Please read these terms carefully because they apply to your use of the application (the "App") that deepdivr A/S (“deepdivr”) operates at http://www.deepdivr-app.com and the website (the “Website”) operated at https://www.deepdivr.io.
deepdivr is a Danish corporation with a business office at Strandlodsvej 6, Opgang B, 3.tv, 2300 København S.
Unless otherwise agreed in writing with deepdivr, your use of the App or Website will always be subject to, at a minimum, the terms and conditions set out in this document.
These are referred to as the "Main Terms."The Master Terms, together with any supplementary contract, form a binding legal agreement between you and deepdivr in relation to your use of the App and Website. Collectively, this legal agreement is referred to below as the "Terms".
If there is any contradiction between the supplementary contract and the Master Terms, then the supplementary contract shall take precedence.
You may only use the App and Website in accordance with these Master Terms and any applicable supplementary contracts. In particular but without limitation, you may not use the App and Website for any purpose that is unlawful or prohibited by these Master Terms or any applicable supplementary contract.
You agree to (a) provide accurate, current and complete information about you, if and as may be prompted by the registration process on the App or Website, (b) not pass your login information on to any third party, (c) be fully responsible for your use of your account. You may not set up an account or membership on behalf of another individual or entity, or pass on your account or password(s) and identification to a third party unless you are authorized to do so by deepdivr.
Your participation as a Registered User and use of the related Services can be terminated upon your breach of any of these Master Terms or applicable supplementary contract.
Your license period will be auto renewed by the end of each period. If you wish to terminate your license, you must do so by submitting an email with termination request to firstname.lastname@example.org with the subject "termination" in the email. The termination request must be made no later than one month before auto renewal date.
In addition, for non-paying users not tied by a supplementary contract, deepdivr may, at any time: modify or change your access to the App or Website for any reason; and interrupt related the App and Website for any reason, all as deepdivr deems appropriate in its discretion.
In connection with its provision of the Services, deepdivr may, subject to its compliance with applicable data protection laws, collect, consolidate and analyze your data (the "Data"). You hereby grant deepdivr a non-exclusive, perpetual, Worldwide license to use your Data in aggregated formats for the purpose of improving deepdivr's products, creating benchmarks, statistical, research and marketing analyses, surveys, reports and studies.
To the fullest extent permitted by the applicable law, deepdivr offers the App and Website as-is and makes no representations or warranties of any kind concerning the App or Website, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement. deepdivr does not warrant that the functions or content contained on the App or Website will be uninterrupted or error-free, that defects will be corrected, or that deepdivr’s servers are free of viruses or other harmful components. deepdivr does not warrant or make any representation regarding use or the result of use of the content in terms of accuracy, reliability, or otherwise.
The information is kept for the time allowed by law and we delete them when they are no longer necessary. The period depends on the extent required by applicable law and in no event will deepdivr, its employees, officers, directors, affiliates or agents (the "deepdivr Parties") be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the App or Website, even if the deepdivr Parties have been advised of the possibility of such damages.
The deepdivr Parties shall not be responsible or liable whatsoever in any manner for any content posted on the App or Website (including claims of infringement relating to content posted on the App or Website, for your use of the App or Website, or for the conduct of third parties. nature of the information and the background for storage. Therefore, it is not possible to specify a general timeframe for when information is deleted.
You agree to indemnify and hold harmless the deepdivr Parties (defined above) from and against any and all loss, expenses, damages, and costs, whether directly or indirectly, arising out of your use of the App or Website, including but not limited to your violation of this Agreement or the Terms. You also agree to indemnify and hold harmless the deepdivr Parties from and against any and all claims brought by third parties arising out of your use of any of the App or Website and the content you make available via any of the App or Website by any means, including without limitation through a posting, a link, reference to content, or otherwise.
The App and Website may contain trademarks, service marks, logos and other names and marks that are the property of deepdivr or such other party as indicated with respect to that name or icon. The use of deepdivr's trademarks, logos and icons is prohibited except with formal written agreement by deepdivr.
This Agreement does not transfer from deepdivr to you any deepdivr or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with deepdivr. deepdivr, the deepdivr logo and all other trademarks, service marks, graphics and logos used in connection with deepdivr, or the App and Website are trademarks or registered trademarks of deepdivr or deepdivr's licensors. Other trademarks, service marks, graphics and logos used in connection with the App or Website may be the trademarks of other third parties. Your use of the App or Website grants you no right or license to reproduce or otherwise use any deepdivr or third-party trademarks.
This is an agreement for services and you are not granted any license hereunder. All software embedded in the Services and in the application developed, owned or controlled by deepdivr (as applicable) (the "Software"), and the Services, are and shall remain the sole and exclusive property of deepdivr. You agree that you will not directly or indirectly: (i) assign, distribute, license, sublicense, transfer, sell, rent, lease, time-share, grant a security interest in, or otherwise transfer any rights in or to the Software, or make the Software available to third parties except as authorized by this Agreement; (ii) modify, translate, reverse engineer, decompile or disassemble the Software for any purpose, including, without limitation, the creation of derivative works or similar products; (iii) upload, link to or post any portion of the Software on a bulletin board, intranet, extranet or website; or (iv) possess or use the Software in any format other than machine-readable format.
The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.
These Master Terms and any Supplementary Terms are governed by and construed by the laws of Denmark, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between deepdivr and you concerning these Master Terms, any supplementary contract, and/or any of the App or Website shall be brought in court of competent jurisdiction sitting in Copenhagen, Denmark, and hereby consent to the personal jurisdiction and venue of such court. Either party's failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and deepdivr as a result of these Master Terms, any supplementary contract, or your use of any of the App or Website. These Master Terms and any applicable supplementary contract constitute the entire agreement between you and deepdivr relating to this subject matter and supersede all prior communications between you and deepdivr.