By accessing your account and using this service, you unilaterally agree to the following terms and conditions:
Terms and Conditions of Use for âDeepRFPâ â Updated on November 1, 2024
1. Introduction
1.1 Definitions
These terms and conditions (the âTermsâ) govern your use of the DeepRFP software application (the âServiceâ) provided by DEEPRFP, S.L.U. (hereinafter referred to as âDeepRFPâ, âwe,â âus,â or âourâ). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
Unless specifically differentiated, the âServiceâ (also referred as the DeepRFP kit) refers to all tools, agents, features and software application parts. Terms and conditions that apply only to part of DeepRFP are marked as âFor DeepRFP for XXXXX onlyâ where XXXXX is the name of the specific tool, agent, or feature.
1.2 Modifications to Terms
We reserve the right, at our sole discretion, to change or modify any portion of these Terms at any time. If we do this, depending on the nature of the change, we will notify you, either through the Serviceâs user interface, in an email notification or through other reasonable means and as required by applicable law. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms.
When modifications to these Terms are made, we will notify users as follows: Major updates to the Terms, which impact the fundamental use of the Service, will be presented via an overlay that users must review and accept upon accessing their account to continue using DeepRFP. Minor updates, which do not materially impact the Serviceâs functionality or your rights, will be communicated via email. By continuing to access and use the Service following any update, you agree to the updated Terms.
1.3 Data Privacy and Security
1.3.1 Personal Data Privacy and Security
At DeepRFP we process the personal information you provide in order to inform you about our solutions, provide the Service and manage any communications related to the Service provision. You may exercise your rights of access, rectification, limitation, opposition, portability, or withdraw consent by sending an email to mydata@deeprfp.com For further details please see our Privacy Policy.
1.3.2 Business Data Privacy and Security
Your data is never used to train any artificial intelligence model, neither our AI models nor the ones provided by our AI vendors (Microsoft Corporation and OpenAI Inc.). For more information on how this is indeed the case, in contrast to when you use end-consumer applications, see Microsoft/API and OpenAI/API.
Below is a detailed list of the DeepRFPâs different parts and how they handle your data:
Web application permanent data:Â applies to DeepRFP âContextâ
The information saved in this section is safely stored in a cloud server located in New York City (US), managed by DigitalOcean, LLC. This information is only accessible by you and the DeepRFP kit administrators (upon request or technical necessity). This information will be stored until deleted by yourself or until the account is terminated. Even when manually deleted, this information will be part of our backup files for a maximum of 30 days. For more information on DigitalOceanâs data security approach and measures, see DigitalOcean/DS.
Web application temporary data:Â applies to DeepRFP âTool Runsâ and âAgents Runsâ
The information that is not part of the files described below and that is contained in these sections, is safely stored in the same cloud server as the web application permanent data described above and is only accesible by you and the DeepRFP kit administrators. This data is automatically deleted after 30 days and is not stored in backup files passed that time.
Files:Â applies to DeepRFP âFilesâ
The files you upload to DeepRFP and the output files provided by the application are safely stored in a cloud server managed by Amazon Web Services, Inc. (AWS) and located in the US East (N. Virginia) region. These files are only accessible by you and the DeepRFP kit administrators (upon request or technical necessity). These files will be stored until deleted by yourself or until the account is terminated. When manually deleted, the files are not stored in backup files and immediately deleted from the server. For more information on AWS data protection and privacy, see:Â AWS/DP&P.
Tools and Agents inputs and outputs:Â applies to DeepRFP âToolsâ and âAgentsâ
The information and files you input, and the results you get, when running the DeepRFP âToolsâ and âAgentsâ, are sent to and processed by our AI vendors, which at any point of time may be one of the following:
Microsoft Corporation through their MS Azure OpenAI Service in their US regions. For more information on this MS Azure serviceâs data security approach and measures, see MSAzure/DP&S.
OpenAI, LLC. through their API service in the US. For more information on OpenAIâs data security approach and measures, see OpenAI/DS. For more information on OpenAIâs API usage policy, see OpenAI/API.
DeepRFP may switch between the AI vendors at any time to balance the load and other technical reasons, without prior notice to you. You can not request a specific AI vendor or check which one is being used at any time.
Both, DeepRFP and our AI vendors, will retain the information you input in the DeepRFP âToolsâ and âAgentsâ, and the outputs you get, only for the exclusive purpose to monitor for abuse and misuse of the Service, never proactively reviewing it but only upon automatic flags signaling potential abuse or misuse, and for a maximum of 30 days. After this time, the information will be deleted permanently unless otherwise required by law. DeepRFP is in the process of opting out of this data retention by our AI vendors and will update our users accordingly.
2. Access and Use of the Service
2.1 Service Description
DeepRFP is an artificial intelligence-powered software kit that provides users with specific reports based on their input files (DeepRFP Agents) and web content outputs based on their web application inputs (DeepRFP Tools). Some tools are served to all users of the Service while others are, after customization, served in exclusivity to the users that ordered and paid for their development and implementation.
The results provided by the DeepRFP kit are not guaranteed. A professional shall check these results before acting on them and by using the Service you acknowledge this obligation and accept that no liability claims can be filed against DeepRFP or its owner in connection with material or non-material damages resulting from the use or non-use of these results.
As a user that created a DeepRFP account, whether under some paid plan or our free trials, we grant you a limited, non-exclusive, non-transferable, license to access the Service in accordance to the details agreed herein. Except for the foregoing limited license, no right, title or interest shall be transferred to you. DeepRFP may revoke your access at any time in its sole discretion.
2.2 Warranty
DeepRFP kit parts are provided âas-isâ and, except to the extent prohibited by law, DeepRFP expressly disclaims all warranties for the Service, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
2.3 Registration Obligation
Users can, after having confirmed their account creation, access and use the Service. When creating an account on behalf of some entity, you warrant that you are duly authorized as an agent of a legally registered entity to enter into and bind that entity to these Terms. When creating an account as an individual, you confirm youâre legally able to bind yourself to these Terms.
2.4 Account, Password and Security
You may never use another personâs account, and you may not provide another person with the username and password to access your account. You should maintain control over all of the devices that are used to access the Service. If you fail to maintain control of a device, other users may access the Service through your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. Users are responsible for maintaining the security of any devices or networks they use to access the Service. DeepRFP is not liable for unauthorized access or data breaches resulting from user-side security vulnerabilities, such as unsecured networks, shared devices, or compromised passwords. You agree to (a) immediately notify DeepRFP of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. DeepRFP will not be liable for any loss or damage arising from your failure to comply with this Section.
2.5 Modifications to Service
DeepRFP reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree DeepRFP will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account Content for any period of time beyond what may be required by applicable law. DeepRFP operates with a combination of own resources and resources managed by other technology providers. Therefore, some parts of the service are at the discretion of these third parties and DeepRFP will not be liable for any service changes, including modifications or loss in service, resulting from actions taken by these vendorsâAmazon Web Services, Inc., DigitalOcean, LLC, Microsoft Corporation, and OpenAI LLC.
3. Conditions of Use
3.1 Prohibited Uses
You may not use the Service for any illegal or unauthorized purpose, or to exfiltrate data, steal intellectual property, or technology of DeepRFP or any third party. Additionally, you agree not to:
Engage in any form of spamming, unsolicited advertising, or mass messaging within or via the Service.
Distribute or transmit malware, viruses, Trojan horses, or any other harmful software intended to disrupt or compromise the Service, user data, or third-party systems.
Attempt to disrupt, disable, or harm the functionality, security, or performance of the Service, including excessive usage that could overload or degrade the system.
Use the Service to harass, abuse, or harm other users, DeepRFP staff, or third parties.
Violation of these prohibited uses may lead to suspension or termination of your account and access to the Service, at DeepRFPâs sole discretion.
3.2 DeepRFP will be wrong
Some of the results provided by the DeepRFP software kit will be wrong. By using our tools and agents you acknowledge this fact and accept the obligation to check the results before making any decision or taking any action with them.
By accessing and using the DeepRFP Service, including any of its tools and agents, you accept that no liability claims can be filed against DeepRFP or its owner in connection with material or non-material damages resulting from the use or non-use of these results.
3.3 Use of your Business Information to Improve the Service
For the DeepRFP tools and agents that are served to all users, we will not use any of the information you upload, input, or generate to improve any of the AI models that power the kit.
For the DeepRFP tools and agents that are customized ad-hoc and served exclusively to one user, we may use the information you upload, input, or generate to improve these tools only after agreeing on the specifics with you.
See clause 1.3 for further details on your business data privacy and security.
3.4 User Obligations
As a user of DeepRFP, you agree to:
Compliance with Laws: Use the Service in full compliance with all applicable local, national, and international laws and regulations, including but not limited to data privacy, intellectual property, and export laws.
Respect for Third-Party Rights: Avoid actions that infringe on the intellectual property, privacy, or other rights of third parties, including but not limited to unauthorized distribution or reproduction of third-party content.
Proper Use of the Service: Use the Service solely for its intended purpose. You will not attempt to bypass, modify, or manipulate any security features or engage in activities that could disrupt the Service, such as excessive or unauthorized access, data scraping, or using the Service to distribute malware or illegal content.
Failure to meet these obligations may result in suspension or termination of your account and access to the Service.
3.5 Compliance with Export Controls and Sanctions
You agree to use DeepRFPâs Service in compliance with all applicable export control and sanctions laws, including those administered by the European Union, as well as relevant regulations from other jurisdictions such as the U.S. Department of Commerce and the U.S. Department of Treasury Office of Foreign Assets Control (OFAC), where applicable. You represent that you are not located in, under the control of, or a national or resident of any country or region subject to EU or other international sanctions or designated as a prohibited or restricted party. DeepRFP reserves the right to limit access to the Service in restricted regions or to users who may be subject to such restrictions to ensure compliance with these laws.
4. Restrictions and Fees
4.1 Fees and Pricing
Access to the DeepRFP kit is provided for free only during the limited trial periods. After these, any continued use happens under paid subscriptions which specific details are clearly stated in the activation process every user goes through and subject to change depending on plans structure and limited promotions.
All subscriptions to the Service, whether monthly or yearly, are non-refundable. Users may cancel their subscription at any time, and cancellation will prevent any future charges but does not entitle the user to a refund of any fees already paid. Access to the Service will continue until the end of the current billing period following cancellation.
DeepRFP, at its sole discretion, reserves the right to set, modify or otherwise establish one-time or recurring fees for access to the Service, in whole or in part. Current or past use of the Service does not entitle you to exception or reduction in any future fees.
5. Intellectual Property
5.1 Trademarks
The DeepRFP name and logos are trademarks and service marks of DeepRFP (collectively the âDeepRFP Trademarksâ). Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the DeepRFP Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of DeepRFP Trademarks will inure to our exclusive benefit. You agree that you will not purchase search engine or other pay per click keywords (such as Google Ads or Microsoft Bing), or domain names that use DeepRFP or DeepRFP trademarks and/or variations and misspellings thereof.
5.2 Feedback and Suggestions
By submitting any feedback, suggestions, ideas, or recommendations regarding the Service (collectively, âFeedbackâ), you grant DeepRFP a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into its products and services without any obligation to compensate you. This license applies whether the Feedback is provided through the Service, email, or other communication channels. DeepRFP shall own all rights in and to the Feedback, and no intellectual property claims may be made based on your submission of Feedback.
6. Disclaimers and Liability
6.1 Disclaimer of Warranties
The Service is provided âas isâ and âas availableâ without any representations or warranties of any kind, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Service will be uninterrupted or error-free, and we will not be liable for any interruptions or errors.
6.2 Limitation of Liability
You expressly understand and agree that DeepRFP will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if DeepRFP has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (I) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
In no event will DeepRFPâs total liability to you for all damages, losses or causes of action exceed the amount you have paid DeepRFP to access the Service in the last year, or, if greater, one dollar ($1). DeepRFP provides the Service on an âas-isâ basis, and all results or outputs generated by the Service should be considered informational only, not as a substitute for professional advice. Users are responsible for verifying all outputs before acting on them. DeepRFP disclaims liability for any indirect, incidental, or special damages, including but not limited to loss of business, revenue, or reputational harm, resulting from reliance on the Service. Use of the Service is entirely at the userâs own risk, and no guarantees or warranties are made regarding the accuracy, completeness, or reliability of any outputs. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.
6.3 Indemnity Users agree to indemnify and hold harmless DeepRFP from any claims, damages, liabilities, or expenses, including reasonable attorneyâs fees, arising from their use or misuse of the Service, including any unauthorized use, breach of these Terms, or third-party claims related to intellectual property infringement due to user inputs or actions.
To the fullest extent permitted by law, you agree to release, indemnify and hold DeepRFP and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneysâ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any Content, your connection to the Service, your violation of these Terms or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: âA general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.â If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
6.4 Technical Content and Output
DeepRFP does not provide specific direction or assessment on any technical, professional or licensed field. You acknowledge and agree that the Service is not intended to be, and will not be used as, a substitute for consultation and assessment by a licensed, experienced professional. You agree to consult system authorities and primary sources before initiating any practices or changes. You also acknowledge and agree to accept the inherent risks and dangers in participating in new procedures and practices. You agree that DeepRFP will not be liable for any loss, or damages arising from your access or practice of the Serviceâs content.
6.5 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Valencian Community, Spain, without giving effect to any principles of conflicts of law.
6.6 Binding Arbitration; Class Action Waiver
You and DeepRFP agree to resolve any claims relating to these Terms or the Services through final and binding arbitration. You have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by emailing info@deeprfp.com within 30 days of agreeing to these arbitration terms or the relevant changes. You and DeepRFP agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
You agree that all disputes, claims, or controversies arising out of or relating to these Terms or the Services shall be resolved solely on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative action. By using the Service, you waive any right to participate in a class action, collective action, or other representative proceeding against DeepRFP. This class action waiver is an essential element of these Terms, and if deemed unenforceable, the entire arbitration provision shall be null and void.
Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.
6.7 Force Majeure
DeepRFP shall not be liable for any failure to perform or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, pandemics, governmental regulations, labor disputes, power failures, internet service interruptions, or outages from third-party providers. In such cases, DeepRFP will make reasonable efforts to resume Service as promptly as possible.
6.8 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, it shall be severed from these Terms. The remaining provisions will remain in full force and effect.
6.9 Third-Party Beneficiaries
These Terms are solely between you and DeepRFP. No third-party vendors, service providers, or other entities are intended to be, or shall be construed as, beneficiaries of these Terms, and they hold no rights or obligations under them. This limitation applies to all third-party vendors and partners associated with DeepRFPâs Service, including but not limited to cloud and AI service providers.
6.10 Entire Agreement
These Terms constitute the entire agreement between you and DeepRFP regarding your use of the Service and supersede any prior or contemporaneous understandings, agreements, representations, or communications, whether written or oral. No other terms or conditions, whether expressed or implied, shall form part of this agreement unless expressly agreed to in writing by DeepRFP.
6.11 Survival
The provisions of these Terms that by their nature should survive termination will remain in effect, including, but not limited to, clauses related to indemnity (Section 6.3), limitation of liability (Section 6.2), disclaimers (Section 6.1), intellectual property rights (Section 5), and governing law (Section 6.5). These provisions will continue to apply even after your access to the Service has been terminated.
6.12 No Waiver
Failure by DeepRFP to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of rights or provisions in these Terms will only be effective if in writing and signed by an authorized representative of DeepRFP. The ability to enforce any part of these Terms remains intact despite any prior failure to enforce it.
Contact Us
If you have any questions or concerns about these Terms and Conditions, please contact us at info@deeprfp.com
By using DeepRFP, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.
DeepRFP, S.L.U. / ESB44564276 / Ronda CircunvalaciĂłn, 188, 12003, CastellĂłn de la Plana, Spain
Changelog
2024-10-29: First version
