Last changes: October 29th, 2019
PLEASE READ THIS “TERMS OF SERVICE” AGREEMENT CAREFULLY BEFORE USING “DEEP INTELLIGENCE” PRODUCT AND SERVICES OFFERED BY “DCSC”
This is a legal Terms of Service agreement ("Terms of Service", “ToS”) between you (“You” or "User") and DCSC ("DCSC", “we”, “us”, “our”), for use of Deep Intelligence products and services (“Services”).
No professional relationship of any kind (partnership, joint venture, employee-employer or franchiser-franchisee) is intended or created between You and DCSC by this Agreement. DCSC will not have any authority and will not represent You before any third party that it has. Your relationship will be direct between You and any third party.
BY ACCESSING OUR WEBSITE AND/OR USING OUR SERVICES AND/OR REGISTERING FOR AN ACCOUNT, YOU AGREE TO BE LEGALLY SUBJECT TO THESE ToS (ON BEHALF OF YOURSELF OR THE COMPANY THAT YOU REPRESENT). IF YOU DO NOT AGREE TO THE ToS STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEBSITE AND/OR STOP USING OUR SERVICES.
1. General Conditions
DCSC develops and commercializes Deep Intelligence: a versatile, scalable and customizable business tool based on Machine Learning technologies and Cloud Computing. Deep Intelligence may be used either as a SaaS (Software as a Service) or through a private deployment.
Deep Intelligence.es is a software application that is offered via the Internet as a Saas (Software as a Service) through web sites owned and operated by DCSC. You can read more about how Deep Intelligence products and services work at https://deepint.net/product.
By creating an account and/or visiting our website and/or using deepint.net and/or using any of our products or services, you are agreeing to be bound by the ToS. If you do not agree, do not use any of our products and services, and leave our website.
Unless explicitly stated otherwise, any new features of our Products or Services, including the release of new versions, shall be subject to these ToS.
DCSC reserves the right, at any time and at its sole discretion, to add, modify or remove any portion of these ToS. It is your responsibility to check this Agreement periodically. Your continued use of our Services will mean that you agree to the changes. If you do not agree to the new terms, please stop using Deep Intelligence Services.
Violation of any of the ToS will result in the termination of your Account.
DCSC will put all its efforts into making Deep Intelligence Services available 24/7. Nevertheless, Services may be temporarily interrupted for several reasons, such as system maintenance, upgrades and repairs, equipment failures, natural disasters, or other situations. DCSC will try to minimize these service interruptions as it’s within its control. You agree that DCSC will not be liable for any events these interruptions might cause. Main functionality might be affected: access to the Services; creation of sources, visualizations, models, dashboards, etc.; edition; display; etc. In case you need a superior service level, please contact us at email@example.com to meet your needs.
You agree that your use of our Services is at your own risk and discretion. You agree that all our content and services are provided on an "AS IS" and "AS AVAILABLE" basis.
Please send any questions about these ToS to firstname.lastname@example.org.
2. Limitation of Liability
DCSC EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING (BUT NOT LIMITED TO), ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
DCSC makes no warranty that:
- our service, products and any other material, will meet your specific needs;
- results obtained from our service will be accurate or reliable;
- any errors in Deep Intelligence Services will be corrected.
No advice or information given by DCSC or through our Services, whether oral or written, will create any warranty not expressly made herein.
DCSC will not be responsible or liable for any harm to your computer system, loss of data, or other harm of any kind to you, your users or any other third party that results from your access to or use of the Services.
- DCSC makes no promises or guarantees that Deep Intelligence products or services are free of bugs or irregularities.
- DCSC makes no promises or guarantees as to its continued ability to provide any or all Deep Intelligence Services and all the current features to the User.
- DCSC makes no promises or guarantees as to Deep Intelligence Services availability (i.e., uptime), disaster recovery, system performance, and/or scheduled downtimes for maintenance. If you are interested in a support level agreement tailored to your specific needs, please contact us at email@example.com.
- DCSC will not be liable for any damages incurred arising from the access to or the use of our services, or from the download of any material from our website.
DCSC total liability to you for all damages shall not exceed the greater of one hundred dollars (US $25) or the value of the services purchased by you.
The laws of your country may be different from European laws in numerous respects. You accept sole responsibility for the legality of your actions under laws applying to you. In some jurisdictions, existing laws may not allow the limitation or exclusion of liability. In such cases, the above limitations may not apply to you; in any case, DCSC liability and the scope of duration of the warranty shall be the minimum permitted by law.
3. Authorized Users and Uses
Deep Intelligence Services are available only to individuals legally qualified to form binding contracts under the law applicable to these ToS. Our services are not available to individuals under 18 years of age. Our services will not be available to users with suspended or terminated accounts at our application.
You guarantee and are responsible for the accuracy, validity and authenticity of the personal data supplied, including your legal full name, a valid email address, and any other information requested in order to complete the signup process. You also commit yourself to keeping such data up to date.
Our Website and Services may only be used for the purposes they were created for. You shall comply with all applicable domestic and international laws and regulations regarding your use of the Website.
You must abide by the following standards of conduct:
- You are prohibited from publishing or distributing any defamatory, obscene or any other material that might violate any law.
- Do not publish nor distribute any content that contains software, or any other material protected by intellectual property laws, unless you have its rights.
- Use your own good judgment capabilities for evaluating or acting upon information obtained from our website or services.
You additionally agree that:
- you will not use any device or software to interfere with a proper working of our Services, nor use any "spider" or any other manual/automatic tool to access or copy any portion of our website, or any of its contents;
- you will not attempt to gain unauthorized access to our services or devices by any illegitimate means;
- you will not test the vulnerability of our Services, for any purposes (including academical purposes), without a previous explicit authorization from DCSC;
- you will not take any action that cause disproportionately large loads on our Services;
We may determine, in our sole discretion, that you have violated or are likely to violate any of these rules. In that case, we may take any action we consider necessary, including the termination of your account and the immediate removal of the related materials from the Website at any time without notice. If necessary, we will fully cooperate with any law enforcement authorities or court.
Furthermore, you shall be responsible for the cost of any services/actions DCSC takes to repair any damage caused by breaking these rules of conduct.
Deep Intelligence is not intended to be a digital storage nor a backup service. Do not use Deep Intelligence for storing or backing up your data. You will be the sole responsible of your data. We are not responsible for any alteration, deletion or loss of any data stored by you in our systems.
You agree to hold harmless and indemnify DCSC, and its employees, officers, agents, or other partners from and against any third-party claim arising from or in any way related to:
- your breach of these ToS;
- your general use of any of our Products and Services;
- your violation of any law, rule or regulation of any country;
- your Contributions or anything you upload or make accessible through our website;
- any other party’s access and use of our Website using your credentials.
Indemnification shall include any expense arising from all damages, losses, and expenses of any kind (including reasonable legal fees and costs), including infringement of intellectual property laws or civil or criminal claims, damages caused by a misuse of your credentials.
DCSC grants you a limited, revocable, non-sublicensable, non-exclusive, non-transferable license to access Deep Intelligence product and services, and make use of the Website and Content.
This license does not include:
- any commercial use;
- any collection and use of any product listings or prices;
- any downloading or copying of account information;
- any use of data extraction tools such as robots or web spiders.
Our Website and/or any portion of our Website and/or our Services, shall not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without DCSC’s express written consent.
You will make no attempt to, and will not permit your Users or any other third party to make any attempt to:
- alter, reverse engineer, or decompile Deep Intelligence Services;
- interfere in any manner with the hosting of our services; and/or
- sublicense to a third party.
Any unauthorized use shall automatically terminate the permissions and/or licenses granted by us to you.
6. Cancellation, Termination or Modification
These ToS are effective immediately upon creation of a Deep Intelligence account or any use of our Products and Services, and will remain so until you cancel your account or until DCSC terminates your account as set forth below.
You can delete your account and all its associated data at any time by clicking on the Delete Account link in the account section https://bigml.com/account or https://bigml.com.au/account. This section provides a simple no questions asked cancellation button. You must provide your password which helps ensure that your account is not cancelled without your permission. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation.[MSV1]
All your personal data and billing information will be immediately deleted from our databases upon cancellation. Termination of Deep Intelligence Services under the circumstances set forth below will also result in the deletion of your Account and all your Data.
DCSC, in its sole discretion, retains the right to suspend or terminate your account and/or refuse any current or future use of Deep Intelligence Services, for any reason at any time. DCSC may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and/or refuse to provide the Services to You if:
- You breach any of the ToS; and/or
- DCSC is unable to verify or authenticate your account information; and/or
- DCSC believes that your actions may create legal liability for us.
DCSC, in its sole discretion, will determine abuse or excessive usage. Prior to suspension, DCSC will make a reasonable attempt to warn the account owner.
DCSC may change or suspend Deep Intelligence Services totally or partially for any reason, at any time, including the availability of any feature. DCSC may also impose limits on certain features and services or restrict your access to parts or all of our Services without notice or liability.
If your bandwidth usage significantly surpasses the average usage (as determined solely by DCSC) of other users, we reserve the right to immediately strangle your access until you can reduce your bandwidth consumption. Please send us a request for premium service if you anticipate that you may need additional bandwidth.
If you are interested in Premium Support, please contact us at firstname.lastname@example.org. We offer a highly personalized level of service for customers seeking technical help. You can read more at https://deepint.net/plans-pricing.
If you have not used your resources in the last 12 months, DCSC reserves the right to terminate your account and delete them out of our systems. Except for the mentioned circumstances, DCSC will not delete your models or predictions until you purposely delete them, you cancel your Deep Intelligence account, or it is terminated.
7. Privacy, Data & Security
You are solely responsible for safeguarding your access information and password. We encourage you to use "strong" passwords. DCSC will not be liable for any loss or damage if you don’t follow some basic security rules.
Every time you make a change in your Deep Intelligence account, you will receive an email notifying that change. If You receive such email and You did not perform the change, please contact us immediately at email@example.com.
All data that you input, transmit or upload to Deep Intelligence Services are your sole responsibility. We do not control the Data analysed or modelled via Deep Intelligence Services and, therefore, we do not guarantee the accuracy, integrity or quality of those Data.
You shall ensure that any data containing personal data of EU subjects, is compliant with the General Data Protection Regulation (GDPR) European law (May 25th, 2018). Among other restrictions, this law states that individuals must give explicit consent to make use of their data. DCSC is not responsible if your Data is not compliant with this regulation.
To use our services, You must be the owner and/or have the rights to use the data; or use public data for creating your sources. Your sources cannot:
- be obtained by fraud or involve the use of any unlawful method;
- infringe any third party's copyright, patent, trade mark or other proprietary rights or privacy laws;
- violate any law or regulation;
- create liability for us;
- cause us to lose the services of our ISPs or other suppliers.
If you find a problem in the way we use or process your data and you want DCSC to analyse the problem, we must be granted a temporary authorization to inspect your data. Permission shall be deemed granted implicitly when making a request for analysis.
Any feedback, comments or suggestions you may provide us regarding our Services is entirely voluntary and shall be deemed to be non-confidential. DCSC shall be free to use such information without any obligation to you.
Our Cookies Policy establishes the way we capture data and which analysis tools we use to extract and analyse any non-personally identifiable data or information resulting from the use of Deep Intelligence products and services. This Data will be solely owned by DCSC and may be used for any lawful business purpose without a duty of accounting to you if it’s used only in an aggregated form.
8. Subscriptions & Payment
Deep Intelligence users have the option of purchasing a subscription to make use of our products and services. The features and prices of the different subscription plans available are subject to change at any time by DCSC.
To initiate a subscription, you must enter a valid debit or credit card, or the information necessary to use any other payment method we might support. As you confirm your subscription, you agree to be bound by and pay for that purchase. If your payment involves any kind of fee from your bank, you alone are responsible for that fee.
We never store or have access to your full card number or CVC. We process debit and credit card payments through the services offered by Stripe, Inc ("Stripe"). Stripe has been certified to PCI Service Provider Level 1, the most stringent level of certification available.
At the end of your subscription period (typically 1 month or 1 year), your subscription will be automatically renewed at the same payment terms.
You may upgrade your subscription at any time through your account panel. Once upgraded, your will be invoiced at the corresponding new price. The first billing cycle following the upgrade will include an invoice with the prorated amounts corresponding to the time periods with the old and the new subscription plans.
You may downgrade or cancel your subscription at any time; they will take effect at the start of your next billing cycle. No refunds will be provided for portions of the current billing cycle following a downgrade or cancellation.
If you believe that there is an error in any invoice or charge, you must contact DCSC within 90 days of such charge. No refunds will be made for any charges more than 90 days old.
You shall be responsible for ensuring that Your Equipment and auxiliary services are compatible with the Service, and capable enough to cover the technical requirements of our Services for a proper functioning. This includes, but is not limited to, any hardware, software, internet connections, etc.
Notices and Electronic Notices
When you use/visit Deep Intelligence website or send e-mails to us, you are communicating with us electronically. You consent to receive electronical communications from us. and agree that all the information sent / received by these means, will be valid from a legal point of view.
From DCSC point of view, any information related to these ToS shall be deemed effective upon receipt by DCSC when sent by confirmed e-mail to firstname.lastname@example.org. Analogously, any information related to these ToS shall be deemed effective upon receipt by you when sent by confirmed email to the email address you provide.
DCSC will send you all invoices corresponding to the purchased products and services, to the email account you provide. Invoices may be also accessible from your account at our website / application, if this functionality is supported.
DCSC shall not use any tax information you provide for any other purpose than invoicing.
This Agreement will be governed by European laws. You agree that any legal claim will be commenced and maintained exclusively in Benton County Circuit Court, located in Corvallis, Oregon or in the Ninth Circuit Federal Court located in the District of Eugene, Oregon[MSV3] .
Private and public resources
If you use public data as an input to our Products and Services, you understand that other users might create identical datasets or models to yours.
If you have not used your resources in the last 12 months, DCSC reserves the right to delete them.
10. Copyright Notice
DCSC, Deep Intelligence and its logos are trademarks registered by Proint.
All of the content displayed on our Website or in our Services, including general design, text, images, graphics, images, sounds, etc., is owned by Us, our licensors, vendors, agents and/or out Content providers.
You may not copy, edit, transmit or publish in any way, any of our contents without Our written consent. We will terminate your account and/or deny all access to our services, if you are alleged to infringe this Copyright Notice.
 DCSC is a trademark registered by Proint Projecten International SL, a company located in Spain (39 María de Molina St., 8th Floor, 28006 Madrid), Tax ID Number: B87506333.