Our End User Terms of Service

These End User Terms (these “Terms”) are between Deliberately Incorporated (“Deliberately”) and you. These Terms set forth the conditions pursuant to which you may access and use the web interface (or other platform that Deliberately may designate from time to time) (the “Service”) that Deliberately makes available to the entity through which you receive access to the Service (the “Participating Entity”). You and Deliberately are each individually a “Party” and, together, the “Parties.”

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY TAKING ANY ACTION INDICATING YOUR ACCEPTANCE OF THESE TERMS, OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION OF YOUR ACCESS TO OR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS. If YOU do not agree to the Terms, then you do not have DELIBERATELY’S permission to use the SERVICE. YOUR USE OF THE SERVICE CONSTITUTES AN AGREEMENT BY YOU TO BE BOUND BY THESE TERMS.

1. Restrictions. You may not share your Service access credentials with any third party or enable any other person to access the Service. You will not, and will not attempt to: (a) use the Service to develop (or to facilitate the development of) a similar or competing product or service; (b) publish benchmarks or performance information about the Service; (c) use the Service in a manner that violates any law; (d) misuse, abuse, or circumvent any security features of, the Service; or (e) decompile or reverse engineer any software included in or used to provide the Service.

2. Term and Termination. These Terms are in effect at all times that you access or use the Service. Deliberately may immediately terminate these Terms, and terminate or suspend your access to the Service, at any time and for any reason, including if: (a) you violate any provision of these Terms; or (b) Deliberately terminates its agreement with the Participating Entity. Sections 2 through 4 and 6 through 9 will survive termination.

3. Intellectual Property. The Service may enable you to upload, submit, or make available to the Service (including via a Third-Party Platform (defined below)) prompts, data, files, materials, queries, instructions, and other external content (“Input”). As between you and Deliberately, except for the licenses expressly granted in these Terms, (a) you retain all right, title, and interest (including all intellectual property rights) in and to the Input; and (b) Deliberately retains all right, title and interest (including all intellectual property rights), in and to the Service. You hereby (a) authorize Deliberately to share without restriction your Input with the applicable Participating Entity and (b grant Deliberately a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, fully transferable, irrevocable license to use, process, transmit, store, analyze, aggregate, and otherwise exploit Input for those purposes authorized under Deliberately’s agreement with the Participating Entity. Deliberately will not disclose Input to any third party other than to the Participating Entity or as otherwise necessary to provide the Service or comply with applicable laws.

4. Feedback. If you choose to provide observations or suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you do so on a non-confidential basis and you hereby grant Deliberately an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose. Deliberately will have no obligation to provide you with attribution for any Feedback you provide.

5. Third-Party Platforms. The Service may include features that integrate with, or that may be used with, third-party platforms, services, add-ons, or products that are not provided by Deliberately (“Third-Party Platforms”). Your access to and use of Third-Party Platforms is subject to your agreement with the relevant provider and not these Terms. Deliberately does not control and has no liability for Third-Party Platforms, including their security, functionality, operation, availability, or interoperability with the Service or how the Third-Party Platforms or their providers use Input.

6. Modifications

a. Modification of the Service. Deliberately reserves the right to modify or discontinue all or part of the Service at any time, temporarily or permanently, without notice to you. Deliberately will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

b. Modification of these Terms. Deliberately reserves the right to change these Terms on a going-forward basis at any time. You agree to be bound by the most current version of these Terms each time you access or use the Service. Except as expressly permitted in this Section 7, the Terms by which you and Deliberately are bound may be amended only by a written agreement signed by authorized representatives of each of you and Deliberately. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

7. Warranties and Disclaimer. DELIBERATELY DOES NOT CONTROL, AND SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION OF, ANY PARTICIPATING ENTITY, INCLUDING A PARTICIPATING ENTITY’S USE OF ANY INPUT. DELIBERATELY IS NOT A LAW FIRM AND DOES NOT PROVIDE ATTORNEY SERVICES OR LEGAL ADVICE. WITHOUT LIMITING THE FOREGOING, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND DELIBERATELY HEREBY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. DELIBERATELY DOES NOT GUARANTEE THAT YOUR ACCESS TO THE SERVICE WILL BE UNINTERRUPTED. DELIBERATELY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA. THE DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. DELIBERATELY DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT DELIBERATELY IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE CONSEQUENCES OF YOUR DECISION TO AUTHORIZE DELIBERATELY TO SHARE YOUR INPUT WITH A PARTICIPATING ENTITY.

8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) DELIBERATELY WILL NOT BE LIABLE TO YOU UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THESE TERMS FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, OR SPECIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF DATA, AND (B) DELIBERATELY’S TOTAL LIABILITY UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THESE TERMS WILL NOT EXCEED $10 USD. THE FOREGOING LIMITATIONS APPLY WHETHER OR NOT A PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

9. Miscellaneous. These Terms constitute the entire agreement between you and Deliberately with respect to your use of the Service. In the event that any portion of these Terms is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the Parties, and the rest of these Terms will remain in full force and effect. Waiver of any breach or provision of these Terms will not be construed as a waiver of any other breach or provision. You shall not assign these Terms or any of your rights or obligations under these Terms without Deliberately’s prior written consent, and any such attempted assignment will be void and of no effect. Deliberately may assign these Terms and all of its rights and obligations hereunder without limitation. These Terms will bind the Parties’ respective heirs, successors, and permitted assigns. These Terms are governed by California law, and the federal and state courts having jurisdiction over Santa Clara County, California, have exclusive jurisdiction over all actions arising hereunder.

Contact Information

If you have any questions, comments, or concerns about our processing activities, please email us at support@deliberately.ai or write to us at: