Terms of Service
Last Updated: May 7, 2021
The Manage My Business application (“Product”) is licensed and not sold. This Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. DeepSeed AI, LLC or its subsidiaries, affiliates, and suppliers (collectively “DeepSeed AI”, “we” or “our”) own the intellectual property rights in this Product. Your license to install or use this Product is subject to these rights and to all the terms and conditions of these Terms of Service (“Agreement”).
This Agreement entitles you to install and use this Product only on devices you own and control. You are solely responsible for obtaining all equipment and services (e.g., Internet connectivity) necessary to access and use this Product.
You will pay us a monthly or annual fee for your use of this Product. Fees will be automatically collected through the payment method you select during setup for this Product.
You are responsible for payment of all sales, use, excise, or similar taxes (excluding taxes based on our income) imposed by federal, state, or local tax authority. You must notify us of any billing errors within 60 days from when an error occurs, after which time period you release us from all liability for losses resulting from these errors.
This Agreement commences when you accept or otherwise download, install, copy, or use the Product; and will continue until terminated (this period of time is the Agreement’s “Term”).
Suspension & Termination
We may promptly suspend or terminate your use of this Product if (1) you violate this Agreement’s terms; (2) we believe your use of the Product may damage its reputation or intellectual property rights; (3) we suspend or terminate our agreement(s) with any third party involved in providing the Product; (4) you exceed normal and reasonable usage of the Product; (5) you experience a bankruptcy or insolvency event; or (6) you are using the Product for any fraudulent, illegal, or unauthorized purpose, or engage in willful misconduct with respect to use of the Product.
You may terminate this Agreement at any time and for any reason (without cause) by cancelling your subscription. Your termination will be effective at the end of the then current billing period in which you give notice. You will not receive a refund for the billing period in which you terminate this Agreement. (Terms may vary for a license purchased through a third-party.)
Neither party will disclose non-public information about the other’s business; including, without limitation, the terms of this Agreement, technical specifications (whether related to the Product or otherwise), customer lists, or information relating to a party’s operational, strategic, or financial matters (together, “Confidential Information”). Confidential Information does not include information that (1) is or subsequently becomes publicly available (through no fault of the recipient); (2) the recipient lawfully possesses before its disclosure; (3) is independently developed without reliance on the discloser’s Confidential Information; or (4) is received from a third party that is not obligated to keep it confidential. Each of us will implement and maintain reasonable safeguards to protect the other’s Confidential Information.
Neither of us may disclose the other’s Confidential Information except (1) to our respective directors, officers, employees, or representatives that need to know it in order to perform their obligations under this Agreement; (2) in response to a subpoena or court order; or (3) as required by applicable law, rule, or regulation.
You authorize us to communicate with you electronically or otherwise using the contact information you provide to us (e.g., without limitation, via your account, the Internet, email, text, or live agent to your mobile or other phone, even if these numbers appear on a Do Not Call or other non-solicitation registry). You are responsible for any fees charged by you communications provider for phone, text, or email communications that we send to you.
We may modify this Agreement from time-to-time and will provide you with notice when these modifications occur (notification may be through the Product, email, a website, changes to the date shown at the top of this Agreement, or other electronic means). Your continued use of the Product indicates your acceptance of any modifications to this Agreement. You must stop using and uninstall the Product if you do not agree to any modifications that are made to this Agreement.
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Product. You may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Product. You may not modify the Product or create any derivative work of the Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Product.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY DEEPSEED AI, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT.
We make no warranty that the Product will meet your requirements or operate under your specific conditions of use. We make no warranty that operation of the Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE PRODUCT TO MEET YOUR REQUIREMENTS. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR MOBILE DEVICE.
UNDER NO CIRCUMSTANCES SHALL DEEPSEED AI, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF DEEPSEED AI OR ANY OTHER PARTY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS OUR ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Your sole remedy for a breach of this Agreement or of any warranty included in this Agreement is to terminate the usage of the Product.
All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, improper installation, or damage determined by us to have been caused by you. All limited warranties on the Product are granted only to you and are non-transferable. You agree to indemnify and hold us harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Florida, without regard to Florida’s conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.