By accessing your account and using this service, you unilaterally agree to the following terms and conditions:
Terms and Conditions of Use for “DeepRFP” – Updated on February 23, 2024
1. Introduction
1.1 Definitions
These terms and conditions (the “Terms”) govern your use of the DeepRFP suite of tools (the “Service”) provided by DEEPRFP, S.L.U. (hereinafter referred to as “DeepRFP”, “we,” “us,” or “our”). 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 “Service” (also referred as DeepRFP suite of tools, DeepRFP tools, DeepRFP application, etc.) refers to both offerings: DeepRFP for Files and DeepRFP for Pros. Terms and conditions that apply to only one of the offerings are marked as “For DeepRFP for XXXXX only” where XXXXX is the name of the specific offering (for Files or for Pros).
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 Service’s 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.
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
For all DeepRFP services: your data is never used to train any artificial intelligence models, neither our AI models nor the ones provided by our AI vendors (Microsoft Corporation and OpenAI). 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.
For DeepRFP for Files only:
The files you upload as inputs and the reports you get as outputs after running any of the use cases are stored in a cloud server managed by Amazon Web Services, Inc. (AWS) and located in the region: US East (N. Virginia). For more information on AWS data protection and privacy, see: AWS/DP&P. You can exercise your rights of access and deletion through the DeepRFP for Files web application.
The information contained in the files you upload and the results you get from the AI analysis is decontextualized, processed (prompts and completions), and retained differently depending on the use case you run:
- Compliance Matrix Generator (identification only) – t1.3 is processed in a cloud server located in Amsterdam, The Netherlands, managed by DigitalOcean, LLC. For more information on DigitalOcean’s data security approach and measures, see DigitalOcean/DS. The data processed when running this use case is never kept on the server.
- Compliance Matrix Generator (comprehensive) – t1.1, Disqualification factors analysis (comprehensive) – t2.1, Risk factors analysis (comprehensive) – t3.1, Acronyms Extractor – t4, and Custom Use Cases (unless specified otherwise at the time of the customization) are processed in cloud servers located in the US and managed by Microsoft Corporation through their MS Azure OpenAI Service. For more information on this MS Azure service’s data security approach and measures, see MSAzure/DP&S.
The data processed when running these use cases is retained by Microsoft for up to thirty (30) days to monitor for content and/or behaviors that suggest use of the service in a manner that may violate applicable product terms (abuse investigation). For more information on this see MSAzure/DRP. We’re in the process of opting out of this data retention policy and will update our users accordingly. - Compliance Matrix Generator (fast) – t1.2, Disqualification factors analysis (fast) – t2.2, Risk factors analysis (fast) – t3.2 are processed in cloud servers located in the US and managed by OpenAI, LLC. For more information on OpenAI’s data security approach and measures, see OpenAI/DS. For more information on OpenAI’s API usage policy, see OpenAI/API.
The data processed when running these use cases is retained by OpenAI for abuse and misuse monitoring purposes for a maximum of 30 days, after which it will be deleted (unless otherwise required by law). For more information on this see OpenAI/API. We’re in the process of opting out of this data retention policy and will update our users accordingly.
For DeepRFP for Pros only:
The information you save as your company context (e.g., your capability statement), each RFP/Proposal context item (e.g., industry, scope, client), and the data needed to run your customizations (e.g., Custom Writing Tools under the Custom Plan) is stored until you delete it or update it in a cloud server located in the US (Arizona) and managed by Namecheap, Inc. For more information on Namecheap’s data security approach and measures, see NC/Sec.
The information you input and the results you get in the web application forms are processed (prompts and completions) and retained differently depending on the use case you run:
- For all use cases:
Data is retained by us, DeepRFP, for up to seven (7) days for abuse investigation purposes only, after which it’s deleted unless otherwise required by law. During this period, data is stored in a cloud server located in the US (Arizona) and managed by Namecheap, Inc. For more information on Namecheap’s data security approach and measures, see NC/Sec.
- For all use cases except the ones marked as “(beta)” in the web application:
Data is processed in cloud servers located in the US and managed by Microsoft Corporation through their MS Azure OpenAI Service. For more information on this MS Azure service’s data security approach and measures, see MSAzure/DP&S.
The data processed when running these use cases is retained by Microsoft for up to thirty (30) days to monitor for content and/or behaviors that suggest use of the service in a manner that may violate applicable product terms (abuse investigation). For more information on this see MSAzure/DRP. We’re in the process of opting out of this data retention policy and will update our users accordingly.
- For all use cases marked as “(beta)” in the web application:
Data is processed in cloud servers located in the US and managed by OpenAI, LLC. For more information on OpenAI’s data security approach and measures, see OpenAI/DS. For more information on OpenAI’s API usage policy, see OpenAI/API.
The data processed when running these use cases is retained by OpenAI for abuse and misuse monitoring purposes for a maximum of 30 days, after which it will be deleted (unless otherwise required by law). For more information on this see OpenAI/API. We’re in the process of opting out of this data retention policy and will update our users accordingly.
2. Access and Use of the Service
2.1 Service Description
DeepRFP is an artificial intelligence-powered suite of tools that provides users with specific reports based on their input documents (DeepRFP for Files) and web content outputs based on their web application inputs (DeepRFP for Pros). 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 tools 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 accepted our business quote/proposal and created the associated DeepRFP account, we grant you a limited, non-exclusive, non-transferable, license to access the Service in accordance to the details agreed on the quote/proposal. 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 tools are provided “as-is” 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
For DeepRFP for Files only: Only authorized corporate entities can, after having agreed to a quote/proposal, register with DeepRFP in order to access and use the Service. Accounts are limited to one per company and by creating your account, 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.
For DeepRFP for Pros only: users can, after having confirmed their subscription, 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 you’re legally able to bind yourself to these Terms.
2.4 Account, Password and Security
You may never use another’s 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. 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 vendors—Amazon Web Services, Inc., Heroku Inc., DigitalOcean, LLC, Namecheap, Inc., 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 the intellectual property, or technology of DeepRFP or any third party.
3.2 DeepRFP will be wrong
Some of the results provided by the DeepRFP tools will be wrong. By using our tools 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, 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 that are served to all users, we will not use any of the information you upload or input to improve any of these tools or the AI models that power them.
For the DeepRFP tools that are customized and served exclusively to one user, we may use the information you upload or input 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.
4. Restrictions and Fees
4.1 Credits Limitation
For DeepRFP for Files only: depending on your particular business quote and agreement, you may be limited by the number of credits loaded in your account and the use cases available in your account. If you need clarification of what’s included in your account or want to discuss the possibility of accessing beyond this limit contact us at info@deeprfp.com
4.2 Fees and Pricing
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. DeepRFP will honor the quotes/proposals negotiated with each user—or renegotiate these B2B agreements otherwise.
5. Intellectual Property
5.1 Trademarks
The DeepRFP name and logos are trademarks and service marks of DeepRFP (collectively the “DeepRFP Trademarks”). 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.
6. Disclaimers and Liability
6.1 Disclaimer of Warranties
The Service is provided “as is” and “as available” 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 DeepRFP’s 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). 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
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 attorneys’ 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: “A 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.” 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 Service’s 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. 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.
Contact Us
If you have any questions or concerns about these Terms, please contact us at info@deeprfp.com
By using DeepRFP, you acknowledge that you have read and understood these Terms and agree to be bound by them.
Changelog
- 02/23/2024: updated the tools’ names under 1.3.2 – Business Data Privacy and Security / For DeepRFP for Files only to align them with the last version of the application, and updated the cloud providers information for each tool under the same section. Updated the OpenAI/API URLs to point to the last version of the OpenAI’s API Platform policies accross all the T&C (the conditions didn’t changed, just the version and end URLs).
