your subscription will terminate at the end of then-current billing cycle, or immediately if you so choose, however you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.Taxes
Our fees are exclusive of all taxes that are payable in respect of the platform or its use in the jurisdiction in which the payment is either made or received (“taxes”). To the extent that any taxes may be payable, you must pay DeepLobe the amount of such taxes in addition to any subscription fees owed by you hereunder. Any applicable tax-exempt certificates must be provided to DeepLobe, who will make reasonable efforts to provide you with such invoicing documents as may enable you to seek an applicable refund or credit for the amount of taxes so paid from any relevant revenue authority.Payment by Credit Card
When you purchase a subscription (“purchase”), you expressly authorize DeepLobe (or our third party payment processor) to charge you the subscription fee (at the then-current Pricing) and taxes, as follows: (i) monthly in advance for monthly plans, (ii) annually in advance for annual plans, and (iii) for additional users you add during an existing subscription term. Subscription fees are subject to change, although DeepLobe will notify you in advance of any such change. DeepLobe may ask you to supply additional information relevant to your purchase, including your credit card number and expiration date, and your billing address (such information, “payment information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such payment information. When you initiate a purchase, you authorize DeepLobe to provide your payment information to our third party service providers so DeepLobe can complete your purchase and to charge your payment method for the type of purchase you have selected (plus any taxes and other applicable charges).Authorization for Recurring Payments
By agreeing to these terms and purchasing a subscription, you acknowledge that your subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation or termination of your subscription by you or DeepLobe. DeepLobe (or our third party payment processor) will automatically charge you in accordance with your subscription term (e.g., each month or year), on the calendar day corresponding to the commencement of your subscription term, using the payment information you have provided. In the event your subscription term begins on a day not contained in a given month, your payment method will be charged on such other day as we deem appropriate. For example, if you started a monthly subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date. Your subscription continues until cancelled by you or DeepLobe terminates your access to or use of the platform or the subscription in accordance with these terms. You will pay all fees in United States Dollars as per the payment terms on an order or as otherwise agreed at the time of purchase.Restrictions
You and your users shall not:- Use the platform for any illegal purpose or in a manner that violates any law or rights of any other person;
- Permit use of the platform in a manner not authorized by these terms;
- Disassemble, decompile, unlock, reverse engineer, or decode the platform in any manner or modify or create any derivative works based on the platform;
- Re-sell, grant any rights under these terms to any third party or lease, time-share, lend or rent platform;
- Copy any features, functions or user interfaces of the platform;
- Introduce any malicious code, virus, malware, or any other material that disrupts, slows down or causes the platform to malfunction;
- Upload or generate any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, infringing of another’s rights or invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable; or
- Use the platform in connection with spam;