Welcome to DeepEat!

PLEASE READ THESE TERMS OF USE CAREFULLY, INCLUDING OUR PRIVACY POLICY. YOUR PARTICULAR ATTENTION IS DRAWN TO THE LIMITATION OF LIABILITY CONTAINED IN SECTION 8 BELOW. BESIDES, YOU AGREE TO RESOLVE ANY DISPUTE BETWEEN YOU AND DEEPEAT THROUGH ARBITRATION ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION, AS EXPLAINED IN SECTIONS 9 BELOW. IF YOU DO NOT AGREE WITH ALL OF THE TERMS, YOU MAY NOT ACCESS OUR SERVICES IN ANY WAY.

These Terms of Use (“Terms”) apply to your use of our website and mobile application “DeepEat” (the “App”) and our other services, along with any associated software applications (the “Services”). These Terms form a contract between you (or the “users”) and Sparkling AI HK Limited (“DeepEat”, “Company”, “we”, “us” or “our”), and they include important provisions for resolving disputes through arbitration. By accessing our Services, you agree to these Terms.

 

1.      Who We Are

We are a company aiming to enhance individual capabilities and drive significant advancements by leveraging cutting-edge technologies and innovative solutions.

 

2.      Account Registration and Eligibility

2.1.     Minimum Age

You must be at least 13 years old. If you are 13 years old or older but still considered a minor under the applicable jurisdiction, you must obtain parental or guardian consent before using the Services.

2.2.     Account Registration

You may be required to register with our Services in order to access and use certain features of our Services. If you choose to register for our Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by our registration form. DeepEat will have the right in its sole discretion to allow use of the Services, however DeepEat so determines.

Your registration data and certain other information about you are governed by our Privacy Policy[Legal2] . You may also close your account by contacting us.

2.3.     Account Security

Please do not share your account login information with anyone else. You understand that your account for our Services is limited solely to you. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account, and for ensuring that all uses thereof comply fully with these Terms.  

 

3.      Use of Our Services

3.1.     Acceptable Use

Our Services allow you to benefit from information concerning the nutritional intake of your meals and to meet the fitness objectives you have previously set. Additionally, we may offer AI-powered features that enable conversations with you and respond to your questions.

Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as any other documentation, guidelines, or policies we make available to you (“additional terms”), which we may supplement, update or revise, at any time.

3.2.     Prohibited Use

By using our Services, you agree to not use our Services for any illegal, harmful, or abusive activity, including the following:

(i)    Not to engage in activity that is harmful to the Services, including

Ÿ   crawling, scraping, or otherwise harvesting data or information from our Services other than as permitted under these Terms.

Ÿ   engaging in technical attacks, “AI poisoning”, excess usage, prompt-based manipulation, “jailbreaking”, and other off-platform abuses;

Ÿ   bypassing our safety or privacy filters, controls or mechanisms;

Ÿ   unauthorized utilization of prompts and completions to train an AI model (e.g., “model scraping”);

Ÿ   attempting to or assisting anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable laws).

(ii)  Not to compromise the privacy of others, including

Ÿ   collecting, processing, disclosing, inferring or generating personal information without complying with applicable legal requirements;

Ÿ   input photographs, video/audio recordings, or any content of others taken without their consent for the processing of an individual’s biometric identifiers, biometric information, or for any other purpose;

Ÿ   facilitating spyware, communications surveillance, or unauthorized monitoring of individuals.

(iii)  Not to compromise children’s safety, including to create, distribute, or promote child sexual abuse material; to facilitate the trafficking, sextortion, or any other form of exploitation of a minor; to promote or facilitate pedophilic relationships, including via roleplay with the model.

(iv) Not to engage in or incite discriminatory practices or behaviors against individuals or groups on the basis of one or more protected attributes such as race, ethnicity, religion, nationality, gender, sexual orientation, or any other identifying trait.

(v)  Not to generate illegal or inappropriate content, including

Ÿ   sexually explicit content, such as content relating to sexual intercourse or sex acts, sexual fetishes or fantasies, incest or bestiality, pornography and content meant to arouse sexual excitement;

Ÿ   content promoting suicide or self-harm, bullying, humiliation and/or other emotional harms;

Ÿ   content depicting animal cruelty or abuse and/or other psychologically or emotionally harmful content;

Ÿ   content relating to violent extremism, terrorism, or hateful behavior.

(vi) Not to create and disseminate deceptive or misleading information, such as

Ÿ   engaging in false online engagement (e.g., fake reviews, comments, or media);

Ÿ   engaging in or promoting academic dishonesty;

Ÿ   impersonating another individual or organization without consent or legal right;

Ÿ   representing that the Output was human-generated when it was not.

(vii)Not to perform or facilitate the following activities that may significantly affect the safety, wellbeing, or rights of others, including

Ÿ   infringing, misappropriating, or violating intellectual property or other legal rights (including the rights of publicity);

Ÿ   making high-stakes automated decisions in domains that affect an individual’s safety, rights or well-being (e.g., law enforcement, migration, management of critical infrastructure, safety components of products, essential services, credit, employment, housing, education, social scoring, or insurance);

Ÿ   providing tailored legal, medical/health, or financial advice without review by a qualified professional and disclosure of the use of AI assistance and its potential limitations;

Ÿ   creating political campaigns or interfere in elections, such as generating campaign materials personalized to or targeted at specific demographics;

Ÿ   facilitating real money gambling, payday lending, title loans, or other high-interest, short-term lending practices that exploit vulnerable individuals;

Ÿ   using the Services to produce, modify, design, market, or distribute weapons, explosives, dangerous materials or other systems designed to cause harm to or loss of human life;

Ÿ   using the Services to injure others or destroy property;

Ÿ   engaging in unauthorized activities that violate the security of any service or system.

3.3.     Third-party services and links

Our Services may use or be used in connection with third-party content, services, or integrations. We do not control or accept responsibility for any loss or damage that may arise from your use of any third-party content, services, and integrations, for which we make no representations or warranties. Your use of any third-party content, services, and integrations is at your own risk and subject to any terms, conditions, or policies (including privacy policies) applicable to such third-party content, services, and integrations.

 

4.      Prompts, Outputs and Other Content

Our Services allow you to provide materials for processing, which could include text, documents, images or recordings (“Prompts”), and will generate a response (“Output”) based on your Prompts, as well as any feedback that you provide (“Feedback”). Prompts, Outputs and Feedback collectively are, “Content”.

4.1.     Your Rights to Content.

(i)    Except as expressly provided in these Terms, you retain all right, title and interest – including any intellectual property rights – that you have in and to your Prompts. You agree that your provision of Prompts will not violate these Terms, including the other additional terms that apply to your use of the Service. You also represent and warrant that you have all rights, licenses, and permissions needed to provide Prompts to our Services.

(ii)  As between you and us, and to the extent permitted by applicable law, you own the Output. Subject to your compliance with our Terms, we hereby assign to you all our right, title, and interest, if any, in and to the Output. When you use the Services in accordance with these Terms, you grant us, to the fullest extent permitted under the applicable law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize and otherwise use all Output elicited by you for any purpose in any form, medium or technology now known or later developed, including but not limited to (i) facilitating other users’ ability to elicit Output, and (ii) promoting the Services.

(iii)  While we’re not required to do so, we may access, review, screen, edit, modify and delete your Content at any time and for any reason, including providing and developing the Services or if we think the Content violates these Terms or any applicable laws

(iv) We will not train our models on any Content that are not publicly available, except in three circumstances:

Ÿ   The Content are processed with secure encryption technology, strictly de-identified and cannot be re-identified to a specific individual. If you do not want us to use your Content to train our models, you can opt out by contacting us via the details disclosed in Section 10. Please note that in some cases this may limit the ability of our Services to better address your specific use case.

Ÿ   If you provide Feedback to us (through the Services or otherwise) regarding any Content, you agree that we may use that Feedback however we choose without any obligation or other payment to you.

Ÿ   If your Content are flagged for safety review, we may use or analyze those Content to improve our ability to detect and enforce any activity that violate these Terms, including training models.

4.2.     Personal information.

Our Privacy Policy governs your use and our processing of personal information related to our Services, including personal information you submit as Prompts, Feedback or other Content, and we may process personal information, including any sensitive information, as described in the Privacy Policy.

To the extent DeepEat chooses to support voice or audio features, you agree not to do any of the following in connection with your use of the Services:

(i)             submit voice recordings of third parties (including but not limited to celebrities) without their consent;

(ii)           use any DeepEat voice feature to engage in “deepfakes” or impersonation of any kind, including but not limited to those that create political misinformation, perpetrate frauds or scams, impugn the reputation of third parties, or otherwise amount to harmful conduct.

We reserve the right to investigate and take appropriate action against anyone who we conclude, in our sole discretion, has violated the provisions above. That action may include, without limitation, removing Content from the Services, suspending or terminating your account, and reporting you to law enforcement.

4.3.     Accuracy.

Artificial intelligence and AI models are frontier technologies that are still improving in accuracy, reliability and safety. When you use our Services, you acknowledge and agree:

(i)    Output may not always be accurate or reflect correct, current, or complete information. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.

(ii)  You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.

(iii)  Output may not be unique and other users may receive similar output from our Services, due to the nature of our Services and artificial intelligence generally.

(iv) Our Services may provide incomplete, incorrect, or offensive Output that does not represent our views. If Output references any third-party products or services, it doesn’t mean the third party endorses or is affiliated with us.

(v)  You – not DeepEat – are responsible for your use of, and/or any actions you take in relation to, Content generated by the Services based on your Prompts.

4.4 Health Disclaimer

(i)    DeepEat is designed as a health and wellness tool to support your personal fitness and dietary goals. However, DeepEat is not a medical organization, and the information, recommendations, and insights provided through our Services should not be considered medical advice. Your use of DeepEat is at your own risk, and you should consult a qualified healthcare professional before making any significant changes to your diet, exercise routine, or lifestyle.

(ii)  You should seek medical advice before using DeepEat, particularly if you:

Ÿ  Have a pre-existing medical condition, including but not limited to diabetes, heart disease, lung disease (such as asthma), neuromuscular disorders, or any other chronic illness;

Ÿ  Are pregnant, breastfeeding, or recovering from surgery;

Ÿ  Are taking prescription medication or undergoing medical treatment;

Ÿ  Have a history of eating disorders, such as anorexia nervosa, bulimia nervosa, binge eating disorder, orthorexia, or any other condition affecting your relationship with food.

DeepEat’s recommendations do not replace medical evaluations, treatments, or professional supervision. If you experience discomfort, health concerns, or unexpected reactions while using DeepEat, stop using the Services immediately and seek medical advice.

(iii)  We encourage users to maintain a healthy weight range based on widely accepted health guidelines. A Body Mass Index (BMI) between 18.5 and 25 is generally considered within the healthy range. Before starting any weight loss, you should make sure that you are not underweight (defined as BMI below 18.5).

(iv) Minors (under the age of 18 or the age of majority as defined by the applicable jurisdiction) should only use DeepEat under the guidance and supervision of a parent or legal guardian.

(v)  By using DeepEat, you acknowledge and agree that you are responsible for your own health decisions. DeepEat assumes no liability for any outcomes related to the use of our Services.

5.      Our Rights

5.1.     Our use of Content.

We may use Content and related information as described in these Terms and Privacy Policy, and may do so through automated or manual (i.e. human) review and through third-party vendors in some instances:

(i)    To provide, maintain and improve our Services, and conduct and support research;

(ii)  To monitor your use of our Services for compliance with these Terms and applicable laws and to report violations of applicable laws or regulations as required by law or as otherwise requested by a court order or government authority;

(iii)  To remove unsafe, discriminatory or other Content that violates these Terms, or any other applicable additional terms;

(iv) To suspend or remove accounts that violate these Terms with respect to your use of our Services.

5.2.     Content Moderation.

Our Services may block Content uploads, or other information that violate these Terms, or that are likely to lead to the creation of Output that violates these Terms. Prompts, Outputs or Feedback that violate these Terms may be removed.

Abuse of our Services, such as repeated attempts to produce prohibited content or other violations, may result in service or account suspension, service limitations. You may report problematic or illegal content by contacting us.

5.3.     Suspension and Termination

In addition to Section 5.2, we reserve the right to suspend or discontinue offering or supporting all or part of any of the Services at any time and for any reason, to some or to all users. Subject to the requirements of applicable law, we may limit, suspend, or terminate your use of any of the Services at any time without notice and for any reason, including (without limitation)

(i)    if you breach these Terms;

(ii)  if we determine we must do so to comply with the law;

(iii)  if your use of our Services could cause risk or harm to us, our users, or anyone else;

(iv) if we suspect you are engaged in fraudulent or illegal activity; or

(v)  if your account is suspended or closed by us or by you.

If you believe we have suspended or terminated your account in error, you can file an appeal with us by the details specified in Section 10.

 

6.      Intellectual Property

6.1.     Ownership of the Services

The Services are owned, operated, and provided by us and our affiliates, licensors, distributors, and service providers (collectively “Providers”). We and our Providers retain all of our respective rights, title, and interest, including intellectual property rights, in and to the Services. Other than the rights of access and use expressly granted in our Terms, our Terms do not grant you any right, title, or interest in or to our Services.

6.2.     Open-Source Software

Our Services may include open-source software. In the event of any conflict between these Terms and any other our or third-party terms applicable to any portion of our Services, such as open-source license terms, such other terms will control as to that portion of our Services and to the extent of the conflict.

6.3.     Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, you are encouraged to contact the infringing party directly. Additionally, you may also notify us at response@deepeat.ai  providing the following information (Subject line: “DMCA Takedown Request”):

Ÿ   an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right;

Ÿ   identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;

Ÿ   identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Services of the content claimed to be infringing, so that we may locate the content;

Ÿ   your full legal name (not pseudonym), address, telephone number, and email address;

Ÿ   a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the intellectual property right, its agent, or the law;

Ÿ   a statement by you, made under penalty of perjury, that the above information in your Takedown Notice is accurate and that you are intellectual property right owner or authorized to act on the owner’s behalf.

We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate. Please also note that DeepEat is not in a position to assess the legal merits of the claims. Any further action, claim or remedy against the infringing user must be undertaken by the aggrieved user.

 

7.      Subscriptions, Fees and Payment

7.1.     Fees and billing

You may be required to pay us fees to access or use our Services or certain features of our Services. You are responsible for paying any applicable fees listed for the Services. If you purchase access to our Services or features of our Services, you must provide complete and accurate billing information, including a valid payment method.

If you purchase our Services through a distributor (such as an app store, an “App Distributor”), you will make payment to the App Distributor, and the App Distributor’s terms regarding payment methods, billing, and refunds will apply instead of these Terms.

If the due payment cannot be deducted from the designated bank account, you will be responsible for all fees incurred as a result. If payment is reversed or remains unpaid, DeepEat reserves the right to restrict access to the relevant Services. You agree that we will not be held liable for any errors caused by third-party payment processors that we may use.

7.2.     Scope of Subscription Services

The content, features, and other services included in your subscription, as well as the subscription duration, will be specified during the order process. We may modify the content, features, and services at any time, and we do not guarantee that any specific content, feature, or service will always be available.

7.3.     Subscription Plan and Fees

DeepEat offers different subscription plans as listed on the subscription page, allowing users to choose respective subscription period for renewal.

The fees for each subscription plan will be listed on the subscription page. We may change our prices from time to time. If we increase our prices, we or the App Distributor will give you prior notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

7.4.     Automatic Renewal

If you sign up for a paid Subscription, we or the App Distributor will automatically charge your payment method on each agreed-upon periodic renewal date until you cancel. Any subscription service you purchase will automatically renew until you cancel your subscription.

Please note that uninstalling DeepEat will not automatically cancel your subscription. You must manually cancel the subscription. If you uninstall the App without canceling the subscription, charges will continue.

7.5.     Subscription Cancellation and Refunds

You can cancel your subscription via the cancellation procedures outlined by the App Distributor (such as Apple App Store or Google Play). To avoid auto-renewal, cancel your subscription at least 24 hours before the end of the current subscription period.

After cancellation, payments are non-refundable, but you will retain access to the Services for the remainder of the paid subscription period. If you subscribed through an App Distributor, any refund requests should be handled according to the refund policies of the respective App Distributor.

 

8.      Disclaimer of Warranties, Limitations on Liability and Indemnity

8.1.     Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE 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 QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUT FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

8.2.     Limitations on Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE, OUR PROVIDERS, OR OUR OR THEIR RESPECTIVE AFFILIATES, INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “DEEPEAT PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, THE MATERIALS, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF ANY DEEPEAT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, AND EVEN IF THE DAMAGES ARE FORESEEABLE.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE DEEPEAT PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, THE MATERIALS, OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO US FOR ACCESS TO OR USE OF THE SERVICES (IF ANY) IN THE SIX MONTHS PRECEDING THE DATE SUCH DAMAGES, LOSSES, AND CAUSES OF ACTION FIRST AROSE, AND $100. THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE TERMS, AND WE WOULD NOT OFFER THE SERVICES TO YOU UNDER THESE TERMS WITHOUT THESE LIMITATIONS.

SOME COUNTRIES AND STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE TERMS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, THESE TERMS ONLY LIMIT OUR RESPONSIBILITIES TO THE MAXIMUM EXTENT PERMISSIBLE IN YOUR COUNTRY OF RESIDENCE.

8.3.     Indemnity

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE DEEPEAT PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS; YOUR ACCESS TO, USE OF, OR ALLEGED USE OF THE SERVICES OR THE MATERIALS; YOUR FEEDBACK; ANY PRODUCTS OR SERVICES THAT YOU DEVELOP, OFFER, OR OTHERWISE MAKE AVAILABLE USING OR OTHERWISE IN CONNECTION WITH THE SERVICES; YOUR VIOLATION OF APPLICABLE LAW OR ANY THIRD-PARTY RIGHT; AND ANY ACTUAL OR ALLEGED FRAUD, INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, OR CRIMINAL ACTS COMMITTED BY YOU OR YOUR EMPLOYEES OR AGENTS. WE RESERVE THE RIGHT TO ENGAGE SEPARATE COUNSEL AND PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU HEREUNDER, IN WHICH CASE YOU AGREE TO COOPERATE WITH US AND SUCH SEPARATE COUNSEL AS WE REASONABLY REQUEST.

 

9.      Dispute

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. YOU AND DEEPEAT AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

9.1.     MANDATORY ARBITRATION

The validity, interpretation, alteration, execution and dispute settlement of these Terms shall be governed by the laws of Hong Kong. Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

9.2.     CLASS AND JURY TRIAL WAIVERS

You and DeepEat agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available.

The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement.

You and DeepEat knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

9.3.     Severability

If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, or class action, this entire dispute resolution section will be unenforceable in its entirety.

 

10.   General Terms

10.1.  Changes to These Terms

(i)    We are continuously working to develop and improve our Services. We may sometimes add or remove features, increase or decrease capacity limits, offer new Services, or stop offering certain Services. As a result, we reserve the right, at our sole discretion, to change or modify portions of these Terms at any time, especially for the following reasons:

Ÿ   changes to the law or regulatory requirements.

Ÿ   security and operability issues.

Ÿ   to adapt to new technologies.

(ii)  We will post the changes on our Services and will indicate at the top the date these Terms were last revised. We will also notify you, either through the user interface of our Services, in an email notification or through other reasonable means. If you continue to access the Services after we post the updated Terms on DeepEat’s Apps or otherwise give you notice of Terms changes, then you agree to the updated Terms. If you do not accept the updated Terms, you must stop using our Services. We will not be liable for any change to or any suspension or discontinuation of the Services or your access to them.

10.2.  Termination

You may stop accessing the Services at any time. We may suspend or terminate your access to the Services at any time without notice to you if we believe that you have breached these Terms, or if we must do so in order to comply with law. We may also terminate your Account if you have been inactive for over a year. If we terminate your Account due to inactivity, we will provide you with notice before doing so.

Upon termination of these Terms or your access to the Services, we may at our option delete any Content or other data associated with your Account. Sections 7-10 will survive any expiration or termination of our Terms.

10.3.  Assignment

You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

10.4.  Entire Agreement

These Terms and any other terms expressly incorporated by reference form the entire agreement between you and us regarding the subject matter of our Terms.

10.5.  Severability

If a particular Term or portion of these Terms is not valid or enforceable, this will have no effect on any other Terms.

10.6.  No Waiver

Any delay or failure on our part to enforce a provision of these Terms is not a waiver of our right to enforce them later.

10.7.  Contacts

Users with questions, complaints or claims with respect to the Services can be made by contacting us at response@deepeat.ai.