Terms
Welcome to ValueFlow by deep choice UG (haftungsbeschränkt). These Terms of Service apply when you use the products and services of deep choice UG (haftungsbeschränkt) or our affiliates, including our application programming interface, software, tools, developer services, data, documentation and website (“Services”).
The Terms include our Terms of Service and any other written documents, policies or terms that we may provide. By using our Services, you agree to these Terms. Our Privacy Policy explains how we collect and use personal information.
1. Registration and Access
In order to use the Services, you must be at least 18 years of age and be able to enter into a legally binding contract with deep choice UG (haftungsbeschränkt). If you are using the Services on behalf of another person or entity, you must have the authority to accept the Terms of Use on their behalf. You must provide accurate and complete account registration information. You may not disclose your credentials or account to any third party outside of your organization, and you are responsible for all activities that occur using your credentials.
2. Usage requirements
(a) Use of the Services. You may access the Services, and we grant you a non-exclusive right to use the Services, in accordance with these Terms. You must comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights to the Services.
(b) Feedback. We value feedback, comments, ideas, suggestions and ideas for improvement. If you provide such information, we may use it without restriction or compensation to you.
(c) Restrictions. You may not (i) use the Services in a manner that infringes, misappropriates or violates the rights of any person; (ii) reverse engineer, compile, decompile, translate or otherwise attempt to discover the source code or underlying components of any models, algorithms or systems of the Services (unless such restrictions violate applicable law); (iii) use the Services to develop base models or other large-scale models that compete with ValueFlow and deep choice UG (haftungsbeschränkt); (iv) use methods to extract data from the Services, including web scraping, web harvesting or web data extraction methods, except as permitted by the API; (v) claim that the output of the Services is human-generated when it is not; or (vii) buy, sell or transfer API Keys without our prior consent. You must comply with any rate limits and other requirements in our documentation. You may only use the Services in territories currently supported by ValueFlow and deep choice UG (haftungsbeschränkt).
(d) Third Party Services. Any third party software, services or other products used by you in connection with the Services are subject to their own terms and conditions, and we are not responsible for any third party products.
3. Content
(a) Your Content. You may provide input to the Service (“Input”) and receive output based on the Input that is generated and returned by the Service (“Output”). Input and Output are collectively referred to as “Content.” To the extent permitted by law, all Input belongs to you, and deep choice UG (haftungsbeschränkt) hereby assigns to you all of its right, title and interest in and to the Output, subject to your compliance with these Terms. deep choice UG (haftungsbeschränkt) may use the Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for the Content, including ensuring that it does not violate applicable law or these Terms.
(b) Your Files and Data. You may upload your files and data, subject to size and file type parameters, to our servers. Information relevant to your requests will be extracted from the uploaded data and files and presented to you by deep choice UG (haftungsbeschränkt). XXX(b) Content Similarity. Due to the nature of machine learning, output may not be unique and the Services may generate the same or similar output for deep choice UG (haftungsbeschränkt) or a third party. Responses requested and generated for other users are not considered Your Content.
(c) Use of Content to improve the Services. deep choice UG (haftungsbeschränkt) does not use Your Content to improve our Services.
(d) Copyright Complaints. If you believe that your intellectual property rights have been infringed, please send a notification to the address below. We may delete or disable content that allegedly infringes copyrights and terminate accounts of repeat infringers.
deep choice UG (haftungsbeschränkt)
Mühlenstraße 8 A
14167 Berlin
Deutschland
Written claims regarding copyright infringement must include the following information:
- A physical or electronic signature of the authorized person on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the allegedly infringing material is located on the Site;
Your address, telephone number, and e-mail address; - A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
and - A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are acting on the copyright owner’s behalf.
4. Fees and Payments
(a) Fees and Billing. You will pay all charges billed to your account (“Charges”) in accordance with the prices and terms on the applicable Price List or as otherwise agreed in writing between us. We have the right to correct pricing errors or mistakes, even if we have already issued an invoice or received payment. You will provide complete and accurate billing information, including a valid and authorized payment method. We will debit your payment method at an agreed upon regular time, but may reasonably change the date on which the debit occurs. You authorize deep choice UG (haftungsbeschränkt) and its affiliates, as well as our third-party payment processors, to charge your Payment Method for the Fees. If your payment cannot be completed, we will provide you with written notice and suspend access to the Services until payment is received. Fees are payable in Euros and are due upon invoicing. Payments are non-refundable unless otherwise specified in this Agreement.
(b) Taxes. Unless otherwise stated, the Fees do not include federal, state, local and foreign taxes, duties and similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, except for Taxes based on our net income, and we may bill you for such Taxes. You agree to pay such Taxes in a timely manner and to provide us with documentation evidencing payment or such additional evidence as we may reasonably request. deep choice UG (haftungsbeschränkt) uses the name and address on your account registration as the delivery location for tax purposes, so you must keep this information accurate and current.
(c) Price Changes. We may change our prices by notice to your account and/or on our website. Price increases will be effective 14 days after they are posted, except for increases for legal reasons or increases to Beta Services (as defined in our Terms of Service), which will be effective immediately. All price changes will apply to charges billed to your account immediately after the changes take effect.
(d) Disputes and Late Payments. If you wish to dispute charges or taxes, please contact contact@valueflow.ai within thirty (30) days of the date of the disputed invoice. Undisputed past due amounts may be subject to a finance charge equal to 1.5% of the unpaid balance per month. If any portion of your charges is past due, we may suspend your access to the Services upon written notice of late payments.
(e) Free Tier. You may not create more than one account to benefit from credits in the free tier of the Services. If we believe that you are not using the free tier in good faith, we may charge you standard fees or suspend your access to the Services.
5. Confidentiality, Security and Data Protection
(a) Confidentiality. You may be granted access to confidential information of deep choice UG (haftungsbeschränkt), ValueFlow, its affiliates and other third parties. You may use Confidential Information only as necessary to use the Services in accordance with these Terms. You shall not disclose Confidential Information to any third party and shall protect Confidential Information in the same manner as you would protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means non-public information that deep choice UG (haftungsbeschränkt), ValueFlow or its affiliates or third parties designate as confidential or reasonably should be considered confidential under the circumstances, including software, specifications and other non-public business information. Confidential Information does not include information that:
(i) is in the public domain through no fault of yours; (ii) you already possessed without confidentiality obligations when you received it under these Terms; (iii) is lawfully disclosed to you by a third party without confidentiality obligations; or (iv) you independently developed Confidential Information. You may disclose Confidential Information if required to do so by law or pursuant to a valid court order or order of another governmental authority if you give deep choice UG (haftungsbeschränkt) reasonable written notice and use reasonable efforts to limit the scope of the disclosure, including assisting you in challenging the disclosure request if possible.
(b) Security. You must take reasonable steps to secure your access to and protect your use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact ValueFlow and provide details of the vulnerability or breach.
(c) Processing of Personal Data. If your use of the Services involves the processing of personal data, you must provide legally adequate privacy notices and obtain any necessary consents for the processing of such data. You represent to us that you will process such data in accordance with applicable law. If you are subject to the scope of the GDPR or the CCPA and will use deep choice UG (haftungsbeschränkt) and ValueFlow to process “Personal Data” under the GDPR or “Personal Information” under the CCPA, please contact contact@valueflow.ai to execute our data processing facility.
(6) Term and Termination
(a) Termination. These Terms will become effective when you first use the Services and will remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing your use of the Services and Content. We may terminate these Terms for any reason by giving you at least 30 days’ notice. We may terminate these Terms immediately upon notice to you if you materially breach Sections 2 (Usage Requirements), 5 (Confidentiality, Security, and Privacy), 8 (Dispute Resolution), or 9 (General Terms), if relationships with third-party technology providers change outside of our control, or to comply with legal requirements or government requests.
(b) Effects of Termination. Upon termination, you will cease using the Services and promptly return or, if we direct you to do so, destroy Confidential Information. Those sections of these Terms that by their nature should survive termination or expiration will survive, including but not limited to Sections 3 and 5-8.
(7) Indemnification; Disclaimer; Limitation of Liability.
(a) Indemnification. You will defend, indemnify and hold us, our affiliates and our personnel harmless from and against any and all claims, losses and expenses (including attorneys’ fees) arising out of or related to your use of the Services, including your Content, any products or services developed by you or offered in connection with the Services, and your breach of these Terms or applicable law.
(b) Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES AND DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT AND UNDISTURBED USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE, OR THAT ANY CONTENT WILL BE SECURE OR WILL NOT BE LOST OR ALTERED.
(c) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY UNDER THESE TERMS WILL EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR THE SERVICE FROM WHICH THE CLAIM AROSE DURING THE 12 MONTHS PRIOR TO THE LIABILITY ARISING OR ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8. Dispute Resolution
YOU AGREE TO THE FOLLOWING BINDING ARBITRATION AND CLASS ACTION WAIVER:
(a) binding arbitration. You and deep choice UG (haftungsbeschränkt) agree to resolve all claims relating to these Terms or our Services by final and binding arbitration, except that you have the right to opt out of these arbitration terms and any future amendments to these arbitration terms by emailing contact@valueflow.ai within 30 days of agreeing to these arbitration terms or the relevant amendments.
(b) Informal Dispute Resolution. Before filing a claim against deep choice UG (haftungsbeschränkt), you agree that you will attempt to resolve the dispute informally by notifying us at contact@valueflow.ai of your name, a description of the dispute, and the relief you seek. If we cannot resolve a dispute within 60 days, you may initiate formal proceedings. Any statute of limitations will be suspended during the 60-day resolution process.
(c) Arbitration. Either party may initiate binding arbitration through a mutually agreed upon service provider for such services. The parties will share arbitration fees equally. deep choice UG (haftungsbeschränkt) will not seek attorneys’ fees and costs in the arbitration unless the arbitrator determines that Your claim is without merit.
(d) Arbitration. The arbitration shall be conducted by telephone, based on written submissions, by video conference, or in person at a mutually agreed upon location. All issues, including but not limited to issues relating to the scope, enforceability, and arbitrability of this Section, shall be at the discretion of the arbitrator. The amount of any settlement offer shall not be communicated by either party to the arbitrator until the arbitrator has determined the final award, if any.
(e) Exceptions. This arbitration clause does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to restrain unauthorized use or misuse of the Services or infringement of intellectual property.