Terms and Conditions of Deep-Image.AI Service

§1. Terms and conditions

These terms and conditions ("Terms", "Agreement") are a set of binding rules between

Deep-Image.AI Sp. z o.o. ("Application Developer", "us", "we" or "our") and you ("User",

"you" or "your"), which sets forth the general terms and conditions of your use of the

Deep-Image Application and any of its products or services (collectively, "Application" or

"Services", “Deep-Image.AI”). Accepting Terms is mandatory as a condition to use

Deep-Image Application.

§2. Accounts and membership

If you create an account (or use your email address) in the Deep-Image.AI application

(“Application”), you are responsible for maintaining the security of your account and you are

fully responsible for all activities that occur under the account and any other actions taken in

connection with it. We may, but have no obligation to, monitor and review new accounts

(email addresses) before you may sign in and use our Services. Providing false contact

information of any kind may result in the termination of your account (email address). You

must immediately notify us of any unauthorized uses of your account or any other breaches

of security. We will not be liable for any acts or omissions by you, including any damages of

any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete

your account (email address) if we determine that you have violated any provision of this

Terms and conditions or that your conduct or content would tend to damage our reputation

or goodwill. If we delete your account for the foregoing reasons, you may not re-register for

our Services. We may block your email address and Internet protocol address to prevent

further registration.By creating a company account (with corporate email address indicating

user’s company details) (does not apply to sole proprietorships) you grant us the right to

publicly inform (for marketing purposes) of the fact that your company has used the

Application.

§3. Backups

We are not responsible for Content residing in the Deep-Image.AI Application. In no event

shall we be held liable for any loss of any Content. It is your sole responsibility to maintain

appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and

in certain circumstances, with absolutely no obligation, we may be able to restore some or

all of your data that has been deleted as of a certain date and time when we may have

backed up data for our own purposes. We make no guarantee that the data you need will be

available.

§4. Links to other applications

Although this Application may link to other applications, we are not, directly or indirectly,

implying any approval, association, sponsorship, endorsement, or affiliation with any linked

application, unless specifically stated herein. Some of the links in the Application may be

"affiliate links". This means if you click on the link and upload an item, Application Developer

will receive an affiliate commission. We are not responsible for examining or evaluating, and

we do not warrant the offerings of, any businesses or individuals or the content of their

applications. We do not assume any responsibility or liability for the actions, products,

services, and content of any other third-parties. You should carefully review the legal

statements and other conditions of use of any application. Your linking to any other off-site

applications is at your own risk.

§5. Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the

Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or

participate in any unlawful acts; (c) to violate any regulations, rules, laws, or local

ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual

property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage,

intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age,

national origin, or disability; (f) to submit false or misleading information; (g) to upload or

transmit viruses or any other type of malicious code that will or may be used in any way that

will affect the functionality or operation of the Service or of any related application; (h) to

collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider,

crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or

circumvent the security features of the Service or any related application. We reserve the

right to terminate your use of the Service or any related application for violating any of the

prohibited uses.

§6. Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Deep-Image.AI

Sp. z o.o. or third-parties, and all rights, titles, and interests in and to such property will

remain (as between the parties) solely with Application Developer. All trademarks, service

marks, graphics and logos used in connection with our Application or Services, are

trademarks or registered trademarks of Application Developer or Application Developer

licensors. Other trademarks, service marks, graphics and logos used in connection with our

Application or Services may be the trademarks of other third-parties. Your use of our

Application and Services grants you no right or license to reproduce or otherwise use any

Application Developer or third-party trademarks.

User ensures that he is entitled to use the images sent to the Application and that its

modification by the Application Developer does not violate anyone's copyrights. The user

assumes all liability for any eventual infringement of third party copyrights that arose

through the use of the application.

§7. Limitation of liability

To the fullest extent permitted by applicable law, in no event will Application Developer, its

affiliates, officers, directors, employees, agents, suppliers or licensors be liable to User for

(a): any indirect, incidental, special, punitive, cover or consequential damages (including,

without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact

on business, business interruption, loss of anticipated savings, loss of business opportunity)

however caused, under any theory of liability, including, without limitation, contract, tort,

warranty, breach of statutory duty, negligence or otherwise, even if Application Developer

has been advised as to the possibility of such damages or could have foreseen such

damages.

§8. Indemnification

You agree to indemnify and hold Application Developer and its affiliates, directors, officers,

employees, and agents harmless from and against any liabilities, losses, damages or costs,

including reasonable attorneys' fees, incurred in connection with or arising from any

third-party allegations, claims, actions, disputes, or demands asserted against any of them as

a result of or relating to your Content, your use of the Application or Services or any willful

misconduct on your part.

§9. Severability

All rights and restrictions contained in this Agreement may be exercised and shall be

applicable and binding only to the extent that they do not violate any applicable laws and

are intended to be limited to the extent necessary so that they will not render this

Agreement illegal, invalid or unenforceable. If any provision or part of any provision of this

Agreement shall be held to be illegal, invalid or unenforceable by a court of competent

jurisdiction, it is the intention of the parties that the remaining provisions or portions

thereof shall constitute their agreement with respect to the subject matter hereof, and all

such remaining provisions or portions thereof shall remain in full force and effect.

§10. Dispute resolution

These Terms and Conditions shall be governed by and interpreted in accordance with the

laws of Poland. Any action seeking legal or equitable relief arising out of or relating to these

Terms and Conditions will be resolved by the competent court in Szczecin, Poland.

§11. Changes and amendments

We reserve the right to modify this Terms and conditions or its policies relating to the

Application or Services at any time, effective upon posting of an updated version of this

Agreement in the Application. When we do, we will revise the updated date at the bottom

of this page. Continued use of the Application after any such changes shall constitute your

consent to such changes.

§12. Acceptance of these terms

You acknowledge that you have read these Terms & Conditions and agree on it’s provisions.

By using the Deep-Image.AI or its Services you agree to be bound by these Terms &

Conditions. If you do not agree to abide by Terms & Conditions, you are not authorized to

use or access the Application and its Services.

§13. Payments

We offer various payment methods and pricing options. Detailed information about

payments and the price list can be found on the Application's website at:

https://deep-image.ai/plans. Regardless of the selected access option, payments for the

purchased access and subscription period are made in advance.

§14. Refunds

Payments for access to the Application and for subscription period are non-refundable. In

justified cases, if the Application will not work properly, after considering the justified

request, we will provide you with additional/lost credits or extend the subscription period

for a period corresponding to the period in which the Application did not work properly.

Contacting us

If you have any questions about this Terms & Conditions or any complaints regarding the

services please contact us – support@deep-image.ai

This document was last updated on February 24, 2021