TERMS AND CONDITIONS

Effective date: 28th of June 2018

 

These Terms and Conditions (the “Terms”) for the website https://deepcoin.com and the related software applications (collectively, the “Application”) constitute a legal agreement between the user of the Application (the “user”, “you”, and “your”) and the company UAB Nowww, having a principal place of business at J. Savickio g. 4, LT-01108 Vilnius, Lithuania (the “Company”, “us”, “we”, and “our”).

By using the Application, you agree to be legally bound by these Terms. In case you do not agree with one or more provisions of these Terms, please do not use the Application. You are authorized to use the Application only if you agree to these Terms.

1. The Application

1.1 About the Application. The Application is a web application providing social analytics services (the “Services”), such as the possibility to monitor online references to businesses in online sources, including social media websites and news portals, for marketing purposes, and a possibility to track and monitor online content generated by the members of the user’s team in relation to the monitored businesses.  

1.2 Minors. The Application is not marketed to and should not be accessed and used by persons under the age of 18.

1.3 License to use the Application. The Company grants you a personal, revocable, non-exclusive, non-transferable, limited license to use the Application pursuant to these Terms.

1.4 Your representation. By accessing and using the Application and the Services, you represent and warrant that: (i) you will not use the Application in a way that violates any applicable law; (ii) your age is at least 18 years; and (iii) you will use the Application only in accordance with these Terms.

2. Company’s Content

2.1 Some of the content made available through the Application is owned by the Company, its partners, agents, licensors, vendors, and/or other content providers (the “Company’s Content”). The Company’s Content includes, but is not limited to, text, images, audiovisual content, source code, trademarks, service marks and trade names. We would like to inform you that Company’s Content is protected by the applicable intellectual property laws. Unless otherwise provided in these Terms, you are not allowed to copy or use Company’s Content in any manner without obtaining a prior written permission from the Company.

2.2 Unless otherwise stated in these Terms, you are not allowed to:

  • Distribute Company’s Content;
  • Copy Company’s Content;
  • Disassemble, make alterations, decompile, reverse engineer, translate, adapt Company’s Content; and
  • Distribute, rent, loan, use, lease or attempt to grant other rights to Company’s Content to third parties.

3. User Account

3.1 In order to start using the Application and access the Services, the user is required to complete a registration process and create a user account (the “User Account”). By registering the User Account, the user represents and warrants that the user provides only true, complete, and up-to-date personal data. The user shall maintain the accuracy of such personal data throughout the entire period of using the Services.

3.2 Each User Account has limitations with regard to the number of: (1) users that can access and use the Services through the User Account; (2) keywords that can be used with regard to the Services; and (3) team members that can be monitored by the user through the User Account.

3.3 The user is solely responsible for maintaining the confidentiality of the User Account, including login details and password. The user agrees to immediately notify the Company about allegedly unauthorized use of the User Account or any other security breach related to the User Account.

4. Fees and payments

4.1 Trial Period. The Services can be used free of charge for a period of 7 consecutive days (the “Trial Period”) commencing on the date of the creation of the User Account and submission of the requested payment details. Please note that we do not charge your payment method during the Trial Period. After the expiration of the Trial Period, the provision of the Services will continue automatically, unless cancelled by the user before the expiration of the Trial Period. The default subscription plan that is activated upon the expiration of the Trial Period is a monthly membership plan subject to the Billing Period. At any time, the user can upgrade the default subscription plan to a a full membership plan through the User Account. If the user does not wish to continue using the Services after the Trial Period expires, the user has to cancel the Trial Period  through the User Account before the Trial Period expires. If cancelled by the user, the Services will be automatically terminated after the expiration of the Trial Period.

4.2 Fees. The use of the Application is subject to the applicable subscription fees (the “Fees”). The schedule of the Fees is available at https://deepcoin.com/join. The Fees are indicated in United States dollars (USD) and exclude VAT and other applicable taxes. The Fees remain valid as long as they are indicated on the Application or communicated to the user in writing. The Fees are subject to change and may be amended by the Company by giving a 7-days prior written notice to the user by email or through the User Account. The Fees may change due the introduction of new features of the Services, changes in the restrictions applicable to the Services, and application of new pricing models. The changes of the Fees become applicable at the beginning of the following monthly billing period (the “Billing Period”). The difference between the Fees and the updated Fees is not refundable.   

4.3 Billing Period. A Billing Period is a time period of 1 calendar month commencing on the date of conclusion of the definitive contract for the Services between the user and the Company (i.e. after the Trial Period expires) by electronic means through the Application. The Billing Period recurs automatically, unless cancelled by the user in advance.

4.4 Payments. All payments related to the Application, including the Fees, will be processed by our third party payment processor, Paddle (“Paddle”). You agree not to hold the Company liable for payments that do not reach us because you have quoted incorrect payment information or Paddle refused your payment for any other reason. Please note that Paddle may collect from you some personal data, which will allow it to make the payments requested by you. Please note that we neither store nor process your credit/debit card information. Paddle handles all the steps in the payment process on its website, including data collection and data processing.

4.5 Failure to pay. If you fail to pay the Fees on the first day of the Billing Period, we reserve the right to suspend your User Account and your use of the Services. The User Account and the provision of the Services shall be reactivated if you pay the Fees due within the time period of 14 calendar days commencing on the suspension of the User Account and the Services. Should you fail to pay the Fees due within the 14-days time period, your User Account and the provision of the Services shall be deactivated.

4.6 Cancellation. The use of the Application and the Services can be cancelled at any time through the User Account. The Services will be terminated before the following Billing Period commences.

4.7 Refunds. The Fees paid by you for the Application are non-refundable. Unless otherwise required by law, the Company will not provide any refunds of the Fees paid by you for using the Application and the Services, including the Fees for partially used periods. If you are unsatisfied with the quality of the Services, please contact the Company by using the contact details mentioned in Section 16 “Contact information” of these Terms.

5. Privacy

5.1 We respect your right to privacy and comply with applicable data protection laws. Therefore, we kindly request you to read our Privacy Policy available at https://www.iubenda.com/privacy-policy/67124113, which explains our practices and procedures for collection and processing of your personal data through the Application. By using the Application, you hereby agree and acknowledge that you have read and agree with the Privacy Policy.

6. Restricted use

6.1 You agree not to use the Application and the Services in any way that:

  • Violates any applicable laws;
  • Violates these Terms;
  • Violates any intellectual property rights of others, including trademarks, service marks, trade names, design rights, copyright, and patents;
  • Spreads malware (e.g., viruses, worms, Trojan horses);
  • Is ethnically, racially, or otherwise objectionable;
  • Is sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene;
  • Advertises or encourages the use of tobacco or alcohol;
  • Advertises or encourages the use of illegal substances;
  • Spreads spam or other illegal messaging;
  • Copies, distributes, rents, resells, modifies, compromises, damages, disables, impairs, and overburdens the Application;
  • Interferes with other users of the Application;
  • Uses bots and other automated methods; or
  • Attempts to collect and disclose any data about other users of the Application.

7. Availability

7.1 The Company puts reasonable efforts to ensure that the Application is always available to you. However, the availability of the Application may be affected by factors, which may be outside of Company’s reasonable control, e.g., bandwidth problems, equipment failure, or Force Majeure events. The Company takes no responsibility for the unavailability of the Application caused by such factors.

8. Third party links and applications

8.1 The Application may contain links to websites and online sources owned by third parties. The Company is not responsible in any manner for the content of such third-party websites and sources.

8.2 The Application may integrate or link third party applications for registration, authorization, and use of the Application and the Services (e.g., Telegram and Twitter). These Terms do not apply to your use of the third party applications and such applications are subject to the terms and conditions provided by their respective operators. The Company is not responsible or liable for any matters relating to your use of third party applications through the Application.

9. Disclaimer of warranties

9.1 To the extent permitted by the applicable law, the Company provides the Application and the Services on “as available”, “as is”, and “with all faults” basis. The Company does not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of the Application and the Services. The Company hereby disclaims all warranties regarding the Application, its operation, and the Services.

9.2 By using the Application, you acknowledge that the Company may use third party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third party suppliers may be outside of Company’s control. To the maximum extent permitted by law, the Company excludes any liability for any loss or damage resulting from the acts and omissions of such third party suppliers.

9.3 Some jurisdictions do not permit the exclusion of implied warranties and limitations on the duration of the implied warranties. Therefore, this Section 9 may not apply to you.

10. Limitation of liability

10.1 Unless otherwise stated in the applicable law, the Company shall not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages arising out or in connection with the Application and the Services. You agree not to hold the Company liable to you in respect of any losses arising out of any event or events beyond Company’s reasonable control.

10.2 Company’s maximum aggregate liability under or in connection with these Terms or your use of the Application is limited to the total amount of the Fees paid by you in the past 12 months.

11. Indemnification

11.1 You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

12. Severability

12.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

13. Term and termination

13.1 The Terms enter into force on the Effective Date indicated at the top of the Terms and remain in force until terminated by the Company. The Company reserves the right, in its sole discretion, to terminate the Terms at any time by sending you a message through the Application or an email. In addition, your rights under these Terms will be automatically terminated if you do not comply with any provision of these Terms. Upon termination of the Terms, all legal rights granted to you pursuant to the Terms will terminate and you shall stop using the Application.

13.2 Breach of the Terms. If the Company believes, in its sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, the Company may:

  • Send you a formal warning;
  • Temporary suspend your User Account;
  • Delete your User Account;
  • Permanently prohibit the use of the Application and the Services; or
  • Commence a legal action against you.

14. Governing law and disputes

14.1 To the extent permitted by the applicable law, these Terms shall be governed by the laws of the Republic of Lithuania.

14.2 Arbitration. Any disputes arising out of or in relation to these Terms shall be resolved by using binding online dispute resolution proceedings. All aspects of the online dispute resolution proceedings shall be held by you in strict confidentiality.

14.3 This Section 14 does not prohibit you from submitting to a court of law any information necessary to enforce these Terms, to enforce an online dispute resolution award,  or to seek injunctive or equitable relief.

15. Copyright policy

15.1 The Company respects the legitimate rights of copyrights owners and has adopted an efficient notice and takedown procedure by which you can request us to remove content infringing your intellectual property rights.

15.2 To file a notice of infringement, you must provide a written communication by regular mail or email that contains the information specified in Section 15.3. We would like to inform you that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your copyright(s). Therefore, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may need to consult a lawyer.

15.3 In order to write a proper copyright notice, please provide the following information:

  • Identify with sufficient detail the copyrighted work that you believe has been infringed;
  • Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Provide us with information reasonably sufficient to permit us to contact you, such as your address, telephone number, and an email address;
  • Add the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
  • Add the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.

15.4 Please sign the document containing the required information and send it to the following address: UAB Nowww, J. Savickio g. 4, LT-01108 Vilnius, Lithuania or by email at complaint@deepcoin.com.

16. Remedies

16.1 Our failure to enforce these Terms does not waive our right to enforce the Terms at any time. Any remedies we have under these Terms are not exclusive of any other remedies we may have under these Terms, upon applicable law or otherwise.

17. Waiver

17.1 A failure to enforce strictly a provision of these Terms shall in no event be considered a waiver of any part of such provision. No waiver by a party of any breach or default by the other party shall operate as a waiver of any succeeding breach or other default or breach by such other party. No waiver shall have any effect unless it is specific, irrevocable and in writing.

18. Entire agreement and assignment

18.1 These Terms, the privacy policy, and other terms available on the Application constitute the entire agreement between you and the Company regarding the Services.

18.2 Your rights and obligations granted by these Terms may not be assigned, subcontracted, delegated, or otherwise transferred without obtaining Company’s prior written consent. Any of such attempt to transfer your rights and obligation without Company’s prior written consent will be declared null and void.

18.3 The Company reserves the right to assign, subcontract, delegate, or otherwise transfer its rights and obligations under these Terms, the privacy policy, and other terms available on the Application to third parties.

19. Amendment

19.1 We reserve the right to amend or modify these Terms from time to time by posting an amended version on the Website, indicating the date of the amendment, and informing you about the amendments by a notice through the User Account or an email. In case you continue using the Application after such a date of amendment, you agree to the amendments of the Terms. Please note that it is your responsibility to read these Terms before starting using the Application and regularly review the Terms for any amendments.

19.2 Last amendment. These Terms have been last amended on 28th of June 2018.

20. Contact information

20.1 You can contact us by using the following contact details:

  • Company name: UAB Nowww
  • Address: J. Savickio g. 4, LT-01108 Vilnius, Lithuania
  • Email address: support@deepcoin.com
  • Phone number: +370 67943512
  • Company registration number: 304708786
  • Company VAT number: LT100011513410