Terms of Service
Welcome, and thank you for your interest in the online services. These Terms of Service are a legally binding contract between you and DeepCleer regarding your use of the Services.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING the then-current additional terms applicable to the Services posted online here, including the Privacy Policy (collectively, “Additional Terms,” and together with these Terms of Service, the “Terms”). Please see our Privacy Policy for further information regarding our use of your personal information submitted to or via the Services. If you are not eligible, or do not agree to the Terms, then you do not have DeepCleer’s permission to use the Services. YOUR USE OF THE SERVICES, AND DEEPCLEER’S PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY DEEPCLEER AND BY YOU TO BE BOUND BY THESE TERMS.
The Services include: (a) the documentation for the Services (as may be updated from time to time) in the form generally made available by DeepCleer to its customers for use with the Services; (b) the APIs and Software provided by DeepCleer in connection with the Services; and (c) any additional services purchased by you.
You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
(a) Accounts and Registration. When you register for a user account (“Account”), you may be required to provide us with some information, such as your name, postal address, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. We may deny you the right to create an account.
(b) End Users Access and License. Any entities or individuals that access the Services under your Account or an Application are referred to in these Terms as “End Users.” You and your authorized End Users may access and use the purchased Services in accordance with these Terms during the Term. If you become aware of any unauthorized use of your Account or the password for your Account, you will notify DeepCleer as promptly as possible. If you are an entity, organization, or company, you will permit only your employees and contractors to access the Services through your Account. You are responsible for safeguarding any and all Account details and access credentials. Any breach of these Terms or any use of your Account by anyone to whom you disclose your username or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us. DeepCleer may provide downloadable tools, software development kits, sample code, APIs,or other computer software in connection with the Services or with the use of your Account (“Software”). Subject to you and your authorized End Users’ compliance with these Terms, DeepCleer grants to you and your authorized End Users a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use Software in a manner not exceeding any applicable usage limitation or term, and within the applicable territory, and only in connection with the Services. To the extent that the Software comes with an end user license agreement, terms of service or other similar agreement governing the use of such Software, you will ensure that it will strictly comply with such agreement.
(c)Suspension of Services. If you become aware that any Application (including an End User’s use of an Application) or User Data violates these Terms, including the Additional Terms, you will immediately suspend the Application, remove the User Data, and suspend access by the End User, as applicable. If you fail to do so within twenty-four hours after DeepCleer sends notice of any violation, DeepCleer may suspend or disable the Application and disable your Account until that violation is corrected. In the event that DeepCleer determines that a violation could: (a) disrupt the Services; (b) disrupt use of the Services by a third party; (c) disrupt the DeepCleer network or servers used to provide the Services; or (d) allow unauthorized third party access to the Services, then DeepCleer or its Affiliates may immediately without prior notice to you, suspend your Account or the offending Application or End User account, to the minimum extent required to prevent or resolve that violation. "Affiliate" means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party, where “Control” means control of greater than fifty percent of the voting rights or equity interests of a party or by way of contract, management agreement, voting trust, or otherwise.
(d) Service Modifications. DeepCleer may discontinue or make any changes to the Services at any time. If DeepCleer discontinues or makes any changes to the Services that would materially decrease the functionality of those Services, DeepCleer will use commercially reasonable efforts to inform you of the change with reasonable advance notice before it goes into effect, provided that you have subscribed to be informed about those changes. DeepCleer may make the change, and will not be obligated to provide notice, if the discontinuation or change is necessary to address an emergency or threat to the security or integrity of the Services, comply with or respond to litigation, address Intellectual Property Rights concerns, or comply with the law or government requests. DeepCleer may provide periodic updates to the Software or Services provided by DeepCleer from time to time (“Updates”). DeepCleer may also make new features or functionality available from time to time through the Services and add new services to the Services from time to time (by adding them at the URL set forth under that definition), the use of which may be contingent upon your agreement to additional requirements.
(e) Security and Privacy. DeepCleer’s security and privacy practices are available in the Additional Terms. You shall configure and use the Services in a way that meets your security requirements.
(a) You may, from time to time, be required to make payments to us as part of your use of the Services (“Fees”). You agree that you are solely responsible for payment of all Fees and all taxes associated with any such payments. All payments made by you shall be made free and clear of and without deduction for any tax. To the extent that you are required by applicable law to make such a deduction or withholding of tax, you shall provide us with an official tax receipt or other appropriate supporting documentation within 30 days after payment of the deduction or withholding tax and increase the amount paid to us to the extent necessary to ensure that we receive a sum equal to the amount we would have received had no such deduction or withholding been made.
(b) At the time you create an Account or otherwise sign up for Services you may be asked to provide a credit card, and thereafter may be able to link alternative means of payment to your Account (each a “Payment Method”). You agree that (subject to applicable laws and regulations): (i) you authorize us to: (1) save your chosen Payment Method's information (e.g., credit card information) on our systems or that of our payment processor; and (2) periodically bill your chosen Payment Method for Services consumed during the prior month or pursuant to an alternative payment structure we agree to; and (ii) if any payment made via your chosen Payment Method is rejected, denied, not received by us or returned unpaid for any reason: (1) we may suspend or terminate your access to the Services until your payment is properly processed; (2) charges will continue to be incurred and you are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may charge you for such amounts); and (3) we may charge late fees up to the maximum amount permissible under law. We will provide you an invoice according to the services you have requested.
(c) Your card issuer may charge you an online handling fee or processing fee in connection with your payment of Fees. We are not responsible for this fee.
(d) We may change or introduce any charges for the Services at any time after prior notice by publication within the Services. Any new or changed charges will immediately apply to your use of the Services.
(e) If you and DeepCleer agree to other payment terms or Payment Methods in writing (including email), then those alternative provisions shall apply in the event of a conflict with this Section.
(a) SLAs. DeepCleer will provide any related Services in accordance with the relevant services level agreement (“SLA”), if any, set forth in the Additional Terms.
(b) Support for Services. Except to the extent required by applicable law with respect to consumers, DeepCleer is under no obligation to provide technical support or other services unless you have purchased support services. You acknowledge and agree that technical support or other services may require you to pay additional costs and other fees.
(c) Support for Applications. You are responsible for technical support of your Applications.
(a) Compliance. You are solely responsible for your Applications and User Data and for making sure your Applications and User Data comply with these Terms (including the Additional Terms). DeepCleer reserves the right to review all Applications to ensure your compliance with these Terms. You acknowledge and agree that you are responsible for all use of the Service by End Users, End Users’ access to Applications and User Data, activities under Accounts, and for otherwise ensuring that each End User complies with these Terms.
(b) Privacy. You will protect the privacy of your End Users in accordance with all applicable laws and regulations, including by communicating a legally adequate privacy notice to End Users. You may have the ability to access, monitor, use, or disclose User Data submitted by End Users through the Services. You will obtain and maintain any required consents from End Users to allow your access, monitoring, use, and disclosure of User Data.
(c) Restrictions. You will not, and will not allow your Affiliates, employees, and contractors and any third parties under your control, management, supervision, or otherwise to: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Services (except to the extent such a restriction is expressly prohibited by applicable law, and where you are permitted by law to so reverse engineer, you will contact DeepCleer to obtain the desired information prior to such reverse engineering); (b) use the Services for the operation of nuclear facilities, air traffic control, or life support systems, where the use or failure of the Services could lead to death, personal injury, or environmental damage; (c) use the Services to benchmark the Services or in any manner that is competitive with the Services; (d) sublicense, resell, or distribute any or all of the Services separate from any integrated Application; or (e) access the Services in a manner intended to avoid incurring Fees or otherwise avoiding usage limitations. To the extent you choose a Service Region that includes the United States, you will not, and will not allow your Affiliates, employees, and contractors and any third parties under your control, management, supervision, or otherwise to: (a) process or store any User Data that is subject to the International Traffic in Arms Regulations maintained by the United States Department of State; or (b) process or store any User Data that is subject to the Health Insurance Portability and Accountability Act of 1996 as it may be amended from time to time, or any regulations issued under it.
(a) Intellectual Property Rights. All Intellectual Property Rights in and to the Services, as between you and DeepCleer, will be owned by DeepCleer and its licensors. Except as expressly set forth in these Terms and to the extent this can be done under applicable law, DeepCleer does not grant to you any licenses or other rights, implied or otherwise, in or to DeepCleer’s Intellectual Property Rights. “Intellectual Property Rights” means all current and future worldwide rights under patent, copyright, trade secret, trademark, or moral rights laws, and other similar rights.
(b) Confidential Information. “DeepCleer Confidential Information” means information that DeepCleer (or an Affiliate) discloses to you under these Terms, and that is marked as confidential or should reasonably be considered confidential based on the nature of the information and the circumstances of its disclosure. You will not disclose the DeepCleer Confidential Information except to those of your Affiliates, employees, and contractors who need to know the DeepCleer Confidential Information for the purposes of exercising your rights and performing your obligations under these Terms, and who have agreed in writing to confidentiality obligations that are at least as protective as these Terms. You will, and will take appropriate measures to ensure that your Affiliates, employees, and contractors: (a) take at least reasonable care to protect the confidentiality of the DeepCleer Confidential Information; and (b) do not use the DeepCleer Confidential Information for any purpose other than to exercise your rights and perform your obligations under these Terms. However, you may also disclose DeepCleer Confidential Information to the extent required by applicable laws, regulations, or government orders; provided that you use commercially reasonable efforts, if legally permitted, to: (i) promptly notify DeepCleer of those disclosure requirements before disclosing the DeepCleer Confidential Information; and (ii) provide to DeepCleer any information reasonably requested to assist DeepCleer in seeking a protective order or other confidential treatment for that DeepCleer Confidential Information.
(c) Feedback. If you provide DeepCleer or its Affiliates with any suggestions, ideas, comments, or other feedback about the Services (“Feedback”), DeepCleer and its Affiliates may use and otherwise exploit that Feedback without restriction and without obligation to you; provided, however, DeepCleer will not publicly disclose Feedback in a way that is identifiable to you
(d) User Data.
· (i) “User Data” means any data, information, media or other content submitted by you or your End Users to the Services, but excluding any data provided to DeepCleer or its Affiliates as part of your general Account.
· (ii) DeepCleer will access and process User Data only in connection with the provision of the Services and otherwise in accordance with these Terms and as described in our Privacy Policy. You hereby grant to DeepCleer a non-exclusive, sublicensable license to access, copy, and use User Data to provide the Services, and otherwise use in accordance with these Terms.
· (iii) You acknowledge and agree that DeepCleer may disclose User Data to third parties with or without notice to you: (i) to comply with applicable law or protect DeepCleer’s rights; or (ii) to comply with court orders, a lawful government or law enforcement request, or other legal process. DeepCleer may also block or remove User Data as required by applicable law, in which case DeepCleer will make reasonable commercial efforts to promptly notify you if legally permissible.
· (iv) You are solely responsible for maintaining and backing up User Data. You represent and warrant that: (i) you have all rights required to provide User Data to DeepCleer, for DeepCleer to use the User Data as provided for in these Terms and for you to use in connection with your use of the Services; and (ii) User Data, and your use of User Data through the Services does not violate any laws or rights of any person. You retain all Intellectual Property Rights in User Data.
(a) Term. These Terms will commence when you accept these Terms or first download, install, access, or use the Services and continue until terminated as set forth below (“Term”).
(b) Termination by DeepCleer. To the extent permitted under applicable law, DeepCleer may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Services or any aspect of the Services, immediately upon written notice to you if.
· (i) you violate any provision of these Terms
· (ii) you have not paid any Fees or other amounts owed by you to DeepCleer within 30 days after the applicable due date
· (iii) DeepCleer reasonably believes that you have violated any applicable laws, or engaged in any fraudulent or deceptive activity, in connection with your use of the Services
· (iv) you enter into liquidation, administrative receivership, bankruptcy or make any voluntary agreement with your creditors or are unable to pay your debts as they fall due; or
· (v) DeepCleer, at its sole discretion, terminates its provision of or access to the Services (1) in your jurisdiction or industry sector or field of business, or (2) for all of its users or customers
(c) Termination by you. You may terminate your account and these Terms at any time by following the instructions provided within the Services. Except as set forth in the EEA Consumer terms, if you terminate your account and these Terms, you are not entitled to a refund of any fees paid to DeepCleer.
(d) No Liability for Termination.Except as expressly required by law, if either party terminates these Terms in accordance with any of the provisions of these Terms, neither party will be liable to the other because of the termination, for expenditures or commitments made in connection with these Terms or damages caused by the loss of prospective profits or anticipated sales. Termination will not, however, relieve either party of obligations incurred prior to the effective date of the termination.
(e) Effect of Suspension. If DeepCleer suspends your access to any or all of the Services: (a) you remain responsible for all Fees accrued through the date of suspension (including where the charges were incurred before suspension date but performance of the relevant obligations were after the suspension date); (b) you remain responsible for any applicable charges for any part of the Services to which you have access; and (c) you will not be entitled to any service credits under any applicable Service Level Agreement for any period of suspension.
(f) Effects of Termination.
· (i) Upon termination of these Terms: (i) you will pay DeepCleer any Fees or other amounts owed under these Terms within 30 days of termination, (ii) you will delete the Software and remove from the Services any Application and User Data; and (iii) upon DeepCleer’s request, you will use commercially reasonable efforts to return or destroy all DeepCleer Confidential Information. DeepCleer has no obligation to make accessible to you any User Data after the termination of these Terms.
· (ii) In addition, the following provisions will survive any termination of these Terms: Sections 1, 4, 6, 7, 8(d), 8(e) , 8(f) , 9(a), 9(b), 10, and 11.
(a) Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND NEITHER DeepCleer NOR ANY OF ITS LICENSORS OR AFFILLIATES, PROVIDERS OR DISTRIBUTORS, MAKE, AND DeepCleer HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ITS LICENSORS, ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING ANY OTHER SOFTWARE OR SERVICES, OR ANY MEDIA OR OTHER CONTENT SUBMITTED, UPLOADED, STORED, TRANSMITTED OR DISPLAYED BY OR THROUGH THE SERVICES, INCLUDING ANY REPRESENTATION, WARRANTY OR UNDERTAKING:
· (i) THAT THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR FREE FROM VIRUSES OR HARMFUL COMPONENTS;
· (ii) THAT USER DATA WILL NOT BE SUBJECT TO LOSS OR DAMAGE;
· (iii) THAT THE SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR OR YOUR END USERS’ NETWORKS, SYSTEMS, APPLICATIONS, HARDWARE, OR DEVICES; OR
· (iv) THAT THE SERVICES WILL BE OF MERCHANTABLE QUALITY OR FIT FOR ANY PARTICULAR PURPOSE. THE SERVICES not ARE designed or intended FOR HIGH RISK ACTIVITIES.
(b) Sole and Exclusive Remedy. The parties acknowledge and agree that, regardless of anything to the contrary in these Terms, your sole and exclusive remedy for a breach of an SLA is the receipt of any applicable service credits as set forth and pursuant to the applicable SLA.
(a) Cap on Liability. EXCEPT WITH RESPECT TO FEES PAYABLE BY YOU, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF DeepCleer AND ITS AFFILIATES, ON THE ONE HAND, AND YOU ON THE OTHER, FOR ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SERVICES, AND THE SOFTWARE WILL BE LIMITED TO THE TOTAL FEES THAT YOU HAVE PAID TO DeepCleer UNDER THESE TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE THAT EVENT GIVING RISE TO THE LIABILITY FIRST OCCURRED.
(b) Disclaimer of Damages. EXCEPT WITH RESPECT TO FEES PAYABLE BY YOU,TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW NEITHER DeepCleer, NOR ITS AFFILIATES OR THEIR LICENSORS WILL BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, FOR: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES; OR (B) LOST PROFIT, REVENUE, CUSTOMERS OR OPPORTUNITIES;IN EACH CASE, RELATING TO THE SERVICES.
(c) Disclaimer of Certain Liabilities. If the Services are interrupted for any of the reasons set forth below, DeepCleer will promptly cooperate with the entities involved to resolve the applicable interruption, and to the extent permitted under applicable laws, DeepCleer disclaims liability for any loss to the extent caused by the following:
· (i) causes attributable to infrastructure operators, including but not limited to technical adjustments made by telecommunications operators, damage to telecommunications/power lines, installation, modification or maintenance of telecommunications networks/power resources by telecommunications/power operators.
· (ii) your use of the Services in a manner not authorized by DeepCleer; improper operation by you or failures in your computer software, systems, hardware, or telecommunications lines.
· (iii) any other circumstances not attributable to the fault of, outside the control of, or not reasonably foreseeable by, DeepCleer.
(d) DeepCleer Indemnification..
· (i) DeepCleer will defend or, at its option, settle any third party claim, suit or proceeding (“Claim”) brought against you alleging that the use of the Services by you or your End Users in accordance with these Terms infringes a third party patent or copyright. DeepCleer will have sole control of the defense or settlement negotiations, and DeepCleer agrees to pay, subject to the limitations set forth in these Terms, any final judgment entered against you and any amounts agreed to in settlement by DeepCleer as a result of such infringement in any Claim defended by DeepCleer; provided that you provide DeepCleer with: (i) prompt written notice of the Claim; (ii) sole control over the defense and settlement of the Claim; and (iii) all reasonably requested information and assistance, at DeepCleer’s expense, to settle or defend the Claim
· (ii) In the event that any Claim is brought or, in DeepCleer’s opinion, likely to be brought, DeepCleer may, at its sole option and expense: (i) procure for you the right to continue to use the applicable Service; (ii) modify the Service, or replace the Service with non-infringing software or services that do not materially impair the functionality of the Service; or (iii) if neither of the foregoing is feasible on commercially reasonable terms, terminate these Terms and refund on a pro-rata basis any fees prepaid by you to DeepCleer for the applicable Service.
· (iii) DeepCleer will have no obligation to you under this Section 10(d) to the extent a Claim arises from: (i) your breach of these Terms; (ii) User Data; (iii) use of the Software or Services in combination with any products, services, data, software, hardware or business processes not provided by DeepCleer, if the alleged infringement is based on that combination; (iv) use of non-current or unsupported versions of the Services; (v) modifications to the Software or Services by anyone other than DeepCleer or its Affiliates; or (vi) liability arising from your or any End User’s use of the Services after DeepCleer has notified you to discontinue such use.
· (iv) THIS SECTION 10 STATES THE ENTIRE LIABILITY OF DeepCleer, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY CLAIM OF INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SERVICES.
(e) Your Indemnification. You will defend or, at your option, settle any Claims brought against DeepCleer, its Affiliates, and each of their respective licensors, employees, officers and directors, to the extent they are based upon or arise out of: (a) any allegation that any Application or User Data infringes or misappropriates the Intellectual Property Rights of any third party; (b) your, or your End Users’, use of the Services in a way that would be a violation of the these Terms, including the Additional Terms; or (c) a dispute between you and an End User; provided that DeepCleer or its Affiliates may participate in the defense and settlement negotiations using counsel of their choice, at DeepCleer’s or its Affiliates’ expense, and any settlement requiring DeepCleer or its Affiliates or their employees or agents to admit liability, pay money, or take or refrain from taking any action will require DeepCleer’s or the Affiliate’s prior written consent, not to be unreasonably withheld, conditioned, or delayed. You agree to pay any final judgment entered against DeepCleer or its Affiliates or their employees or agents, and any amounts you agree to in a settlement, as a result of those Claims. DeepCleer will provide you with: (a) prompt written notice of any Claims; and (b) any available information and assistance, at your expense, to settle or defend the Claim.
(f) Independent Allocations of Risk. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN YOU AND DeepCleer. THIS ALLOCATION IS REFLECTED IN THE FEES CHARGED BY DeepCleer TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DeepCleer. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS, AND EACH OF THESE PROVISIONS WILL APPLY EVEN IF THE LIMITED REMEDIES IN THESE TERMS HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
(a)Your Status. Neither you, nor any of your officers, directors, shareholders, agents or employees, are:
· (i) listed in any list of designated persons maintained by the United States (including, without limitation, the list of “Specially Designated Nationals” as maintained by the Office of Foreign Assets Control of the U.S. Treasury Department, the United Nations Security Council, the United Kingdom (including the Consolidated List of Financial Sanctions Targets as maintained by Her Majesty’s Treasury), the European Union and any Member State thereof (including the Consolidated List of Persons, Groups and Entities Subject to Financial Sanctions), or any other list of sanctioned persons maintained by an authority with jurisdiction over you (any person so listed being a “Restricted Person”);
· (ii) organized in, operating from or resident in a country or territory that is the target of comprehensive sanctions (as of the date of this Agreement, Iran, Cuba, North Korea, Syria and the Crimea/Sevastopol region (“Sanctioned Territories”)); or
· (iii) controlled or owned by 50 percent or more by any of the foregoing.
(b)Sanctions Event. If you become a Restricted Person or controlled or owned by 50% or more by a Restricted Person or if provision of the Services becomes otherwise restricted or prohibited as a consequence of the imposition of sanctions or by operation of export control laws or regulations (a “Sanctions Event”), DeepCleer shall not be obliged to perform any of its obligations or provide Services and shall be entitled to terminate these Terms with immediate effect.
(c)Export Compliance. In connection with the Services, you will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including U.S. or EU restrictions that prohibit or restrict the export, reexport or transfer of products, technology, services or data – directly or indirectly – to or for Sanctioned Territories, Restricted Persons, or other relevant end-users (collectively, “Export Laws”). You agree not to engage in any activities in connection with the Services that would risk placing DeepCleer in breach of any Export Laws and are solely responsible for compliance with Export Laws related to the manner in which you choose to use the Service, including: (a) your transfer and processing of User Data; (b) the provision of User Data to End Users; and (c) specifying the Service Region in which any of the foregoing occur.
(a) Independent Contractors. The relationship of the parties established by these Terms is that of independent contractors, and nothing contained in these Terms should be construed to give either party the power to (a) act as an agent or (b) direct or control the day-to-day activities of the other. Financial and other obligations associated with each party’s business are the sole responsibility of that party.
(b) Non-Assignability and Binding Effect. Neither party may assign or otherwise transfer, by operation of law or otherwise, its rights or obligations under these Terms without the prior written consent of the other party, except DeepCleer may freely assign or otherwise transfer these Terms without your consent: (a) in connection with a merger, acquisition or sale of all or substantially all of DeepCleer’s assets; or (b) to any Affiliate or as part of a corporate reorganization. Any attempted assignment or transfer in violation of the foregoing restriction will be void. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their successors and permitted assigns.
(c) Consent to Electronic Communications. By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically, whether by e-mail, through the Services Platform, or otherwise, will satisfy any legal communication requirements, including that those communications be in writing.
(d) Force Majeure. If the performance of these Terms is delayed or either party breaches these Terms due to an event of force majeure, including but not limited to natural disasters, acts of government, promulgation or change of policies, promulgation or change of laws and regulations, strikes and unrest, neither party will be liable for the breach (except for Customer’s payment obligations hereunder), provided that the affected party will notify the other party as soon as practicable. If an event of force majeure prevents the performance of these Terms for more than 30 calendar days, either party may terminate these Terms, without assuming any liability, by giving 15 days' advance written notice to the other party.
(e) Governing Law and Dispute Resolution. All claims arising out of or relating to these Terms or the Services, will be resolved by arbitration administered by the Hong Kong International Arbitration Centre in accordance with the Arbitration Rules of the Hong Kong International Arbitration Centre in force when the notice of arbitration is submitted. The seat of the arbitration will be Hong Kong and the language will be English. All proceedings will be confidential and there will be one arbitrator only.
(f) Waiver and Severability. The waiver by either party of any breach of these Terms does not waive any other breach. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms. If any part of these Terms is unenforceable, the remaining portions of these Terms will remain in full force and effect.
(g) No Third-Party Beneficiaries. These Terms are not intended to confer any benefits on any third party except to the extent that it expressly states that it does. End Users are not a third party beneficiaries to these Terms.
(h) Entire Agreement. These Terms and the Additional Terms are the final and complete expression of all agreements between you and DeepCleer regarding their subject matter and supersede all prior oral and written agreements regarding these matters. The Additional Terms referred to in these Terms are incorporated by this reference. In the event of any conflict between the terms of the main terms and conditions of these Terms and the Additional Terms, these main terms and conditions will control, followed by the Additional Terms. However, the terms and conditions of the PRC Service Region Terms, the North America Terms, the EEA Consumer Terms, or the Germany Terms will control, if applicable.
(i) Modification of these Terms. DeepCleer may amend these Terms, including the Additional Terms, from time to time by posting updated versions to the DeepCleer website. Updated versions will be effective no earlier than the date of posting. DeepCleer will use reasonable efforts to notify you of the changes, but you are responsible for periodically checking these Terms and the Additional Terms for any modifications. Your continued use of the Services constitutes your acceptance of any amended Terms. Amended Terms are not applicable retroactively.
Privacy Policy
Last Updated: 17/7/2025
DEEPCLEER TECHNOLOGY PTE. LTD. and its affiliates (“we”, “our”, “us” or “DeepCleer”) are responsible as the operator for processing personal information of our users. If you have questions relating to the processing of personal information, you can contact us through the contact details listed in this Privacy Policy (“Policy”).
We take the protection of your privacy and personal information very seriously. We collect, store, and use your personal information strictly in compliance with this Policy and with the applicable data privacy laws and regulations.
This Policy is intended to inform you about the scope and purpose for which personal information is processed in connection with the use of our services or our website www.deepcleer.com (the “Website”) (collectively, the “DeepCleer Services”) that link to this Policy or incorporates it by reference.
TABLE OF CONTENTS
A.COLLECTION AND USE OF PERSONAL INFORMATION
B.TRANSFER OF PERSONAL INFORMATION
E.RIGHTS REGARDING PERSONAL INFORMATION
K.ADDITIONAL INFORMATION FOR USERS UNDER THE JURISDICTION OF EUROPEAN ECONOMIC AREA
We will only process your personal information for the purpose of providing products or services when you use the DeepCleer Services. You will only be required to provide personal information that is absolutely essential, while you can provide other personal information on a voluntary basis. We will always indicate whether input fields are mandatory or optional. We will inform you concerning the specific details in the relevant section of this Policy.
In order to realize the basic business functions of the DeepCleer Services, we may need to collect and use your personal information. The following will explain in detail our basic business functions and the types of personal information required to achieve these functions. If you refuse to provide your personal information, you will not be able to use the related functions of the DeepCleer Services.
When you register the DeepCleer Services, we have to collect your phone number, account password, company name, business email, contact’s name, and product you are interested in. As part of the registration process, we seek your consent to use the foregoing information.
When you contact us and continue to use the DeepCleer Services, we may ask you to provide more information, including contact address, phone number and position; your corporate information, such as the type of business and the demand for services; your App information, such as the name, content, category and characteristics of the mobile application; promotion channel information.
We use these information to send you registration confirmation; to understand and to manage accounts; to respond to your customer service requirements; to understand your business and demands to determine applicable services; to contact you for marketing and promotional purposes; and to provide you with more information about the DeepCleer Services.
You may contact us by the email address and phone number on the Website. When you contact us by email or phone, you may provide personal information, including contact name, contact phone number, contact email, company name, position, and products you are interested in.
We use this information to respond to your questions and service requests; to improve the DeepCleer Services; and to fulfill other purposes with your consent.
In order to ensure the security of your account and system operation, when you visit and browse the Website, we will automatically collect the details of your use of the DeepCleer Services and save it as a web log, including Internet Protocol (IP) address, browser type, Internet service provider (ISP), reference/exit page, operating system, date/time stamp, and click stream.
We use this information to assess the risk of your account; to ensure that we provide services for you; to analyze website traffic; to troubleshoot abnormal information; to detect, to prevent, and to investigate fraud, abuse or security incidents.
In order to realize our functions of the DeepCleer Services, we may need to collect and use relevant personal information of your end users. The following will list in detail our various business functions and the personal information collected to achieve these functions.
Based on advanced artificial intelligence and big data analysis technology, DeepCleer deeply integrates a full-stack risk control model that provide you with registration and login protection, equipment risk protection, anti-cheating in marketing activities, anti-crawler for content, anti-cheating on channel traffic, and full-stack account security for ranking list and risk control services, order protection, false user fission identification, and payment risk prevention and control. In order to achieve the above-mentioned services, we need to:
(1)Collect the basic device information, device identification information, device network information and device application information of end users through the DeepCleer SDK integrated in your application as follows:
a.Basic equipment information, including equipment brand, equipment manufacturer, equipment model number, equipment name, equipment system type and version, equipment basic configuration, equipment basic settings, equipment environment;
b.Device identification information, including IMEI (International Mobile Equipment Identity), ICCID (Integrate Circuit Card Identity), IMSI (International Mobile Subscriber Identity), MAC address, Bluetooth MAC address, Android ID, IDFV (Identifier For Vendor), IDFA (Identity for Advertisers), OAID (Open Anonymous Device Identifier), device serial number;
c.Device network information, including network access form, wireless router identification (BSSID, SSID, MAC) and IP address, WIFI list, network operator information, network base station information, network connection status; and
d.Device application information, including SDK host application package name and version number, application list (only used to detect whether there are malicious software such as underground industry tools on the device).
In the Android system, in order to obtain some device information of the above-mentioned end users, we also need you to apply for the following permissions to the end-users through your App. If you do not apply for permission from the end-user or the end-user does not agree to the application for such permission, we will not be able to collect the corresponding device information, but it will not affect your continued use of the DeepCleer Services.
PermissionPurposeREAD_PHONE_STATEFor obtaining equipment identification information such as IMEIACCESS_COARSE_LOCATIONFor obtaining network base station informationREAD/WRITE_EXTERNAL_STORAGEFor reading and saving device information and record logsACCESS_WIFI_STATEFor obtaining the MAC address of the deviceACCESS_NETWORK_STATEFor obtaining network access mode information
(2)You may transfer the information about end-users to us through API (application programming interface) and other methods as follows:
a. Basic personal information and identity information, including name, gender, personal phone number, date of birth, nationality, ID number, and address;
b. Personal banking information, including bank card number, account number, transfer amount, bank account type, and bank card type;
c. Personal transaction information, including order number, transaction amount, product name, product quantity, payment method, account balance, shipper's address, and consignee's address;
d. Personal social contact information, including friend request information, and user online comment information;
e. Personal internet surfing records, including website browsing records, click records, favorite records, download records, subscription records and other information;
f. Personal location information, including precise geographic location; and
g. Network identification information, including account number, IP address, and nickname.
Based on advanced artificial intelligence technology, DeepCleer can accurately and efficiently identify pornographic, violent, abusive and other illegal content involved in content carriers such as text, pictures, audio, video, and web pages, and help you perform content moderation. We also help you to avoid content security risks. In order to achieve the above-mentioned services, we need:
(1) You share the following information of end-users with us through API (application programming interface) and other methods:
a. User content information, including text, pictures, audio, and video published by end-users; and
b. Network identification information, including account numbers.
(2) If you need to further efficiently identify and filter spam advertisements, malicious marketing, and other bad information that you need to identify and filter in content carriers such as text and images, you may need to use API (application programming interface) and other methods to transfer to us the following additional information about end-users:
a. Network identification information, including nicknames and IP addresses;
b. Device identification information, including device ID; and
c. User account related information, including content recipient account, topic number, user account which is tapped, live room number, user level, user role, and gender.
We will only review the specified content based on the pending review information transferred by you and feedback the review results, and we will not actively collect and use any personal information of end-users.
We may transfer your personal information (including, but not limited to your name, company, email, phone number and the enquiry information) to the following categories of recipients:
We employ our business partners to perform functions on our behalf. Examples include fulfilling the functions of DeepCleer Services. These business partners may have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Policy and as permitted by applicable data protection laws.
We may provide our professional advisers and insurers with your personal information where we believe it is necessary to exercise, establish or defend our legitimate interests, to protect your vital interests, rights or property and those of other users, or as otherwise required or permitted by applicable laws and regulations.
We may be required to disclose personal information that we are in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
We only use your personal information to provide the services you request. If we cooperated with external service providers in the provision of services, they shall also only access the data for the purpose of providing services. We use technical and organizational measures to ensure compliance with the data protection regulations and also ask for compliance on the part of our external service providers in this respect.
We will retain your and/or your end users’ information for as long as we provide services or products to you, as required or permitted by applicable laws. We will either delete or anonymize it as soon as the reason for storing it no longer applies. The data may remain stored beyond this period if this is provided for due to legal requirements to which we are subject, for example in respect of legal retention or documentation obligations. In such an event, we delete or block your personal information once the requirements cease to apply.
How long your data is kept for will also depend on how you use the DeepCleer Services (for example, if you are logged in as a registered user or you are visiting the Website as a guest) and what the information you provide to us is used for. For example, if you are a registered user, certain data will be retained for a length of time following termination or deletion of your account, in order to comply with applicable laws or in case of disputes. In other instances, the period of retention may be determined according to your activity on the Website or to comply with a specific arbitration period/resolve a dispute.
Your personal information is stored by us on specially protected servers within Singapore. Technical and organizational measures are taken to protect these servers against the loss or destruction of, access or changes to, or the dissemination of your data by unauthorized persons. Only a limited number of persons will have access to your data. These individuals are responsible for the technical, commercial, or editorial support of the servers. Despite regular controls, perfect and all-around protection against all risks is not possible however.
We will not transfer your and/or your end-users’ personal information to our affiliates and service providers in third countries without your consent.
We take great care to ensure that the processing of your personal information is explained as transparently as possible and that you are also informed about your rights. Should you require more detailed information or want to exercise the rights to which you are entitled, you can contact us at any time so that we can take care of your request.
Subject to possible restrictions under national laws, as a data subject, you have the right to access, rectification, restriction of processing, and objection to a decision based solely on automated processing with regard to your personal information. In addition, you can withdraw your consent and object to our processing of your personal information on the basis of our legitimate interests. You can also lodge a complaint with a supervisory authority. Details are as follows:
(1) You can withdraw your consent to the processing of your personal information by us at any time. As a result, we may no longer process your personal information based on this consent in the future. The withdrawal of consent has no effect on the lawfulness of processing based on consent before its withdrawal.
(2) You have the right to obtain access to your personal information that is being processed by us. In particular, you may request information on the purposes of the processing, the categories of personal information concerned, the categories of recipients to whom the personal information have been or will be disclosed, the envisaged period for which the personal information will be stored, the existence of the right to request rectification or erasure of personal information or restriction of processing of personal information or to object to such processing, the right to lodge a complaint with a supervisory authority, any available information as to the personal information’s source (where they are not collected from you), the existence of automated decision-making, including profiling and, where appropriate, meaningful information on its details. Your right to access may be limited by national laws.
(3) You have the right to obtain from us without undue delay the rectification of inaccurate personal information concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal information completed, including by means of providing a supplementary statement.
(4) You have the right to obtain from us restriction of processing to the extent that the accuracy of the data is disputed by you, the processing is unlawful, but you oppose the erasure of the personal information, and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have objected to the processing.
(5) If your personal information is processed on the basis of our legitimate interests, you have the right to object to the processing of your personal information on grounds relating to your particular situation. This also applies to profiling. If your personal information is processed by us for direct marketing purposes, you have the right to object at any time to the processing of your personal information for such marketing, which includes profiling to the extent that it is related to such direct marketing.
(6) You have the right to object to a decision based solely on automated processing, including profiling, except that the decision is necessary for entering into, or performance of, a contract between you and us, except that the decision is authorised by applicable laws which lay down suitable measures to safeguard your rights and freedoms and legitimate interests, or except that the decision is based on your explicit consent.
(7) You have the right to receive your personal information, which you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit those data to another controller (“right to data portability”).
You have the right to exercise your rights. You can access or rectify your personal information by the methods described in Section J of this Policy.
Additionally, we are doing everything possible to ensure that you can successfully exercise your rights in accordance with the laws and regulations. When you need to exercise your rights, we may ask you to authenticate to protect your personal information. If you have any questions regarding this Policy or you have a problem exercising your rights, you may send your request in writing to privacy@deepcleer.com.
We are entrusted by you to process your end-users’ personal information. If your end-users contact us and request to exercise their rights, we will inform you and assist to exercise their rights.
We reserve the right to charge you and/or your end-users a reasonable fee for the processing of any data access or correction request where requests are manifestly unfounded or excessive, in particular because of their repetitive character.
If you are of the opinion that the processing of your personal information by us is not in compliance with this Policy or the applicable data protection regulations, you have the right to make a complaint to a regulatory authority. You can also make a complaint to privacy@deepcleer.com. We will then check the matter and inform you about the outcome of the investigation.
This section explains how we use cookies and similar technologies (we refer to them collectively as “cookies”) to recognize you when you use the Website. It explains what these technologies are and why we use them, as well as your rights to control them.
Cookies are small text files stored on your device, which save specific settings and data for exchange with the Website via your device. A cookie generally contains the name of the domain from which the cookie file was sent as well as information on the age of the cookie and an alphanumeric identifier.
We use different cookies to evaluate the performance of the Website to improve your browsing experience, to personalize content and ads, to analyse our traffic and to continually improve services to you. It should be noted that the strictly necessary cookies placed on the Website are necessary for the Website to function and cannot be switched off in our systems. You can disable the storage of all other cookies and manually delete previously saved cookies via the Website settings. And you can choose to accept or refuse the use of all other cookies at any time. If you choose to reject the use of those cookies, you will still be able to use the Website while without them, but the Website may not function as you expect it to and this could lead to a poor experience on the Website for you. For more information about cookies, please review our Cookie Notice (“Notice”).
The DeepCleer Services are intended for adults to use. We do not intend to provide any of our products or services to those we consider to be an individual under the age of adults as specified by laws in your jurisdiction, unless with the involvement of a guardian. We consider it the responsibility of the guardian to supervise the child’s use of our products or services. We will not make profiling, tracking or monitoring behaviorally or making targeted advertisements on children and other data processing which may cause significant harm to children.
If it can be proved that a minor has provided us with personal information without parental or guardian consent, the parent or guardian should contact us to remove the information. You may send your request for erasure in writing to privacy@deepcleer.com.
We implement appropriate technical and organizational measures to prevent unauthorized access to the DeepCleer Services, to maintain information accuracy and to ensure the correct use of the information we hold. Upon becoming aware of an information breach, we will notify you and the regulatory authorities in accordance with the timescales and scope required by applicable laws and regulations.
Additionally, our corporate values, ethical standards, policies and practices are committed to the protections of customer information. In general, our business practices limit the use and disclosure of such information only to authorized persons, processes and transactions. However, apart from regular controls, absolute protection against all risks is not possible.
For registered users of the DeepCleer Services, some of your information can be viewed and edited through your account, which is protected by a password. We recommend that you do not divulge your password to anyone. We have instructed our personnel to never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a computer with others, you should not choose to save your log-in information (e.g., User ID and password) on that shared computer. Please sign out of your account and close your browser window when you have finished your session.
No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we use appropriate technical and organizational measures to protect the information we hold for you, we cannot guarantee the security of any information you transmit over the internet.
We may update this Policy from time to time in response to changing legal, technical or business developments.
When we update our Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make and as required by applicable laws, such as by posting an amended Policy on the DeepCleer Services.
If the updated Policy has an impact on the rights of your end-users, please update the privacy notice of the application you develop in a timely manner.
We have appointed a data protection officer to support us in relation to data privacy issues and with whom you and/or your end-users can also make contact directly. Our data protection officer is available to you and/or your end-users to deal with queries relating to our handling of personal information or to provide other information on data privacy issues. We will respond to your and/or your end-users requests within one month or two months (if the request is complex or you and/or your end-users have made a number of requests).
Data Privacy Contact
E-mail: privacy@deepcleer.com
When you are processing personal information, if you meet any of the following conditions, please comply with the Regulation (EU) 2016/679 (the General Data Protection Regulation, the "GDPR").
(1) You are established in the European Economic Area (the "EEA"), regardless of whether the processing activity is carried out in the EEA;
(2) You are not established in the EEA, but you are providing goods or services (whether paid or not) to individuals in the EEA, or monitor their behavior taking place in the EEA; or
(3) You are not established in the EEA, but the laws of EU member states are applicable in accordance with public international law.
If you and/or your end-users are established in the EEA, the legal basis for our collection and use of the above-mentioned personal information are as follows:
(1) Insofar as you and/or your end-users consent to process your personal data, for the purpose of customer service, Article 6 (1) a) of the GDPR shall act as the legal basis for data processing.
(2) Insofar as your personal data is processed, where this is necessary to fulfill the terms of a contract, for the purpose of registration and login as well as security of the DeepCleer Services, Article 6 (1) b) of the GDPR shall act as the legal basis for data processing.
(3) Insofar as your end-users’ personal data is processed, under the requirement to protect the legitimate interests of you or a third party, where such interests override your end-users’ interests or fundamental rights and freedoms regarding the protection of personal data, Article 6 (1) f) of the GDPR shall act as the legal basis for data processing.
How DeepCleer Uses Cookies
This Cookie Policy explains how DeepCleer ("DeepCleer", "we", "our" and "us") uses Cookie and similar technologies in connection with https://www.deepcleer.com/ ("Website") and all products and services that contain or refer to this Cookie Policy (collectively “Services”). Please see our Privacy Policy for details on how we process your personal data.
Cookie are small data files that are placed on your computer or mobile device when you visit a website. The content of a Cookie can be retrieved and read only by the server that created the Cookie. Cookie are unique to the browser or mobile application you are using. Cookie serve different purposes, like helping us understand how a site is being used, letting you navigate between pages efficiently, remembering your preferences and generally improving your browsing experience.
We may use both session Cookie (which expire once you close your web browser) and persistent Cookie (which stay on your computer or mobile device for six months, or until you withdraw your consent or delete them, as applicable).
We use four broad categories of Cookie;
a) Strictly necessary Cookie: For login and verification. When you use a DeepCleer ID to log in to a website, the session Cookie ensure that your visit to this site functions as smoothly as possible.
b) Personalization Cookie: For storing your preferences and settings. We use Cookie to save settings, such as the language setting and font size on your computer or mobile device, items in your shopping cart, and other browser preferences.
c) Statistical Cookie. We collect information about your use of the Services, either for a single visit (using a session cookie) or for repeated visits (using a persistent cookie). These Cookie help us understand how the Services are performing and being used.
d) Advertising Cookie. These Cookie are used by advertising companies to collect information about how you use the Services over time. We use Google Ads, which shows you ads they believe will be relevant to you within the Services and elsewhere, and to measure how the ads perform. You can find out more information about Google Ads and how it processes your data here. You can also control the use of Google Ads here. Many of the Services require Cookie to operate. If you choose not to allow Cookie related to these Services you may not be able to use those Services or certain features of the Services.
In addition to Cookie, we may use other technologies, such as Flash technology and pixel tags to collect information automatically.
Browser Web Storage
We may use browser web storage (including via HTML5), also known as locally stored objects (“LSOs”), for similar purposes as Cookie. Browser web storage enables the storage of a larger amount of data than Cookie. Your web browser may provide functionality to clear your browser web storage.
Many web browsers provide a Do Not Track function that can release Do Not Track requests to websites. Currently, major Internet standardization organizations have not established policies to specify how websites should handle these requests.
If you enable Do Not Track or other similar functions your browser may provide, DeepCleer will not change the way we collect and use your data as described in this Statement. However, we reserve the right to respond to your Do Not Track request and stop the collection of your data without prior notice to you.
Most browsers let you remove or reject Cookie. To do this, follow the instructions in your browser settings. Many browsers accept Cookie by default until you change your settings.
If you do not accept our Cookie, you may experience some inconvenience in your use of the Website. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit the Website.