Effective from 12/09/2024
TERMS & CONDITIONS FOR "EARLY ACCESS PROGRAM"
THIS PAGE CONTAINS THE TERMS AND CONDITIONS OF USE OF “DEEPFILE EARLY ACCESS PROGRAM” TO BE ACCEPTED BEFORE INSTALLATION OF ANY “DEEPFILE EARLY ACCESS PROGRAM SOFTWARE”. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. YOU SHOULD UNDERSTAND THAT BY INSTALLING ANY SOFTWARE FROM DEEPFILE AND FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND DEEPFILE UG. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, ABANDON THE REGISTRATION PROCESS AND DO NOT INSTALL OR USE “DEEPFILE EARLY ACCESS PROGRAM SOFTWARE”.
1. USER CONDITIONS
1.1 Your use of the DeepFile Early Access Program Software is governed by these terms and conditions (“User Conditions”) which you should read carefully before installing DeepFile Early Access Program Software. These User Conditions represent a binding contract between DeepFile UG and you. If you do not agree with these User Conditions, please do not install or use the DeepFile Early Access Program Software.
1.2 DeepFile may update or amend these User Conditions at any time. DeepFile will communicate such changes to you via the Early Access Program Portal.
1.3 These Beta User Conditions apply to you regardless of how you have accessed the DeepFile Early Access Program Software and regardless of the territory in which you live or conduct business.
2. DEEPFILE EARLY ACCESS SOFTWARE; LIMITED WARRANTY AND LIABILITY
2.1 Although utilisable by experienced users, DeepFile Early Access Program Software is still being developed, tested and evaluated. DeepFile Software has not been released to the general public.
2.2 DEEPFILE EARLY ACCESS PROGRAM SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USE OF DEEPFILE SOFTWARE IS ENTIRELY AT YOUR OWN RISK AND MAY VOID WARRANTY ON YOUR PRODUCT. SHOULD DEEPFILE EARLY ACCESS PROGRAM SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY MAINTENANCE, SERVICING OR REPAIR. IT IS THEREFORE YOUR RESPONSIBILITY TO TAKE ADEQUATE PRECAUTION AGAINST POSSIBLE DAMAGES RESULTING FROM THE USE OF THE SOFTWARE. IF YOU ARE IN ANY DOUBT, PLEASE DO NOT INSTALL AND/OR USE DEEPFILE EARLY ACCESS PROGRAM SOFTWARE.
2.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEEPFILE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS). IN NO EVENT SHALL DEEPFILES’ LIABILITY EXCEED THE PRICE YOU PAID FOR OBTAINING THE EARLY ACCESS PROGRAM SOFTWARE, IF APPLICABLE.
2.4 WE EXPRESSLY REPRESENT THAT DEEPFILE EARLY ACCESS PROGRAM SOFTWARE IS NOT A FINAL PRODUCT AND, AS SUCH, MAY CONTAIN VARIOUS ERRORS, DEFECTS AND IT MAY BE UNSTABLE. WE DO NOT RECOMMEND INSTALLING DEEPFILE EARLY ACCESS PROGRAM SOFTWARE DURING FULL OR EVERYDAY OPERATION. FURTHERMORE, WE DO NOT RECOMMEND TO INSTALL THE EARLY ACCESS PROGRAM SOFTWARE UNLESS YOU ARE AN EXPERIENCED USER.
3. NO TECHNICAL SUPPORT
DeepFile will not provide any technical support, maintenance or any other services for any Early Access Program Software.
4. NO UPDATES
DeepFile will not provide any updates to DeepFile Early Access Program Software. If DeepFile may in its sole discretion provide you with Updates, such Updates will be deemed to form part of DeepFile Early Access Program for all purposes under these User Conditions, unless other terms of use are provided by DeepFile in connection with such Updates.
6. INTELLECTUAL PROPERTY RIGHTS
DeepFile UG owns the intellectual property rights or other rights in respect of all the elements available on the DeepFile Early Access Program Software, including all data, material and content published on it and/or the website, including text, images, graphics, logos, icons, sounds and software.The content and advertisement of third parties on the DeepFile app are protected by any and all type of intellectual property rights, including copyright and related rights.You may not use the DeepFile Early Access Program Software including Information or the Services in any way that is not expressly authorised hereunder or otherwise would infringe upon the intellectual property rights of DeepFile UG.You may not hide or remove any copyright information that appears on the Information printed through the Services.We reserve the right to enforce our intellectual property rights against any infringement under applicable laws, including by interim measures, injunctions, penalties or damages.
7. LICENCE
Subject to compliance with these Terms & Conditions and, for the paid Services, to the payment of the relevant subscription fee(s), we grant You a personal, limited, non-exclusive, non-assignable, non-sublicenseable, licence to download, display and use the DeepFile software for your own individual use, on any device(s) that you own or control for the duration of Your contract with DeepFile UG.This licence is for personal and professional use in order to enable the User to use the Software, including documents related thereto. The licence is non-transferrable (meaning it cannot be given to anyone else). This licence ends in any case without notice when you no longer have the DeepFile Early Access program Software installed on your device(s), irrespective of the price plan chosen. In case of subscription to paid services, DeepFile may also suspend or revoke the licence in case of non-payment of the relevant subscription fee(s), given that the licence is ancillary to the provision of the paid services.
8. FEEDBACK
You will give DeepFile feedback about the Early Access Program consisting of, without limitation, your suggestions, comments or any other feedback, whether it is required or provided on a voluntary basis (“Feedback”). If you provide DeepFile with any Feedback, as part of the testing and evaluation of DeepFile Early Access Program Software, you agree that: (a) DeepFile may freely use, disclose, reproduce, license, distribute and otherwise commercialise the Feedback in any DeepFile product, specification or other documentation; and (b) you will not give DeepFile any Feedback (i) that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (ii) that is subject to licence terms that seek to require any DeepFile product incorporating or derived from any Feedback, or other DeepFile intellectual property, to be licensed to or otherwise shared with any third party.
9. PRIVACY POLICY
DeepFile recognises the importance of maintaining the privacy of personal data which it collects and processes. By accepting these User Conditions you expressly agree to be bound by the DeepFile Privacy Policy.
10. CONFIDENTIALITY
10.1 DeepFile Early Access Program Software, any information relating to beta testing progress and results, the Feedback, any product-related information and any other proprietary technology or know-how provided to you in whatever form by DeepFile through the Early Access Program Portal or in connection with testing and evaluation of DeepFile Early Access Program Software is confidential (“Confidential Information”).
10.2 You will keep, and ensure that any and all persons, firms, companies or organisations associated with you keep, all Confidential Information confidential and not disclose it to any person, unless permitted under this clause. This confidentiality obligation does not apply to the disclosure of Confidential Information which: (a) is or comes into public domain, except through breach of the confidentiality obligation under this clause; (b) comes lawfully into your possession from a third party who is not bound by a confidentiality obligation relating to such Confidential Information; (c) is required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body, or any law, provided that you will promptly notify DeepFile in writing, or (d) is disclosed by you with DeepFile’s prior written consent.
10.3 UNDER NO CIRCUMSTANCES MAY ANY INFORMATION ABOUT THE TESTING PROGRESS AND/OR RESULTS BE PROVIDED TO PERSONS THAT ARE NOT INVOLVED IN THE EARLY ACCESS PROGRAM TESTING PROCESS. ANY PUBLICATION OF BETA VERSIONS TESTING RESULTS, REVIEWS OR EVALUATIONS IS ONLY PERMITTED WITH THE PRIOR WRITTEN CONSENT OF DEEPFILE.
11. LANGUAGE
The governing language of these User Conditions is English. Although DeepFile may provide one or more translations for your convenience, the English version shall prevail in the event of any conflict or discrepancy between the English and any other language version of these User Conditions.
12. GOVERNING LAW & DISPUTE RESOLUTION
These Terms & Conditions are governed by the laws of Germany. Any disputes arising out of or relating to these terms shall be subject to the exclusive jurisdiction of the courts in Germany.
13. ENTIRE AGREEMENT
These Beta User Conditions (together with the documents to which they refer) contain the whole agreement between you and DeepFile relating to the use of The DeepFile Early Access Program and supersede all previous agreements between you and DeepFile relating to it. You acknowledge that in agreeing to these User Conditions you have not relied on any representation, warranty or other assurance except those set out on the Early Access Program Portal.