Effective Date: January 1, 2025
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY ACCESSING OR OTHERWISE USING THIS WEBSITE, YOU AGREE TO BE CONTRACTUALLY BOUND BY THESE TERMS OF USE.
This Agreement applies to any individual or entity that downloads (if applicable), installs (if applicable), registers for, uses, or logs into the ATLAS software (the "Software"), as well as to any individual or entity that enters into this Agreement in connection with the Software, or that enters into a separate individual contract with us.
These Terms of Use (the "Terms") are part of the overall agreement (as defined below) between you ("you" or "your") and DeepInsight Co., Ltd. (DeepBI Atlas, the "Company," "we," or "us").
Each party is an independent contractor. This Agreement does not create any partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties, and there are no third-party beneficiaries.
Subject to your compliance with these Terms, this Agreement governs your use of our platform, analytics, information, applications, websites, and other products and services (collectively, the "Services").
If you are using the Services on behalf of a company or other entity, then "you" includes both you and that entity, and you represent and warrant that: (a) you are an authorized representative of that entity with the authority to bind the entity to this Agreement; and (b) you agree to this Agreement on behalf of that entity.
By accessing or using the Services in any manner (as defined below), you agree to: (1) all of the terms and conditions in these Terms; (2) our Privacy Policy (the "Privacy Policy"); and (3) any other standard policies or community guidelines published in our Services, which also form part of your contract with us and must be complied with (Terms (1) through (3) collectively referred to as the "Agreement").
Please note that Section 16 contains an arbitration clause and class action waiver clause.
By agreeing to this Agreement, you agree to (a) resolve all disputes with us through binding individual arbitration, which means you waive your right to have disputes decided by a judge or jury; and (b) waive your right to participate in class actions, class arbitrations, or representative actions.
You have the right to opt out of arbitration as set forth in Section 16.
This Agreement, including all provisions set forth herein and all appendices and all orders, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous oral agreements, proposals, or representations regarding the Software. In case of conflict with a specifically executed contract, the contract shall prevail. Any changes, modifications, or waivers to any provisions of this Agreement shall be void unless made in writing and signed by the other party or acknowledged electronically.
You must be at least 18 years of age to use this website and/or other Services.
By using the Services, you represent and warrant that you meet these requirements.
To access the functionality of the Services, you must register or create an account.
When creating an account, you must provide accurate and complete information and update it from time to time as necessary.
If we believe that the information you provide is incorrect, not current, or incomplete, we have the right to refuse your access to the Services or any of their resources, and to terminate or suspend your access at any time without notice.
We may choose to allow you to log into the Services through other third-party authentication services, namely third-party platforms (as defined below).
You understand that these are third-party platforms, and we assume no responsibility for their login, systems, or data.
When using third-party login, you may be subject to their respective privacy policies and other terms of use.
You are fully responsible for all activities on your account and must keep your account password secure.
You must immediately notify the Company of any security breaches or unauthorized use of your account.
While the Company is not responsible for your losses caused by unauthorized use of your account, you may be liable to the Company or others for losses resulting from such unauthorized use.
We provide you with Services through contracts or orders, with detailed information about the scope of your Software access rights during the contract term:
(1) Services are sold in user package format: a) As agreed in separate contracts signed by both parties; b) Through agreement with package descriptions corresponding to web purchases: You can find general service descriptions and feature access on our website (https://www.deepbi.com/). Other commitments, performance promises, or collateral agreements are only effective upon our written confirmation; c) In case of conflict between the two, the provisions of (a) shall prevail.
(2) Additional packages may be added during the package period, with prices as specified in the contract;
(3) Our website price list is subject to change, as determined and published by us, but is not binding between you and us. Orders are only considered accepted when we confirm them with you in writing.
(4) Seven (7) calendar days before your package is due to expire, we will notify you by email to renew the service, and you may choose the renewal period.
(5) All prices listed in the price list are net prices, excluding applicable statutory value-added tax and any other taxes that may be incurred.
(6) You agree that if you purchase a subscription, your subscription will automatically renew at the subscription cycle frequency referenced on the subscription page (or monthly if not specified), and your payment method will be automatically charged the applicable fees and taxes for that period at the beginning of each new subscription period.
(7) If you have chosen an annual plan, we will make reasonable efforts to notify you before the annual renewal.
(8) You may cancel or downgrade the Services at any time for any reason.
(9) To avoid future charges, you must cancel or make changes before your subscription cycle renewal date.
(10) You can make these changes by: (1) using self-service features, (2) requesting changes through the customer support chat widget, or (3) sending an email to our dedicated support team at support@deepbi.com.
You agree to pay the Company any applicable fees for the Services selected.
By completing and submitting any credit card or other payment authorization in the Services, you authorize the Company to charge the fees to your designated account.
You authorize and direct us to retain payment method information associated with your account.
Except as expressly provided in these Terms, payments for any Service subscriptions are non-refundable, and there are no credits or refunds for partial or unused periods.
However, after you cancel, you will continue to have access to paid Services until the end of your paid subscription period.
Any refund of funds after termination is at the Company's sole discretion.
You must keep all contact and billing information (including payment methods) current.
If we cannot receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon our request.
You will be responsible for any fees that have accrued but remain unpaid, even if your account is canceled by you or terminated by us.
During any free trial or other promotional period, you remain responsible for any purchases and surcharges incurred using your account.
Your paid Services will be considered overdue 30 days after any unpaid fees are due, and we may terminate or suspend your account and Services for non-payment.
We reserve the right to charge an additional late fee of 1.5% per month (or the maximum amount permitted by law, whichever is lower) on amounts unpaid for more than 30 days, and to use any lawful means to collect any unpaid fees.
You are responsible for any costs we incur in collecting any remaining balance, including attorney fees and collection costs.
You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account, or anyone who gains access to your account due to your failure to protect your username, password, or other authentication credentials or information.
You warrant that the information you provide during account creation and use is accurate and complete. You should immediately notify us of any changes to your contact data and any data required for the performance of this Agreement.
All operational activities recorded in the Software's use and services are associated with the registered account, which means that all operations of that account in the Software are assumed to be performed by you personally, and you are personally responsible for the operational results.
If you leave an entity company and its affiliates that you represented and stop using the Software, we may delete your registered account from the server.
You are responsible for ensuring that technical requirements are met, including the availability of required hardware and software and appropriate telecommunications connections. Upon request, we can provide advice on required hardware and software environments.
You are responsible for ensuring that your employees have appropriate qualifications and training to use the Software.
If the Software becomes inaccessible or our Services have failures or defects, you should immediately report to us via email, QQ groups, phone, or other means upon discovery. If impact is caused, you should describe it in text form as much as possible, explaining how to reproduce the failure, defect, or malfunction.
The Software is not intended for permanent backup and data storage. Therefore, you should retain backup copies of all data transmitted to us, which should not be stored on our servers. Additionally, you should regularly back up data related to using the Services to prevent permanent data loss and minimize damage risk.
You should retain login and password details for accessing the Software and ensure they are secure from third-party network access. Personnel to whom you grant access should be appropriately instructed by you and are obligated to the same extent. Passwords must be changed regularly, at least quarterly. If you discover that unauthorized third parties have obtained access data to the Software, you should immediately notify us. We have the right (but no obligation) to take measures to reduce damage, such as blocking your account or changing access data. In such cases, you have the right to request new access data from us. If third parties access the Software using your account after obtaining the required access data because you failed to adequately protect it, you are responsible for third-party operations of your account. This rule does not apply if you have previously notified us of the possibility of unauthorized access and we had sufficient time to prevent third-party access.
You should avoid taking any measures that could damage or endanger the stability and security of the Software or our other systems or services, unless such damage or danger is a technical inevitable consequence of using the Software as described in this Agreement.
You are solely responsible for compliance with Amazon's Terms of Use and guidelines for using Amazon Marketplace. While the Software and its provided functions may in some cases enable you to violate Amazon's terms and guidelines, this is clearly not the intended use of the Software, and we neither support nor accept such use of the Software.
If we discover or receive reports that you have violated the provisions of this Agreement, we have the right to take measures including but not limited to suspending or terminating your use of the Software and pursuing legal liability.
The Services may only be used for: (i) internal business purposes; (ii) use by the number of persons for whom licensing fees have been paid; (iii) without modification or combination with other products, services, or software unless expressly authorized by any applicable documentation we provide; and (iv) in compliance with all applicable laws and in accordance with all documentation and instructions we provide.
Additionally, you may not: damage, abuse, or misappropriate the Services.
You expressly agree not to: use the Services in a way that could damage, disable, overburden, or impair the Services; post or transmit information or software containing viruses, Trojans, worms, or other harmful components; reverse engineer, reverse compile, decompile, disassemble, translate, exploit, or otherwise derive source code from the Services; resell or otherwise directly or indirectly exploit any part of the Services or access thereto for commercial purposes; use information obtained from the Services for any form of direct or indirect solicitation; access (or attempt to access) this website through any automated means (including using scripts or web crawlers); create any derivative works based in whole or in part on the Services; use i-frames, web frames, or any similar framing to enclose, capture, or distribute any part of the Services; mirror, cache, or store any pages or parts of the Services; use false email addresses, impersonate any person or entity, forge email headers, or otherwise disguise the source of any communication or mislead the source of information provided; attempt to gain unauthorized access to any Services or information to which you have not been granted access through password mining or any other process.
Harm to Company. You expressly agree not to: remove, alter, or obscure any headers, product logos or brand names, trademarks, copyright notices, proprietary notices, or other intellectual property designations or indications of our rights and ownership associated with, contained in, or otherwise related to the Services, documentation, or any copies made pursuant to this Agreement; co-brand any part of the Services; portray the Company or its affiliates in a negative manner, or portray their services in a false, misleading, derogatory, or offensive manner; otherwise imply our endorsement of your brand or services.
Harm to Other Users. You expressly agree not to: restrict or inhibit any other user's use and enjoyment of the Services; post or transmit any unlawful, fraudulent, defamatory, libelous, obscene, pornographic, vulgar, sexually oriented, profane, threatening, abusive, hateful, offensive, false, misleading, derogatory, or otherwise objectionable information, including but not limited to any transmission that constitutes or encourages conduct that could constitute criminal offenses, give rise to civil liability, or otherwise violate any local, state, national, or foreign law (including but not limited to U.S. export control laws and regulations); post or transmit any advertisements or other unsolicited commercial communications (unless expressly permitted otherwise by the Company) or engage in spamming or flooding.
You will use at least the same effort to protect any of our confidential information as you use to protect your own confidential information, and in any event no less than reasonable and industry-standard effort.
Our "Confidential Information" includes the Services, documentation and information about the Services and their operations, or any other information that a reasonable person would understand to be of a confidential or proprietary nature.
You agree to return or destroy our confidential information upon termination of this Agreement.
You acknowledge and agree that if you breach your confidentiality obligations herein, we will be entitled to seek equitable relief to prevent such breach, as well as to seek other remedies.
Subject to your compliance with this Agreement, we hereby grant you a limited, non-exclusive, non-transferable license to access and use the Services during the term of this Agreement.
Our obligations regarding your personal data are set forth in our Privacy Policy.
The Company has no obligation to monitor the content of the Services.
However, the Company has the right to electronically monitor the Services from time to time and to disclose any information when necessary or appropriate to satisfy any law, regulation, or other governmental requirement, to properly operate the Services, or to protect itself or its customers.
Each party acknowledges and warrants:
Both you and we shall keep confidential the contents of this Agreement and the performance of this Agreement, and shall not disclose them to third parties. Both you and we are mutually providers and recipients of confidential materials, with confidentiality obligations and confidentiality responsibilities.
Neither party may disclose or reveal any confidential materials to third parties or use confidential materials in other ways without the written consent of the other party.
You and we must also ensure that our respective representatives do not disclose or reveal any confidential materials to third parties or use confidential materials in other ways.
Unless disclosure, revelation, or use of confidential materials is appropriately required by obligations that both parties should undertake in carrying out or developing cooperative project work under normal circumstances (including obligations that both parties should undertake according to law or contract in the future).
1. Scope of Liability: Under no circumstances shall we or our affiliates be liable for any indirect, incidental, consequential, or special damages, or loss of profits or damages due to business interruption or loss or inaccuracy of information, including if any of the foregoing relates to this Agreement or your use or inability to use the Services, regardless of whether such damages were foreseeable, even if we were advised that such damages might occur. The above liability does not limit your payment obligations as provided in Section 8 (Agreement Term).
Under no circumstances shall our total liability to you for any and all claims arising from or related to this Agreement or the Services exceed the total fees you paid to us in the six months preceding the claim date (or $10 if the Services are free).
2. Exclusion of Consequential and Related Losses: Under no circumstances shall either party be obligated to compensate for any loss of profits/revenue or any indirect, special, incidental, consequential, compensatory, or punitive losses caused by any other reason, whether due to provisions of this Agreement, tort, or any other category of liability, and regardless of whether potential losses have been disclosed. To the extent limited by applicable law, the above disclaimer does not apply.
3. Regarding Our Use of Cookies: Cookies are small data files (usually numbers and letters) that websites store on your computer or mobile device. Cookies help that website or another website recognize your device the next time you browse. Web beacons or other similar files also have the same function. In this Agreement, we use the term "cookies" to refer to all files that collect information in this way.
Cookies can perform many different functions, such as allowing you to navigate efficiently between web pages, saving your preferences, and generally improving your website access experience. Software pages may use cookies so that when you return to our website, the Software can provide you with information access.
While there has been ongoing controversy about the privacy implications of cookies, it is important for Software customers to know that cookies do not read your hard drive and cannot use cookies to reveal new information about you that you have not chosen to disclose. The Software may use cookies to record your activities on our website. Please note that your web browser settings may be adjusted to limit or prohibit this website and other websites from placing cookies.
4. Communication Preferences and Opt-Out: After you provide us with your contact information, the Software or we may market to you, including but not limited to sending promotional and related offer information. If you want to opt out of receiving marketing-related information from the Software, please click the "opt out" link in the communication. Please note that if you choose not to receive marketing-related emails from us, we may still continue to send important administrative messages to your email. If you want us to completely delete your personal records from our database, we will delete your contact information upon your request.
5. International Data Transfers: Subject to our applicable laws and regulations, we or our third-party operators retain the right to transmit, process, and store your information anywhere outside your country/region.
You acknowledge that this limitation of liability is an important term between you and us regarding the provision of Services to you, and without this limitation, we would not provide Services to you.
You agree to indemnify, defend, and hold harmless us and our affiliates, and our and their respective officers, directors, members, agents, and employees from all losses, expenditures, damages, claims, judgments, costs, expenses, and liabilities, including reasonable attorney fees, arising from or resulting from (1) any actual or alleged breach of this Agreement by you (including any representations or warranties herein); (2) any activities related to your account conducted by you or anyone else using your password to access the Services; (3) your use of and access to the Services; (4) your actual or alleged violation of any third-party rights; (5) your actual or alleged violation of any laws, rules, or regulations; and/or (6) your content or data (including if it causes any harm to third parties).
Your defense, indemnification, and hold harmless obligations in this Agreement will continue after this Agreement and your use of the Services.
We are not liable for circumstances beyond our reasonable control or not due to our fault or negligence, including but not limited to force majeure, acts of civil or military authorities, fire, riots, war, embargo, internet outages, hacking, or communication failures or other force majeure events.
Once effective, this Agreement will remain in effect until terminated by you or us. However, even after termination, the terms of this Agreement will still apply to your previous use of the Services.
You may terminate this Agreement at any time for any reason by providing notice to the Company in the manner specified in this Agreement or by canceling your subscription as described in Section 2(A) above.
If we breach this Agreement, we may terminate this Agreement at any time without notice, or choose to temporarily suspend your access to the Services.
Notwithstanding the above, the Company also reserves the right to terminate this Agreement at any time for any reason by providing you with notice (via email or other reasonable means).
Upon termination of this Agreement, the Company is no longer obligated to provide the Services or access to the Services.
Upon termination, all licenses and other rights granted to you by this Agreement (if any) will immediately terminate, but your licenses to us will continue in effect, and certain of your obligations (including payment obligations, if any) will continue in effect pursuant to these Terms.
You only need to pay the recharge amount to the dedicated recharge account we provide to purchase package services. We will bill you in advance or execute according to relevant order agreements. You are obligated to maintain accurate and complete billing information and contact information in the Services.
If you cancel authorization during the advertising service period, you need to first pause or cancel all AI-hosted Listings within the site. Only after all advertising has been completely paused may you cancel authorization. Canceling authorization will not affect advertising service status. During service activation, you may re-authorize and continue hosting Listings. Additionally, canceling site authorization will result in data and optimization strategies being unrecoverable, so please operate carefully.
During service activation or while services have not expired, you may normally use AI advertising services, host Listings to create new ads and continue advertising, and we will continue to provide AI advertising services for you.
After services expire, we will automatically stop advertising.
If there is a reasonable and documented dispute regarding relevant fees, and you and we make efforts to coordinate and resolve the dispute, we may not implement the rights provided in Section 3.3 (Service Suspension and Advance Charges).
The Services may integrate and/or interact with third-party platforms, including through APIs or browser extensions.
For example, the Services may utilize APIs from Amazon.com, Amazon Services LLC, and/or their affiliates ("Amazon") to integrate and interact with certain Amazon services, and/or Google Chrome browser extensions.
Amazon names and brands are registered trademarks of Amazon.
Google and Chrome names and brands are registered trademarks of Google.
The Company has no affiliation, association, endorsement, or sponsorship relationship with Amazon, Google, Facebook, Twitter, LinkedIn, Google, or any other similar third-party platforms (collectively, "Third-Party Platforms").
You are responsible for analyzing and interpreting any third-party service terms applicable to your use of the Services (collectively, "Third-Party Terms"), and you acknowledge that we have no control over and are not party to these terms.
Without limiting the foregoing generality, you acknowledge and agree that in order for the Services to work with certain Third-Party Platforms (such as Amazon's Marketplace Web Services), you must grant us access to your applicable third-party accounts (such as your Amazon Seller Central account used for Amazon Marketplace Web Services).
By integrating Third-Party Platforms into your account, you authorize us to access, collect, analyze, and use data collected through or via Third-Party Platforms ("Company Data"), including but not limited to customer data ("Your Customer Data").
You represent that you have the right to access any applicable Third-Party Platforms and that you are the owner or authorized user of the Third-Party Platform accounts you authorize us to integrate.
You further agree and acknowledge that we do not own or operate such Third-Party Platforms and therefore are not responsible for the operation, security, or performance of these Third-Party Platforms and the Company Data provided thereby.
Certain content on the Services may be provided by third parties.
Any opinions, recommendations, statements, services, offers, or other information that constitutes part of the content expressed or provided by third parties (including other users) are the opinions of their respective authors or distributors, not the Company.
You may communicate with or participate in promotions of these third parties, such as advertisers promoting their products or services.
Any such communication or participation, including delivery and payment of products, services, or content, is entirely between you and each such third party.
The Company neither endorses nor is responsible for the accuracy or reliability of any opinions, recommendations, submissions, posts, or statements made by third parties on the Services.
For your convenience, the Services may provide links to Third-Party Platforms and their contact information (such as social media accounts and email addresses).
The Company does not endorse such third parties and makes no representations or warranties about anything that occurs between you and any such third parties.
Third-Party Platforms are independent of the Company and not under the Company's control, even if, for example, Company links or logos appear on platforms linked by the Services.
You need to read the applicable terms of use, privacy, and other policies of these third-party websites.
By using the Services, you hereby release the Company from any and all claims or causes of action related to: (i) your use of any Third-Party Platform, including access or use through our Services, and (ii) Third-Party Terms that you enter into or that apply to you, applicable privacy policies, or any other such third party's rules or regulations.
You grant us the right to use Company Data so that we can provide the Services, enhance the Services, collect and deliver market insights, forecast results, and for other business purposes.
Such data may include but is not limited to sales data and information, pricing, shipping costs, and other similar information, or other information provided for the Services.
For clarity, this information is not considered your confidential information or personal information for purposes of this Agreement.
You represent and warrant that you have all necessary rights, consents, and approvals to grant us such access and use of information.
You further agree not to provide any Company Data that infringes any individual's privacy rights or any third party's intellectual property rights or that you do not have the right to use.
You will retain any and all rights in Company Data, subject to the non-exclusive rights and licenses you grant to the Company to use, copy, reproduce, modify, adapt, publish, and display such Company Data, including data from Third-Party Platforms, in order to provide you with the functionality and features of the Services.
Except as otherwise provided in this Agreement, the Company collects and processes Your Customer Data solely for the purpose of providing the functionality and features of the Services.
Under no circumstances will the Company sell Your Customer Data or use it for marketing or promotional purposes.
All collection, use, and processing of Your Customer Data shall comply with all applicable laws, rules, and regulations.
The Company shall implement and maintain reasonable administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Your Customer Data, but you acknowledge that no security measures involving the transmission of information over the internet are perfect.
The Company shall maintain security incident management policies and procedures and, to the extent permitted by law, shall promptly notify you of any unauthorized access to or disclosure of Your Customer Data.
The Company shall use reasonable efforts to identify and remediate the cause of actual or reasonably suspected security vulnerabilities.
Notwithstanding the foregoing, you agree that the Company may freely use and disclose Your Customer Data in aggregated, anonymized form for general statistical analysis, improvement of its services, and creation of reports, assessments, benchmarking, research, analysis, and other work products related to the foregoing; however, the Company may not distribute any such aggregated data in a way that identifies any customer or could be identified as originating from a customer, unless the customer's prior written consent is obtained.
Without limiting the foregoing, you expressly represent and warrant that all Your Customer Data is collected and provided in accordance with our Privacy Policy, applicable Third-Party Platform policies, and all applicable laws.
You are obligated to provide us with all data necessary to perform the Services in accordance with this Agreement. The Software obtains relevant data and reports through authorization of your Amazon account ("Amazon Account"), and will clearly and honestly inform you of the data it needs to access and its purpose. You must ensure that we are granted all access rights necessary for this purpose. According to Amazon's personal identification information retention policy requirements, we automatically delete your buyers' personal identification information 28 days after your buyers' orders ship, and do not make offline backups.
The data you provide for analysis must not violate legal provisions or infringe third-party rights. The Services we provide must not be used for illegal or third-party infringement purposes. If violations occur, we may suspend providing Services with immediate effect or block your access to the Software. You indemnify us for any damages caused by your breach of the above provisions, including costs incurred in realizing the above claims, including but not limited to notarization fees, appraisal fees, travel expenses, processing fees, attorney fees, etc.
You grant us the rights necessary to use data in order to analyze and deliver data pursuant to this Agreement.
Due to the nature of the data analysis you require, we may use authorized Amazon accounts to collect and analyze data that is not directly related to you, such as data related to products you have not sold. You permit us to analyze such data.
According to Amazon's data protection policy provisions, we must create, record, and comply with privacy and data processing policies for applications or services. These policies specify appropriate behaviors and technical controls when managing and protecting information assets. We must maintain an inventory of software and physical assets (such as computers, mobile devices) that can access PII and update it regularly. Records of data processing activities should be maintained, such as specific data fields and all PII information collection, processing, storage, use, sharing, and disposal methods, to establish accountability and comply with regulations. We must establish and comply with customer-agreed privacy policies and data access rights, correction, deletion, or cessation of sharing/processing their information (if applicable) or information required by data privacy regulations.
Upon receiving notice from Amazon and pursuant to their request to delete Amazon information, we must immediately (but no more than 72 hours after Amazon's request) permanently and securely delete it ourselves (according to industry-standard processing procedures, such as NIST 800-88). We must also permanently and securely delete all live (online or network-accessible) Amazon information instances within 90 days of Amazon's notice.
1. Incident Detection and Assessment: We maintain monitoring systems to detect potential security incidents. Once discovered, we will:
2. User Notification Timeline:
3. Notification Content: Data breach notifications will include:
4. Regulatory Compliance: We will notify appropriate regulatory authorities as required by applicable law, including:
5. Third-Party Incident Response: If a third-party service provider (e.g., Amazon Web Services) experiences a data breach, we will:
If your payment fails or your subscription expires, your account will enter a 14-day grace period ("Grace Period"). During the Grace Period, we may continue to collect and process data from your connected Amazon accounts to maintain service continuity and prevent data loss.
You may restore full service access at any time during the Grace Period by updating your payment information. If payment is not successfully completed by the end of the Grace Period, your account will be suspended, and all automated data collection from your Amazon accounts will cease.
We will retain previously collected data in accordance with our data retention policy and applicable laws. Upon account suspension or termination, you may request deletion of your data at any time through your account settings or by contacting our support team.
Certain materials you may post on our Services are or may be public, including but not limited to any public profile data, feedback, questions, comments, suggestions, uploads, blog entries, ratings, reviews, pictures, videos, poll answers, etc., posted through the Services in any form or medium (collectively, "Public Posts").
These Public Posts will be treated as non-confidential and non-proprietary.
You are responsible for any Public Posts and the consequences of sharing or posting such content with others or the public.
This includes, for example, any personal information, such as your address, others' addresses, or your current location.
We are not responsible for the consequences of publicly sharing or posting any personal information or other information on the Services.
Other content or communications you transmit to us, including but not limited to any feedback, data, questions, comments, suggestions submitted to us via email, Services, or otherwise (to the extent not including any personal information, collectively, "Submissions"), will be treated as non-confidential and non-proprietary.
By providing any Public Posts or Submissions, you (i) grant the Company a royalty-free, non-exclusive, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works (including products), distribute, and display such content in all media worldwide, and to post such content on the Services pursuant to this Agreement, and you grant us a license to all patents, trademarks, trade secrets, copyrights, or other proprietary rights in such content; (ii) agree that we may freely use any ideas, concepts, or techniques embodied therein for any purpose, including but not limited to developing and marketing products or services incorporating such ideas, concepts, or techniques, without attribution and without any liability or obligation to you; (iii) grant the Company the right to use your submitted name in connection with such content.
Additionally, you hereby waive all moral rights you may have in any Public Posts or Submissions.
You shall be solely responsible for your own content and any Public Posts and Submissions.
You acknowledge, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to post the content you post or submit.
You further agree that content you submit through Public Posts or Submissions will not contain third-party copyrighted material, or material subject to other third-party proprietary rights, unless you have obtained permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and grant us all the license rights granted herein.
You further agree that you will not submit any content or other material to the Services that violates any published "Community Guidelines" or similar titled document (if any), which may be updated from time to time, or that violates applicable local, national, and international laws and regulations.
We do not endorse any content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such content.
We do not permit copyright infringement activities and infringement of intellectual property on the Services, and we will remove all content if we receive proper notice indicating that such content infringes others' intellectual property, as described below.
We reserve the right to remove content without prior notice.
We reserve the right to determine whether your content violates this Agreement for reasons other than copyright infringement (such as pornography, obscenity, or excessive length).
We may remove such content and/or terminate user accounts at any time, without prior notice and at our sole discretion, or otherwise block the submission of material that violates this Agreement.
We are not responsible for end-user errors or input mistakes or errors in user-provided data.
We do not independently verify the authenticity or accuracy of any data or content entered into the Services, nor are we responsible for any fraud, misrepresentation, negligence, or misconduct by any end user or other third party.
If there is a conflict between this Agreement and your Order Form, the terms of the Order Form will prevail.
The Company may change the terms of this Agreement at any time.
You will receive notice of such changes via email (if you have provided a valid email address) and/or by posting notice of changes on the Services (which may include posting changes on our website).
Such changes become effective upon receipt of notice or posting on the Services, whichever occurs first.
Continued use of the Services constitutes your acknowledgment and agreement to be bound by such changes.
The Service Content refers to related services we provide to users through the Software.
You may use the Software and Services through computers, mobile phones, and other terminals in client, web page, and other forms, subject to what we provide. We will continuously enrich the terminals, forms, etc., for your use of the Software and Services. When you use the Software and Services, you should choose a Software version that matches your terminal, system, etc., otherwise you cannot use the Software and Services normally.
Other services, such as support services for the Software, are provided as additional services only after prior agreement. The Software may not be obligated to provide you with any support services, nor is it obligated to enter into contracts for such additional services.
You may create your own user account to use the Software. We will grant you usage rights within the scope of services you have purchased through your account.
We have the right to update the Software version at any time, expand the scope of Software functions, and make improvements to adapt to technological advances. We also have the right to introduce additional security measures or similar changes at any time. After new Software versions are released, we may set reasonable transition periods as appropriate for some users to use the new version. After the transition period ends, old versions of the software may not continue to be used, and we do not guarantee that old versions of software will continue to be available and provide you with corresponding services.
If we voluntarily provide additional services or software features (such as new tools, new functions) at no additional charge, such features are not covered by this Agreement and should not be considered as your future free use of such features. Such new features are typically used for testing purposes, and we have the right to stop, change, or provide such additional services.
Some functions of the Software depend on data provided by Amazon through APIs and data collected through other means. We can only process and analyze such data. Therefore, in some cases, we may be forced to reduce the available functions of the Software or certain tools; and, as long as such reduction in functionality results from Amazon's changes to available data, we have the right to handle it as described above. If the reduction in Software functionality under the above circumstances damages your interest in using the Software, you have the right to terminate your subscription to the Software.
Continued use of the Services after receiving notice of such changes indicates your acknowledgment and acceptance of such changes and satisfaction with the modified Services.
Except for the usage rights expressly granted herein, we and/or our suppliers and vendors (as applicable) reserve all rights, title, and interest in and to the Services, websites, and all information, content, software, analytics, and other software and materials provided by or on behalf of us, including but not limited to all text, images, videos, logos, button icons, audio clips, and the look and feel of the websites and our brands and logos, and any data compilations, including but not limited to any data entered by us or our third-party providers, and any data processed or output as a result of the Services, and all service usage data, statistics, or aggregated data.
Unless otherwise stated, all content on our websites or other Services is our property or the property of third parties.
These contents are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws.
We welcome and encourage your feedback.
However, you agree that, (i) by submitting unsolicited ideas to us, you automatically waive any intellectual property rights in the idea; (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically become our property.
The Services are controlled, operated, and administered by us within the United States.
We make no representation that this website is accessible or usable at other locations within or outside the United States.
However, any access or use from outside the United States remains subject to this Agreement.
You agree not to access or use the Services in violation of U.S. export laws and regulations, or in violation of any laws or regulations of the country from which you access the Services.
This arbitration provision contains a binding arbitration clause and class action waiver clause. It affects your rights regarding how to resolve any disputes between you and us.
1. Informal Process. You agree that if any dispute arises between you and the Company, you will first contact the Company and make your best efforts to resolve the dispute in good faith before resorting to more formal resolution, including but not limited to any court action.
2. Arbitration Election. You agree that all disputes between you and us (including disputes involving third parties), such as disputes related to this Agreement or the Services and threshold issues of arbitrability, may be resolved by binding individual arbitration administered by JAMS, at our sole discretion.
3. You hereby expressly waive trial by jury. If the prohibition of class actions and other claims brought on behalf of third parties in this arbitration provision is found to be unenforceable, then the foregoing language in this arbitration provision shall be void. This arbitration agreement will survive the termination of your relationship with us.
4. Arbitration Procedures. The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic Commercial Cases will apply to any arbitration between you and us (the "JAMS Rules"). The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267.
5. Small Claims Alternative. As an alternative, you may bring your claim in your local small claims court, if that small claims court's rules permit. You may only bring claims in your own name. You agree that you may not participate in any class action or class arbitration for any claim covered by this Agreement.
6. Opt-Out. You may opt out of this arbitration agreement. To opt out, you must notify us in writing within 30 days of the date you first register to use the Services or agree to this Agreement. Otherwise, you shall be bound by arbitration under this Agreement. You must opt out using this address:
DeepInsight Co., Ltd.
3-3-27 Roppongi, Minato-ku, Tokyo, 3rd Floor Sahara Roppongi
Contact: support@deepbi.com
You must include your account name, physical and email address, and a clear statement that you wish to opt out of this arbitration agreement.
7. Miscellaneous.
This is the complete agreement between you and the Company regarding the matters described herein and governs your use of the Services, superseding any prior agreements between you and the Company.
The Company's failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or use of the Services must be filed within six (6) months after such claim or cause of action arose or be forever barred.
We implement security measures designed to protect your data, including:
We comply with SOC 2 Type II compliance standards and will provide compliance reports to enterprise customers upon request and execution of appropriate confidentiality agreements.
If you operate in a regulated industry (healthcare, financial, etc.), you are responsible for ensuring that our Services meet your specific compliance requirements. We will reasonably cooperate with compliance assessments upon your request.
In the event of a data breach affecting your personal information, we will:
Users should report suspected security incidents to:
We maintain 24/7 security incident response capabilities for critical issues.
You may contact us regarding this Agreement or the Services at:
DeepInsight Co., Ltd.
3-3-27 Roppongi, Minato-ku, Tokyo, 3rd Floor Sahara Roppongi
Contact: support@deepbi.com
This document contains the complete Terms and Conditions. For the full text of all sections, please contact us.
