Terms of Service
Last Updated: September 1, 2024
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the DeepXL API and related services (the "Service") operated by DeepXL Corp ("us", "we", "our", or "Company").
1. Definitions
1.1. "Service" means the DeepXL API and related services for deepfake detection.
1.2. "User" means any individual or entity that accesses or uses the Service.
1.3. "User Content" means any information, text, graphics, videos, or other material submitted to the Service by Users.
1.4. "API Request" means a call made to the DeepXL API to analyze content for potential deepfakes.
1.5. "Subscription Plan" refers to the specific service package a User has selected, including associated features, limitations, and pricing.
1.6. "Documentation" means the technical and user documentation provided by DeepXL for the Service.
2. Acceptance of Terms
2.1. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access or use the Service.
2.2. These Terms apply to all visitors, Users, and others who access or use the Service.
2.3. By using the Service, you represent and warrant that you have the legal capacity to enter into these Terms.
3. Description of Service
3.1. DeepXL provides an API-based deepfake detection service. Our Service uses artificial intelligence to analyze videos for potential manipulation or synthetic content.
3.2. The Service is provided on an "as is" and "as available" basis. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
4. API Usage and Restrictions
4.1. You agree to use the API in compliance with our Documentation and any usage limits specified in your Subscription Plan.
4.2. You may not: a. Reverse engineer or attempt to extract the source code of our Service b. Use the Service for any illegal purposes c. Interfere with or disrupt the integrity or performance of the Service d. Attempt to gain unauthorized access to the Service or its related systems or networks e. Use the Service to transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature f. Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service g. Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service
4.3. We reserve the right to monitor your use of the Service to ensure compliance with these Terms.
4.4. We may suspend or terminate your access to the Service if we determine, in our sole discretion, that you have violated these Terms.
5. Account Registration
5.1. You must register for an account to use our Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
5.2. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
5.3. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
5.4. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
6. Pricing and Payment
6.1. Fees for the Service are described on our pricing page. We reserve the right to change our fees upon 30 days notice.
6.2. You agree to pay all fees associated with your use of the Service. Failure to pay fees may result in the suspension or termination of your account.
6.3. Unless otherwise agreed in writing, fees are quoted and payable in United States Dollars.
6.4. If you dispute any charges you must let us know within sixty (60) days after the date that we invoice you.
6.5. We use third-party payment processors to bill you through a payment account linked to your account. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms.
6.6. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
6.7. Failure to pay fees may result in the suspension or termination of your account. We will provide notice at least 7 days before suspension for non-payment.
6.8. Late payments will incur a fee of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower.
6.9. Refunds for subscription cancellations will be prorated based on the unused portion of your subscription, unless otherwise stated in your specific Subscription Plan.
7. Privacy and Data Protection
7.1. Our use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
7.2. You are responsible for obtaining necessary consents for the processing of any personal data you submit to our Service. However, DeepXL commits to processing all data in compliance with applicable data protection laws, including GDPR for EU residents' data.
7.3. While we cannot guarantee absolute security during data transmission through your network providers, DeepXL implements industry-standard security measures to protect your data. This includes encryption of data in transit and at rest, regular security audits, and strict access controls.
7.4. DeepXL stores all user data in secure, ISO 27001 certified data centers located in the United States. We do not transfer user data outside of the US unless explicitly requested and agreed upon.
7.5. A detailed Data Processing Agreement (DPA) is available upon request for users who require it, particularly those subject to GDPR or similar regulations.
8. Intellectual Property Rights
8.1. The Service and its original content, features, and functionality are owned by DeepXL Corp and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2. You retain all rights to the content you submit to the Service for analysis. By submitting content to the Service, you grant us a limited, non-exclusive, royalty-free license to use, reproduce, and process the content solely for the purpose of providing the Service to you and improving our AI models. We will not use your content for any other purpose without your explicit consent.
8.3. Our AI models are trained on a combination of publicly available data and anonymized, aggregated user data. No individual user's data can be reconstructed or identified from our models.
8.4. You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as incidental to normal web browsing or as expressly permitted in these Terms.
8.5. The DeepXL name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DeepXL Corp or its affiliates or licensors. You must not use such marks without our prior written permission.
9. User Content and Conduct
9.1. Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post to the Service, including its legality, reliability, and appropriateness.
9.2. By posting User Content on or through the Service, you represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
9.3. You retain any and all of your rights to any User Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
9.4. We reserve the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is illegal, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.
9.5. We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
10. Acceptable Use Policy
10.1. In addition to the restrictions outlined in Section 4, you agree not to use the Service:
a. For any unlawful purpose or to solicit the performance of any illegal activity b. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances c. To infringe upon or violate our intellectual property rights or the intellectual property rights of others d. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate e. For mass surveillance or in violation of human rights f. To submit false or misleading information g. To upload or transmit viruses or any other type of malicious code h. To collect or track the personal information of others i. To spam, phish, pharm, pretext, spider, crawl, or scrape j. For any obscene or immoral purpose k. To interfere with or circumvent the security features of the Service
10.2. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
11. Disclaimer of Warranties
11.1. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
11.2. DeepXL Corp, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
11.3. While we strive for high accuracy, our deepfake detection is probabilistic in nature. We do not guarantee 100% accuracy in all cases. The Service should be used as a tool to assist in deepfake detection, but should not be relied upon as the sole means of verification.
12. Limitation of Liability
12.1. To the maximum extent permitted by applicable law, in no event shall DeepXL Corp, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service.
12.2. To the maximum extent permitted by applicable law, DeepXL Corp assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; and/or (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Service.
12.3. In no event shall DeepXL Corp, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct damages in excess of (in the aggregate) of the greater of (a) the amount paid by you to DeepXL Corp for the Service in the twelve (12) month period immediately preceding the event giving rise to the claim, or (b) $100.00 USD.
12.4. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if DeepXL Corp has been advised of the possibility of such damage.
13. Indemnification
13.1. You agree to defend, indemnify and hold harmless DeepXL Corp and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) User Content posted on the Service.
14. Termination
14.1. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
14.2. For paid accounts, we will provide at least 30 days notice before termination unless the termination is due to a material breach of these Terms, in which case termination may be immediate.
14.3. If you wish to terminate your account, you may simply discontinue using the Service. For paid accounts, please contact our support team to process your cancellation and discuss any applicable refunds.
14.4. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
15. Changes to Terms
15.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
15.2. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
16. Governing Law and Jurisdiction
16.1. These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
16.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
16.3. For any dispute arising out of or relating to these Terms or the Service, you agree to first try to resolve the dispute informally by contacting us. If we are unable to resolve the dispute informally, we both agree to resolve the dispute through binding arbitration in San Francisco, California, using the American Arbitration Association's rules.
17. Entire Agreement
17.1. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
18. Changes to Service
18.1. We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.
19. Geographic Restrictions
19.1. The Service is based in the state of California in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries.
20. Customer Support
20.1. We will provide customer support for the Service as specified in your Subscription Plan. Support may be provided via email, ticketing system, or other means as we deem appropriate.
20.2. Response times for support inquiries will vary based on the severity of the issue and your Subscription Plan.
20.3. We reserve the right to refuse support if you are in breach of these Terms or your use of the Service is deemed abusive or excessive.
21. Service Level Agreement (SLA)
21.1. DeepXL commits to a 99.9% uptime for the Service, measured on a monthly basis.
21.2. In the event that we fail to meet this uptime commitment, we will provide service credits as follows:
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99.0% to 99.9% uptime: 10% of monthly fee credited
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95.0% to 98.9% uptime: 25% of monthly fee credited
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Less than 95.0% uptime: 50% of monthly fee credited
21.3. To receive service credits, you must request them by contacting our support team within 30 days of the end of the month in which the downtime occurred.
21.4. The SLA does not apply to any scheduled maintenance, which will be communicated at least 48 hours in advance.
21.5. This SLA does not apply to factors outside our reasonable control, including any force majeure event, Internet access issues, or problems with your own equipment.
22. Force Majeure
22.1. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
23. Assignment
23.1. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
23.2. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
24. Notices
24.1. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by us via email (in each case to the address that you provide) or (ii) by posting to the Service.
24.2. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
25. Feedback
25.1. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Service ("Feedback"). You may submit Feedback by emailing us at hello@deepxl.ai.
25.2. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
26. Export Control
26.1. You may not use, export, import, or transfer the Service except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Service may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List.
26.2. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Service for any purposes prohibited by United States law.
27. U.S. Government Rights
27.1. Our services are "commercial items" as defined in Federal Acquisition Regulation ("FAR") 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense ("DOD"), our services are subject to the terms of these Terms of Service in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data).
27.2. If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Service in accordance with Defense Federal Acquisition Regulation ("DFARS") 227.7202‑3. No other DFARS provisions apply to our services.
28. Cookie Policy
28.1. Our use of cookies is governed by our separate Cookie Policy, which is incorporated into these Terms by reference.
29. Contact Us
If you have any questions about these Terms, please contact us at:
DeepXL Corp 166 Geary St 1500 San Francisco, California 94108 United States Phone: +1 6506956860 Email: hello@deepxl.ai
By using our Service, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.