Deepshot

Terms of Service

Welcome to Deepshot, a video and audio editing and generation service ("Service") owned and operated by Deepshot Labs Inc. ("Deepshot", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the Service, including any content, information, software, tools, features, and functionality provided on or through the Service.

By accessing, using, or registering an account with the Service, you confirm that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, do not access or use the Service.

  • Eligibility. To use the Service, you must be at least 13 years old. By using the Service, you represent and warrant that you meet this age requirement and are fully able and competent to enter into, abide by, and comply with these Terms.
  • Account Security. You are responsible for safeguarding the login information you use to access the Service and for any activities or actions under your account. You must not disclose your password to any third party. Notify us immediately upon becoming aware of any unauthorized use of your account or any other breach of security.
  • License Grant. Subject to your compliance with these Terms, Deepshot grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or commercial use. You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Service, except as expressly permitted in these Terms. Any unauthorized use of the Service is strictly prohibited and will terminate the license granted herein.
  • Intellectual Property. All content, information, materials, computer code, and software that are part of the Service, except for Your Content (as defined below), are the property of Deepshot or its licensors. You have no rights in or to such content, and you will not use, copy, or display such content except as permitted under these Terms. No other use is permitted without the prior written consent of Deepshot. Deepshot reserves all rights not expressly granted in these Terms, and no licenses are granted by implication or estoppel.
  • Your Content. You retain ownership of any content, including video and audio files, text, images, or other materials, that you submit, post, or otherwise provide through the Service ("Your Content"). By providing Your Content, you grant Deepshot a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform Your Content in connection with the Service and Deepshot's (and its successors' and affiliates') business, including for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

Accounts

We require that you create an account in order to use all of our Services. You may not share or permit others to use your individual account credentials. You will promptly update any information contained in your account if it changes. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If your account is closed or terminated, you will forfeit all unused credits related to our Services (including character credits) associated with your account.

Content & Our Models

  • a.Inputs and Outputs. You may provide content as input to our Services ("Input") and may receive content as output from the Services ("Output", together with the Input, collectively, the "Content"). Inputs may include, without limitation, recordings of your voice or an authorized person, video recordings of yourself or an authorized person, text, or any other content that you may provide to us through the Services. Your access to and use of the Services, including for the purposes of providing Input to the Services and receiving and using the Output from the Services, is subject to our Prohibited Use Policy. We may enable you to download Output from some (but not all) of the Services; in such cases, you are permitted to use such Output outside of the Services but always subject to these Terms and our Prohibited Use Policy. If you choose to make any of your information publicly available through the Services or otherwise, you do so at your own risk.
  • b.Rights to your Inputs. Except for the license you grant below, as between you and Deepshot, you retain all rights in and to your Input.
  • c.License to Input. You hereby grant to Deepshot a perpetual and irrevocable (which means this license cannot be withdrawn), nonexclusive (which means you can license your Input to others), royalty-free and fully paid (which means there are no monetary fees for this license), worldwide (which means it's valid anywhere in the world) and sub-licensable, through multiple tiers (which means we can make it available to others) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and use your Input to provide the Services (including the trust and safety features therein), to improve the Services, and to develop new services and products. For avoidance of doubt, to the extent that your Input includes your person, the foregoing license allows Deepshot to reproduce, modify, publish, create derivative works from, distribute, publicly or otherwise perform, and use your image, and other indicia of your persona that may be contained therein, to provide and improve the Services, and to develop new services and products. Notwithstanding the foregoing, we will not commercialize your face/person on a standalone basis without your permission to do so.
  • d.License to Output To the extent you own or acquire any intellectual property rights in or to any Output, you hereby grant to Deepshot a perpetual and irrevocable (which means this license cannot be withdrawn), nonexclusive (which means you can license your Input to others), royalty-free and fully paid (which means there are no monetary fees for this license), worldwide (which means it’s valid anywhere in the world) and sub-licensable, through multiple tiers (which means we can make it available to others) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and use the Output to provide the Services (including the trust and safety features therein) to you, to improve the Services, and to develop new services and products.
  • e.Necessary Rights. You may not provide Input or create Output for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that the Content, and our use of the Content, will not violate any rights of any person or entity, or cause injury to any person or entity.

Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

a. Uploading, posting, or transmitting any User Content that violates copyright, trademark, privacy, lack of authorization, or other proprietary rights of any person or entity;

b. Using the Service for any illegal, harmful, or unauthorized purposes;

c. Attempting to interfere with or compromise the system integrity, security, or the proper working of the Service;

d. Decompiling, reverse engineering, or disassembling any part of the Service;

e. Removing any copyright, trademark, or other proprietary rights notices contained in or on the Service;

f. Using any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any material on the Service.

g. Using any device, software, or routine that interferes with the proper working of the Service, or otherwise attempting to interfere with the proper working of the Service;

Subscription and Billing

When you subscribe to the Service, you agree to the following terms.

a. Subscription Plans: Deepshot offers various subscription plans for the Service, including monthly and annual plans. By subscribing to a plan, you agree to pay the applicable fees and any applicable taxes, as described on our website or in the Service.

b. Payment Information: To purchase a subscription, you must provide accurate and complete billing information, including a valid credit card or other accepted payment methods. You agree to promptly update your billing information if it changes.

c. Auto-renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel your subscription prior to the renewal date. You authorize Deepshot to charge your payment method for the renewal fees.

d. Cancellation: You may cancel your subscription at any time through your account settings or by contacting our customer support. Cancellation will take effect at the end of the current billing cycle, and no refunds or credits will be provided for partially used periods.

e. Changes to Subscription Plans: Deepshot reserves the right to change its subscription plans, fees, or billing methods at any time. We will provide notice of any changes by posting the updated information on our website or in the Service. Your continued use of the Service after the changes take effect constitutes your acceptance of the new terms.

Limitation of Liability

  • a.To the fullest extent permitted by applicable law, Deepshot will not be liable to you under any theory of liability (whether based in contract, tort, negligence, warranty, or otherwise) for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Deepshot has been advised of the possibility of such damages.
  • b.The total liability of Deepshot for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of the amount paid by you to use our Services in the 12 months preceding the claim.

Disclaimers

Your use of our Services and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Services) is at your sole risk. To the fullest extent permitted under applicable law, our Services, and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Services) are provided "as is" and "as available" without warranties of any kind, either express or implied. Deepshot disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Deepshot does not represent or warrant that our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Services) are accurate, complete, reliable, current, or error-free or that access to our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Services) will be uninterrupted. While Deepshot attempts to make your use of our Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Services) safe, we cannot and do not represent or warrant that our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Services) are free of viruses or other harmful components or content or materials. All disclaimers of any kind are made for the benefit of all Deepshot and Deepshot’s respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as our and their respective successors and assigns.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend (at our option), and hold harmless Deepshot and our officers, directors, agents, partners, licensors, employees and agents from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to: (a) your access to or use of the Services; (b) the Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services or the Content. You will cooperate with Deepshot in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). Deepshot will have control of the defense or settlement, at Deepshot’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Deepshot.

Third-Party Services

  • a.Our Services rely on or interoperate with third-party products and services, including data storage services, communications technologies, and internet and mobile operators (collectively, "Third-Party Services"). These Third-Party Services are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services.
  • b.We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.
  • c.We have no obligation to monitor Third-Party Services or Third-Party Content, and we may block or disable access to any Third-Party Services or Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content or Third-Party Services may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Services). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.

Termination

Deepshot reserves the right to suspend or terminate your access to the Service at any time, without notice or liability, for any reason or no reason, including but not limited to violation of these Terms.

Cooperation with Authorities

Deepshot reserves the right to disclose your personal information, User Content, or any other information related to your use of the Service to law enforcement authorities, government officials, or other third parties at our discretion, if we believe it is necessary or appropriate to respond to legal requests, protect our rights or property, prevent illegal activities or harm, or enforce these Terms.

Changes to Terms

Deepshot may revise and update these Terms from time to time, in our sole discretion. We will provide notice of any changes by posting the updated Terms on our website or in the Service. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Deepshot is located, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within that jurisdiction for the resolution of any disputes arising out of or relating to these Terms or the Service.

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Deepshot with respect to the Service, and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and Deepshot with respect to the Service.

Waiver and Severability

No waiver by Deepshot of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Deepshot to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Deepshot. Deepshot may assign or transfer its rights and obligations under these Terms, in whole or in part, at any time without notice or consent.

Force Majeure

Deepshot shall not be liable for any delay or failure to perform any of its obligations under these Terms if such delay or failure is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, or interruptions in telecommunications, transportation, or utilities.

Notices

Any notices or other communications required or permitted under these Terms must be in writing and given by Deepshot via email, in-app notifications, or by posting the notice on our website or in the Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Feedback

We welcome your feedback, comments, and suggestions for improvements to the Service. By submitting any feedback, you grant us the right to use the feedback without any restriction or any compensation to you. By accepting your feedback, Deepshot does not waive any rights to use similar or related feedback previously known to Deepshot, or developed by its employees or contractors, or obtained from other sources.

No Partnership or Agency

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and Deepshot. You have no authority to bind Deepshot in any respect and shall not make any representations or warranties on behalf of Deepshot.

Language

These Terms may be translated into other languages for your convenience. In the event of any discrepancies or inconsistencies between the English version and any translated version, the English version shall prevail.

Survival

Any provisions of these Terms that, by their nature, should survive termination of your access to or use of the Service, including but not limited to provisions relating to indemnification, limitation of liability, and governing law, shall continue to remain in full force and effect after such termination.

Contact Us

If you have any questions or concerns about these Terms or the Service, please do not hesitate to contact us at support@deepshot.org We value your feedback and will strive to address your concerns in a timely and effective manner.