Terms of Service
Last Updated: 2024-03-24
Welcome to DeepVo.ai ("we" or "DeepVo.ai") services. These Terms of Service constitute a legal agreement between you and DeepVo.ai regarding the use of our speech-to-text, AI summarization, and mind map generation services ("Services"). "You" or "your" in these terms refers to any entity, university, organization, or company ("Organization") and any individual end user.
Please read the following terms carefully.
By clicking "I accept" or downloading, installing, accessing, or using the Services, you acknowledge that you have read and understood, and as a condition of using the Services, you agree to be bound by the following terms and conditions, including DeepVo.ai's Privacy Policy (collectively, the "Terms"). If you do not qualify or do not agree to these Terms, you are not authorized to use our Services. Your use of the Services and DeepVo.ai's provision of the Services to you constitutes an agreement between DeepVo.ai and you regarding these Terms.
1. Service Overview
Our Services enable users to convert voice conversations to text and generate AI summaries and mind maps. You may choose to use either the free version ("Free Services") or the paid subscription version ("Paid Services").
2. Eligibility Requirements
You must be at least 13 years old to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or terminated from the Services; (c) your registration and use comply with all applicable laws and regulations. If you are an Organization, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms.
3. Account and Registration
3.1 General Provisions: To access most features of the Services, you must register for an account. When registering, you must provide accurate information such as name, email address, etc. You are responsible for maintaining the confidentiality of your account and password and are responsible for all activities under your account. If you believe your account is no longer secure, you must immediately notify us at support@deepvo.ai.
3.2 Authorized Users:
a. If you are an administrator of an Organization account, you are responsible for: (i) identifying and authenticating all authorized users; (ii) approving access to the Services by authorized users; (iii) controlling unauthorized access by authorized users; (iv) being responsible for all activities of authorized users.
b. If you obtain credentials to access and use the Services from an Organization, you acknowledge and agree that your access is subject to the agreement between DeepVo.ai and your Organization regarding the Services. You also acknowledge that your Organization may terminate their provision of Service access to you at any time.
c. If the email address domain associated with your account belongs to an Organization, you acknowledge and agree that we may identify your account to the Organization, migrate your account to the Organization's account, and/or limit or terminate your access to the account.
4. Payment Terms
4.1 Pricing: We reserve the right to determine the prices for the Services. We will make reasonable efforts to keep pricing information posted on the website current. We may change the fees for any Service feature, but will notify you in advance.
4.2 Authorization: You authorize us to charge all fees, including applicable taxes, to the payment method designated in your account. All fees are denominated in US dollars and are non-refundable.
4.3 Subscription Services: The Services may include automatic renewal payments charged periodically ("Subscription Services"). If you activate Subscription Services, you authorize us to periodically charge all accrued fees until you cancel your subscription or your account.
4.4 Overdue Accounts: For any account with unpaid fees, we may suspend or terminate access to the Services, including the paid portions of the Services.
5. License
5.1 Limited License: Subject to your complete and ongoing compliance with these Terms, DeepVo.ai grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Services obtained from a legitimate marketplace on mobile devices owned or controlled by you, solely for your personal, non-commercial use; (b) access and use the Services.
5.2 License Restrictions: Unless otherwise required by applicable law, you may not: (a) copy, distribute, publicly display or publicly perform the Services; (b) modify the Services; (c) interfere with or circumvent any feature of the Services; (d) violate any usage limitations or other restrictions associated with the service tier you (or your Organization) elect to access and purchase.
6. Ownership and Proprietary Rights
The Services are owned and operated by DeepVo.ai. All content in the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DeepVo.ai or its content providers.
7. User Content
7.1 User Content Generally: Certain features of the Services may allow users to upload content to the Services, including voice recordings, audio recordings, data, text, photographs, and other types of works ("User Content"). You retain any copyrights and other proprietary rights that you may hold in the User Content that you post to the Services.
7.2 Voice Recordings: The Services may provide features that allow you to record personal conversations and/or upload previously recorded conversations. Laws regarding notice and notification requirements for such recorded conversations vary by jurisdiction. You acknowledge and agree that you are solely responsible for providing any necessary notices and obtaining consent from individuals in accordance with applicable laws.
8. Communications
8.1 Text Messages: We may send text messages to phone numbers you provide. These messages may be used for two-factor authentication. Standard data and message rates may apply to send or receive such messages.
8.2 Push Notifications: When you install our application on your mobile device, you agree to receive push notifications. You can turn off notifications by accessing the "Settings" page on your mobile device.
8.3 Emails: We may send emails in the course of providing the Services to notify you that User Content has been processed, shared with you, or for other operational purposes. You may opt out of promotional emails by following the unsubscribe instructions in promotional emails.
9. Prohibited Conduct
When using the Services, you agree not to:
a. Use the Services for any unlawful purpose or in violation of any local, state, national, or international law;
b. Use the Services or any part thereof for the direct or indirect benefit of any third party;
c. Use the Services for any direct or indirect commercial purposes;
d. Harass, threaten, demean, embarrass, or otherwise harm any other user of the Services;
e. Infringe or encourage others to infringe any third party rights;
f. Interfere with any security-related features of the Services;
g. Interfere with the operation of the Services or any user's enjoyment of the Services;
h. Engage in any fraudulent activity;
i. Sell or transfer access granted under these Terms;
j. Attempt to do or assist others in doing any of the acts described in this section.
10. Service Changes
We reserve the right to modify or terminate the Services at any time. We may update these Terms, and the modified Terms will be effective upon posting. Your continued use of our Services indicates your acceptance of the modified Terms.
11. Disclaimer and Limitation of Liability
The Services are provided "as is" without any express or implied warranties. We make no warranties regarding the accuracy, reliability, or availability of the Services. In no event shall DeepVo.ai be liable for any direct, indirect, incidental, special, or consequential damages.
12. Dispute Resolution
You agree that any disputes arising from these Terms will be resolved through binding individual arbitration rather than court proceedings. Both you and DeepVo.ai waive the right to participate in any class action or representative proceeding.
13. Contact Information
If you have any questions about these Terms of Service, please contact us at support@deepvo.ai.
14. Miscellaneous
These Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict of law principles. You and DeepVo.ai agree to submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
Appendix 1: Data Processing Agreement
This Data Processing Agreement ("DPA") is incorporated into and forms part of the Terms of Service ("Terms") between you ("Customer") and DeepVo.ai ("Company"). Capitalized terms not otherwise defined in this DPA will have the meaning given to them in the Terms. This DPA takes precedence over any conflicting provisions of the Terms but does not otherwise modify the Terms.
1. Definitions
1.1 In this DPA:
a. "Controller", "Data Subject", "Personal Data", "Personal Data Breach", "Processing", "Processor", and "Supervisory Authority" have the meanings given to them in the GDPR.
b. "Customer Personal Data" means any data constituting Personal Data subject to Data Protection Laws for which Customer or Customer's customers are the Controller and which is Processed by Company to provide the Services.
c. "Data Protection Laws" means the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the UK General Data Protection Regulation, and the e-Privacy Directive 2002/58/EC (as amended by Directive 2009/136/EC), and their national implementations in the European Economic Area ("EEA"), Switzerland and the UK, as applicable, as may be amended or superseded from time to time.
d. "Data Subject Rights" means the rights of information, access, rectification, erasure, restriction, portability, objection and not to be subject to automated individual decision-making available to Data Subjects under Data Protection Laws.
e. "International Data Transfer" means a transfer of Customer Personal Data from the EEA, Switzerland or the UK to an international organization or to a country outside of the EEA, Switzerland and the UK.
f. "Sub-processor" means any Processor engaged by Company to Process Customer Personal Data.
g. "Standard Contractual Clauses" means the clauses in the Annex to Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council.
h. "UK Addendum" means the International Data Transfer Addendum to the Standard Contractual Clauses (Version B1.0) issued by the UK Information Commissioner under Section 119A(1) of the Data Protection Act 2018, effective 21 March 2022.
2. Scope and Applicability
2.1 This DPA applies to the Processing of Customer Personal Data by Company to provide the Services.
2.2 The subject matter, nature and purpose of the Processing, the types of Customer Personal Data and categories of Data Subjects are set out in Appendix 5.
2.3 Customer is the Controller and appoints Company as a Processor for the purposes set out in Appendix 5. Customer is responsible for compliance with the requirements of Data Protection Laws applicable to Controllers.
2.4 If Customer is a Processor on behalf of other Controllers, then Customer is Company's single point of contact; must obtain all necessary authorizations from such other Controllers; undertakes to issue all instructions and exercise all rights on behalf of such other Controllers; and is responsible for compliance with the requirements of Data Protection Laws applicable to Processors.
2.5 Customer acknowledges that Company may Process Personal Data relating to the operation, support or use of the Services for its own business purposes, such as billing, account management, data analytics, benchmarking, technical support, product development and compliance with law. Company is the Controller of such Processing and will Process such data in accordance with Data Protection Laws. Such Processing is not subject to this DPA.