Terms of Service for DeepBrainz AI and Lexopedia AI by DeepBrainz AI
Last Revised on August 26, 2024
Introduction
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Welcome to the Terms of Service for DeepBrainz AI and Lexopedia AI by DeepBrainz AI (“Lexopedia AI”). These Terms and Conditions (“Agreement”, “Terms and Conditions”) govern your use of our website(s), products, services, and applications (collectively, the “Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us.
1. Acceptance of Terms
These Terms of Use (the “Terms”) are a binding contract between you and DeepBrainz Technologies Private Limited (“DeepBrainz,” “we,” “us”, or “Company”). By accessing or using the Services in any way, you agree to be bound by these Terms. These Terms include provisions in this document, as well as those in the Privacy Policy.
2. Use of the Site and Services
Please read these Terms and Conditions carefully before using www.deepbrainz.com and www.lexopedia.co including the subdomain sites (*.deepbrainz.com and *.lexopedia.co) (“the Site”) operated by DeepBrainz AI. By accessing or using the Site, including visiting or browsing the Site or contributing content or materials to the Site, you agree to be bound by these Terms and Conditions and, if you are an employee or agent acting for a third party, to bind your employer or that third party to these Terms and Conditions.
Lexopedia AI, by DeepBrainz AI, offers a conversational search and research engine for AI, science, and technology. The Site and its original content, features, and functionality are owned by DeepBrainz and are protected by various international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3. The Services
3.1 Input and Output: As part of the Services, you can input, upload, and submit information and other materials (“Input”) into Lexopedia AI. Lexopedia AI uses artificial intelligence to generate responses (“Output”). Your Input and the generated Output are considered “Your Content” under these Terms. You may not use the Services to generate any Output in violation of any applicable intellectual property rights, contractual restrictions, or laws. By submitting any Input, you represent that you have obtained all necessary rights, licenses, consents, permissions, power, and/or authority.
3.2 Eligibility: You must be at least 13 years old to use the Services. If you are under the age of majority in your jurisdiction but at least 13 years old, your parent or guardian must accept these Terms on your behalf. Children under 13 are not permitted to use the Services.
4. User Accounts, Subscriptions, and Free Trials
4.1 Creating and Safeguarding Your Account: To use certain features, you need to create an account. Provide accurate and updated information for your account. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. Notify us immediately at [email protected] if you suspect any unauthorized use of your account.
4.2 Paid Services: If you subscribe to any paid Services, you agree to pay the applicable fees and taxes. Subscriptions will automatically renew unless canceled before the renewal date through your account settings. We reserve the right to change our subscription plans or adjust pricing. Any changes will take effect following reasonable notice to you.
4.3 No Subscription Refunds: Payments for subscriptions are nonrefundable. You will have access to the paid Services until the end of the subscription period for which you have paid.
5. Orders for Products and Services
5.1 Payment for Users in India: All fees and charges for users based in India are payable in Indian Rupees (INR). Payment can be made by credit card, debit card, or through other available means. Orders are processed once payment is received in full.
5.2 Payment for Global Users: All fees and charges for global users are payable in U.S. Dollars (USD). Payment can be made by credit card, debit card, or through other available means. Orders are processed once payment is received in full.
5.3 Promotional Codes: Lexopedia AI may offer promotional codes, subject to specific terms. These codes must be used lawfully and cannot be duplicated, sold, or transferred without permission.
6. Termination
We may suspend or terminate your access to the Site and Services for business or operational reasons without cause or notice, which may result in the forfeiture and destruction of all information associated with you. We will try to give you reasonable notice of any suspension or withdrawal.
7. Links to Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by DeepBrainz. DeepBrainz has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
8. Governing Law
For business users, this Agreement shall be governed and construed under the laws of India, without giving effect to any principles of conflicts of law, and you submit to the jurisdiction of the courts of India. If you are a consumer, nothing in this Agreement shall preclude you from access to the courts and laws of your place of usual residence.
9. Changes to This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by providing reasonable notice of any material changes. Your continued use of the Site and Services after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to any part of this Agreement, or any changes to this Agreement, do not use, access, or continue to access the Site or discontinue any use of the Site immediately.
10. Ownership and Content
10.1 Ownership of Services: DeepBrainz AI retains all rights, title, and interest in Lexopedia AI and the Site, including intellectual property rights.
10.2 Feedback: By providing Feedback, you grant DeepBrainz AI all rights to use and disclose such Feedback for any purpose without compensation to you.
10.3 Your Content: You retain ownership of Your Content but grant DeepBrainz AI a license to use, host, and display Your Content to provide the Services. You are responsible for ensuring that Your Content does not violate any laws or third-party rights.
11. Disclaimers, Limitations of Liability, and Indemnification
11.1 Disclaimers: Your access to and use of the Services are at your own risk. The Services are provided “AS IS” and “AS AVAILABLE.” DeepBrainz AI disclaims all warranties, including but not limited to, merchantability, fitness for a particular purpose, and non-infringement. DeepBrainz AI makes no warranty or representation regarding the completeness, accuracy, availability, timeliness, security, reliability, or suitability of the Services or any Output.
You acknowledge that the Services may generate Output containing incorrect, biased, or incomplete information. DeepBrainz AI shall have no responsibility or liability for the infringement of the rights of any third party in your use of any Output. You should not rely on the Services or any Output for advice of any kind, including medical, legal, investment, financial, or other professional advice. Any Output is not a substitute for advice from a qualified professional.
11.2 Limitations of Liability: To the extent not prohibited by law, you agree that in no event will DeepBrainz AI be liable for any indirect, special, exemplary, incidental, consequential, or punitive damages (including but not limited to, procurement of substitute goods or services, loss of use, data, or profits, business interruption, or any other damages or losses) arising out of or related to your use or inability to use the Services, however caused and under any theory of liability, whether under these Terms or otherwise arising in any way in connection with the Services or these Terms and whether in contract, strict liability, or tort (including negligence or otherwise) even if DeepBrainz AI has been advised of the possibility of such damage.
11.3 Indemnification: By entering into these Terms and accessing or using the Services, you agree to defend, indemnify, and hold DeepBrainz AI and its affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with:
(a) Your violation or breach of any term of these Terms or any applicable law or regulation;
(b) Your violation of any rights of any third party;
(c) Your misuse of the Services;
(d) Your Content; or
(e) Your negligence or willful misconduct.
12. Arbitration and Class Action Waiver
12.1 Informal Process: You and DeepBrainz AI agree that in the event of any dispute, either party will first contact the other party and make a good faith, sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond.
12.2 Arbitration Agreement and Class Action Waiver: After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to DeepBrainz AI’s services and/or products, including the Services, and any use or access or lack of access thereto, will be resolved by final and binding arbitration, administered by a recognized arbitration institution. You and DeepBrainz AI agree that any Claim will be settled by arbitration, using the English language. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and DeepBrainz AI are each waiving the right to trial by jury or to participate in a class action or class arbitration.
12.3 Exceptions: Notwithstanding the foregoing, you and DeepBrainz AI agree that the following types of disputes will be resolved in a court of proper jurisdiction:
(a) Claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;
(b) Claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
(c) Intellectual property claims.
12.4 Costs of Arbitration: Payment of all filing, administration, and arbitrator costs and expenses will be governed by the recognised arbitration institution rules. If the arbitrator finds that either the substance of your Claim or the relief sought in the demand is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the institution’s rules.
12.5 Opt-Out: You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to [email protected] within 30 days of your first registering to use the Services or agreeing to these Terms. If you opt-out of these arbitration provisions, DeepBrainz AI also will not be bound by them.
13. Miscellaneous
13.1 Updates to Terms: DeepBrainz AI may update these Terms from time to time. It is your responsibility to review these Terms regularly. Continued use of the Services constitutes acceptance of the updated Terms.
13.2 Contact Information: For any questions or concerns, contact DeepBrainz AI at:
Address:
DeepBrainz Technologies Private Limited (CIN: U73100KA2019PTC129732)
68, 2nd Cross, SG Nagar, Basaveshwaranagar,
Bengaluru, Bangalore, Karnataka, India.
Email: [email protected]
Additional Provisions for DeepBrainz AI and Lexopedia AI by DeepBrainz AI
- Your Content License: By using the Service and uploading Your Content, you grant us a royalty-free, transferable, sub-licensable, worldwide, and irrevocable license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify Your Content to operate, improve, promote, and provide the Services.
- Notice of Infringement – DMCA (Copyright) Policy: If you believe that any content on the Services infringes your copyright, you may notify our copyright agent with details as prescribed by the DMCA.
- Third-Party Materials: The Services may include third-party content, data, information, applications, or materials. We are not responsible for third-party services, materials, or websites.
- Apple App Store Terms: For users accessing the App via the Apple App Store, additional terms apply. You acknowledge that these Terms are solely between you and DeepBrainz AI, not Apple, and Apple has no responsibility for the App or its content.
- Beta Offerings: From time to time, we may include test or beta features in the Services. These are provided “as is” and at your sole risk.
- Disclaimers and Limitations of Liability: Your use of the Services is at your own risk. DeepBrainz AI disclaims all warranties and is not liable for any indirect, special, exemplary, incidental, or consequential damages.
- Privacy Policy: Our Privacy Policy describes how we handle the information you provide to us when you use the Services. To understand our practices, please review our Privacy Policy.
By using Lexopedia AI, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Thank you for choosing Lexopedia AI by DeepBrainz AI.
Please also refer to our Privacy Policy for more details on how we handle your data.