Effective Jul 18, 2022
Terms of Service
Deque, Inc. and its subsidiaries or affiliates ("we, "our" or "us"). By accessing the website at deque.app or deque.ai or dequetools.com (the "Services" or the "Platform") or downloading the Deque App, you are agreeing to be bound by these Terms of Service (the "Agreement") This Agreement constitutes a contract between you and us that governs your access and use of the Services or the Platform. What does that mean? It means that by accessing and/or using our Services, or by clicking a button or checking a box marked "I Agree" (or something similar), you agree to all the terms and conditions of this Agreement and to comply with all applicable laws, rules and regulations in connection with your use of the Platform and Services. If you do not agree, do not access and/or use the Platform or Services.
2. Subscriber Content
a. All right, title, and interest in and to the Subscriber Content, including all modifications, improvements, adaptations, enhancements, or translations made thereto, and all proprietary rights therein, will be and remain Subscriber's sole and exclusive property, other than rights granted to us to enable (i) Subscriber to process its data on the Platform, and (ii) us to aggregate and anonymize Subscriber Content solely to improve Subscriber's user experience.
b. Subscriber Content means any data, media, and other materials that Subscriber and its Authorized Users submit to the Platform pursuant to this Agreement, including, without limitation, all Models and Projects, and any and all reproductions, visualizations, analyses, automations, scales, and other reports output by the Platform based on such Models and Projects.
3. Use License
All right, title, and interest in and to the Services, the Platform, the Usage Data and the Aggregate Data, including all modifications, improvements, adaptations, enhancements, or translations made thereto, and all proprietary rights therein, will be and remain the sole and exclusive property of us and our licensors. Whether you are accessing the Services for personal, non-commercial transitory viewing only, for academic use, or for commercial purposes (our subscription package for businesses), permission is granted to temporarily download one copy of the information or software (the "Materials") from our website. This is the grant of a license, not a transfer of title, and under this license, you may not:
a. Modify or copy the Materials;
b. Use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
c. Attempt to decompile or reverse engineer any software contained in the Materials;
d. Remove any copyright or other proprietary notations from the Materials; or
e. Transfer the Materials to another person or "mirror" the Materials on any other server.This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
f. Utilize our personal license for individuals for commercial purposes and any such use of our personal license for commercial purposes (e.g. using your corporate email) may result in immediate termination of your license.
4. Aggregated Data
We monitor the performance and use of the Platform (when provided as a SaaS Package) by our customers and collect data in connection therewith (the "Usage Data"). We may combine this Usage Data with other data (including anonymized elements of the Subscriber Content), and use such combined data, or a subset thereof, in an aggregate and anonymous manner (the "Aggregate Data"). Subscriber agrees that we may collect, use, publish, and vend such Aggregate Data; provided, however, that such usage shall not, directly or indirectly, identify Subscriber, its Authorized Users, or any individual, or contain Subscriber's confidential information. When the Platform is provided as a Self-Hosted Package, Subscriber may deactivate the collection of Aggregate Data with our approval.
a. The Materials are provided on an 'as is' basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
b. We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Materials, even if we or our authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
7. Accuracy of Materials
The Materials could include technical, typographical, or photographic errors. We do not warrant that any of the Materials are accurate, complete or current. We may make changes to the Materials at any time without notice. However, we do not make any commitment to update the Materials.
We may use Subscriber's brand on our website for the sole purpose of identifying Subscriber as a customer. Any other use of Subscriber's logo or other service marks will require prior written approval of Subscriber.
We have not reviewed all of the sites linked to our website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at your own risk.
We may revise this Agreement at any time without notice. By using this website you are agreeing to be bound by the then current version of this Agreement.
11. No Refunds
By using our Platform, you agree that once you become a paid Subscriber, you are not eligible for any refunds or adjustments of any fees paid if the number of Users decreases beyond your agreed Tiers. You are free to stop using our Service at any time, but all fees are non-refundable. If you would like to become an Enterprise Customer, please contact us and your WandB representative will reach out to work with you.
12. Export and Sanctions Compliance
By using our website you agree that neither you nor any business or entity on whose behalf you are acting i) are in a location embargoed under U.S. economic sanctions, such as Cuba, Iran, North Korea, Syria, or the Crimea region of Ukraine, ii) are listed on any restricted parties list issued by any U.S. or other applicable governmental entity or international organization, including but not limited to lists published by the U.S. Office of Foreign Assets Control and the U.S. Department of Commerce ("Restricted Parties Lists"), or iii) will utilize this product to service, directly or indirectly, a sanctioned location or any entity appearing on any Restricted Parties Lists. WandB is required to comply with all applicable U.S. laws, including laws and regulations prohibiting transactions with individuals and entities subject to trade sanctions administered by the Office of Foreign Assets Control ("OFAC") and export controls enforced by the U.S. Department of Commerce. You represent that you are not a target of U.S. sanctions, included on OFAC lists of Specially Designated Nationals, or on the Sectoral Sanctions Identification List. In case the services described herein become prohibited under U.S. sanctions laws, or you, any of your employees, agents or representatives becomes a target of U.S. sanctions laws, we may terminate this Agreement immediately. In the event of such termination, WandB will be entitled to keep any payments already made without any obligation to repay any portion thereof back to you.
13. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of the State of California, USA and you irrevocably submit to the exclusive jurisdiction of the federal or state courts located in San Francisco, California, USA.