DeepSee’s Terms and Conditions

Please read all of the following terms and conditions (“Terms”) for this website (“Site”) carefully. By accessing, linking to or using this Site, you agree to be bound by the Terms below. If you do not agree to the Terms below, do not access, link to or use this Site. If your organization signed a Master Services Agreement with DeepSee.ai Inc. (“DeepSee”), that agreement may have modified these Terms in certain respects. Please contact your organization’s administrator for details.

DeepSee reserves the right to amend, remove, or add to the Terms at any time, and such modifications shall be effective immediately. Accordingly, whenever accessing, linking to or using this Site, please continue to review the Terms for any modifications. Your continued access, link to or use of this Site after any modifications have been posted to the Terms constitutes your acceptance of the modified Terms. If, at any time, you do not wish to accept the Terms, you are prohibited from accessing, linking to or using this Site. Any terms and conditions proposed by you which are additional to or which conflict with the Terms are expressly rejected by DeepSee and shall be of no force or effect.

1. User Consent to the Terms

You represent and warrant that you have read, understand and agree to be bound by the Terms, which constitute a legal agreement between you and DeepSee. You represent and warrant that you have full authority to accept the Terms. If you are accepting on behalf of someone else, you represent and warrant that you have full legal authority to bind that person or entity to these Terms. If you do not have full legal authority to bind your entity to the Terms, please ensure that an authorized person from your entity consents to and accepts the Terms, otherwise you are prohibited from accessing, linking to or using this Site.

2. Laws and Regulations

Access to, linking to and use of this Site are subject to all applicable international, federal, state and local laws and regulations. You agree not to access, link to or use this Site in any way that violates such laws or regulations. Violation of these Terms may result in civil or criminal liability. DeepSee may investigate violations of these Terms and work with law enforcement authorities to prosecute users who violate these Terms.

3. Intellectual Property

You acknowledge that this Site, including, without limitation, any and all content available on or through this Site (collectively, the “Site Content”), is the property of DeepSee, or its licensors, and is protected by copyrights, patents, trademarks, service marks, international treaties and/or other proprietary or intellectual property rights and laws of the USA and other countries. You agree to abide by all applicable copyright and other laws, and you may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any Site Content for commercial or public purposes. The trademarks, trade names, logos, designs and service marks displayed on this Site (“Marks”) are the registered and unregistered trademarks of DeepSee and its licensors. You may not use the Marks for any purpose including, without limitation, for advertising or promotion, in any public medium, to imply any endorsement by or relationship with, DeepSee or its licensors or use as “hot links” or meta tags in other pages or sites on the World Wide Web, without the prior written approval of DeepSee or such licensor that may own the Mark. All future rights in and to the Site Content, including without limitation the underlying technology and software, and any patents, copyrights, trademarks, service marks, trade secrets, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the foregoing (collectively, the “Intellectual Property Rights”) shall, as between you and DeepSee, at all times be and remain the sole and exclusive property of DeepSee.

4. Restrictions

You agree not to use, transfer or distribute any Site Content in any manner that could compete with the business of DeepSee or any of its licensors. You agree not to modify, move, add to, delete or otherwise tamper with the Site Content in any way and to retain all copyright and other proprietary notices displayed on the Site Content. You also agree not to copy, disclose, post, distribute, reproduce, publish, display, transmit, perform, create derivative works of, decompile, reverse engineer, disassemble, link to or unlawfully use or reproduce any of the Site Content without DeepSee’s prior written consent. You agree to use this Site and the Site Content solely for your own noncommercial use and benefit. Moreover, you agree not to use this Site for any illegal purpose or in any manner inconsistent with the Terms.

5. Third-Party Information

Some of the information on this Site is supplied by independent third parties. DeepSee makes no warranty as to the accuracy of any such information and hereby disclaims all liability for any third-party-supplied information.

6. Links to Third-Party Sites

This Site may contain links to websites controlled or offered by third parties (non-affiliates of DeepSee). The links are only provided as a convenience and DeepSee does not endorse or recommend any products or services offered by or information contained in any of these third-party sites. DeepSee hereby disclaims all liability for all information, materials, products or services posted, offered or that may be accessed at any of the third-party sites linked to this Site. DeepSee makes no representation regarding the quality of any product or service contained at any such third-party site. Furthermore, DeepSee hereby disclaims all liability for any failure of products or services offered or advertised at those third-party sites.

7. Linking Policy

If you would like to link to this Site, you must comply with the following guidelines:

  1. Do not incorporate any Site Content into your website (e.g., by in-lining, framing or creating other browser or border environments around DeepSee content). You may only link to this Site by providing an underlined, textual link from your website to the home page of the Site (an “Authorized Link”). For example, www.deepsee.ai is the only Authorized Link to DeepSee’s Site. “Home Page” means the introductory or main web page of a website, typically serving as a table of contents for the website. No other link to the Site is permitted without the express, prior written approval of DeepSee.
  2. You may not present an Authorized Link to any DeepSee home page in a manner that suggests DeepSee has any relationship or affiliation with your site or endorses your site, products or services.
  3. Your website must not present false information about DeepSee, its products or services.
  4. You may not use any of DeepSee’s names, logos, designs, slogans, trademarks or service marks or any other words or codes identifying any DeepSee site in any “metatag” or other information used by search engines or other information location tools to identify and select websites, without DeepSee’s express, prior written permission for a particular use.
  5. Your website must not contain content that could be construed as distasteful, offensive or controversial.
  6. DeepSee prohibits unauthorized links to its Site and the framing of any information contained on its Site, or any portion of its Site, without the express, prior written approval of DeepSee. Furthermore, you may not archive, cache, or mirror any DeepSee web page or portions of a web page. DeepSee reserves the right to disable any unauthorized links or frames. DeepSee hereby disclaims all liability for any material on other websites that may contain links to this Site.
  7. If you would like to use, reprint, frame, or redistribute any content on this Site other than as permitted herein, you must request permission from DeepSee by writing to DeepSee.ai Inc., 26 South Rio Grande St., Ste. 2072, Salt Lake City, UT 84101, Attn: Armen Sargsyan. Please include: (i) your name, e-mail address, and telephone number; (ii) the name of your company; (iii) the website address(es) where the proposed use will occur; and (iv) specific details about the contemplated linking or framing activities, including the content or web page(s) of this Site which you would like to use.
8. No Warranties

The Site content is provided “as is” without warranties or representations of any kind, either express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer viruses. DeepSee periodically adds, changes, improves or updates the site content without notice. DeepSee hereby disclaims all liability for any errors or omissions in the Site Content. You are solely responsible for, and assume all risks associated with, your access, link to and use of this Site and the Site Content. DeepSee assumes no responsibility for the timeliness, deletion, improper delivery, or failure to store any user communications or personalization setting.

9. Limitation of Liability

Under no circumstances shall DeepSee be liable for any damages suffered by you or any third party, including, without limitation, any direct or indirect, incidental, punitive, special or consequential damages (including, without limitation, any reputational damages, any lost profits, damages for business interruption, or loss of information, programs or other data) that result from access to, link to, use of or inability to use this Site or due to any breach of security associated with the transmission of information through the internet, regardless of the theory of liability and even if foreseeable or even if DeepSee was advised of the possibility of such damages.

10. Privacy

Protecting the privacy of our clients and users of our sites is important to DeepSee. DeepSee’s Privacy Policy describes how we use and protect information you provide to us on our Site.

11. Security

The security of information transmitted through the Internet can never be guaranteed. DeepSee hereby disclaims all liability for any interception or interruption of any communications through the Internet or for changes to or losses of data. To protect you and your data, DeepSee may suspend your use of the Site, without notice, pending an investigation, if any breach of security is suspected.

12. Transmission of Personal Data

You acknowledge and agree that by providing DeepSee with any personal information through this Site, you consent to the transmission of such personal user information over international borders as necessary for processing in accordance with DeepSee’s standard business practices and DeepSee’s Privacy Policy.

13. Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of this Site are restricted to authorized users only. We reserve the right to restrict access to any areas of our Site, or indeed our whole Site, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our Site or other content or services, you must ensure that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. Unauthorized access to such areas is prohibited. We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our Site or any other contractual obligation you owe to us.

14. Procedure for Making Claims of Intellectual Property Infringement

Any notices of or communications regarding claimed copyright, trademark, patent or trade secret infringement on this Site must be (i) given in writing and (ii) personally delivered, or mailed, by prepaid, certified mail or overnight courier to: DeepSee.ai Inc., 26 South Rio Grande St., Ste. 2072, Salt Lake City, UT 84101, Attn: Armen Sargsyan.

15. Indemnification

You agree to indemnify, defend and hold DeepSee and its officers, directors, agents and employees harmless, at your own expense, from any and all claims, demands, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees), arising out of or in connection with your access, link to or use of this Site.

16. Termination

DeepSee reserves the right to terminate your access to the Site or account for any reason, including without limitation, violation of applicable laws or breach of these Terms. You agree that any termination of your account may be effected without prior notice. You further acknowledge that DeepSee will not be liable to you for any termination of your access to or use of the Site.

17. Severability

If any provision of these Terms is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. DeepSee reserves the right to alter or delete the Site Content at any time at its discretion.

18. Choice of Law / Choice of Forum

These Terms will be governed by, construed and enforced in accordance with, the laws of the State of Utah, USA, without giving effect to the principles of conflict of laws. Any controversy or claim arising out of or relating to these Terms and the subject matter contained herein, which is not settled to the mutual satisfaction of the parties within thirty (30) days (or such longer period as may be mutually agreed upon in writing) from the date that either party informs the other in writing that such a controversy or claim exists, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules before a single arbitrator in Salt Lake City, State of Utah, USA, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Updated: 08/13/2020