Terms and Conditions

The following Terms and Conditions govern your use of the content available at or through the E-deeplink website (the “Site”) and the E-deeplink Soft (the “Soft”), owned and operated by E-deeplink. By using the Site and/or the Soft, you irrevocably agree that such use is subject to these Terms and Conditions. If you are entering into these Terms and Conditions on behalf of an entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our Soft to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the Site or the Soft. Violation of any of the terms below will result in the termination of Soft usage. Definitions: “Soft” means E-deeplink Soft, namely, "E-deeplink". which can be found here: https://e-deeplink.net/. “Site” means E-deeplink website at the following link: https://e-deeplink.net/. “Account” means E-deeplink Account created automatically by the E-deeplink according to the Account Terms mentioned in these Terms and Conditions. “You” (your, yours, etc.) means the visitor of the Site, the applicant for the Soft usage, the Soft user. “We” (us, our, etc.) or “E-deeplink” also known as E-deeplink (dba E-deeplink). “E-deeplink trademarks” means “E-deeplink”, “e-deeplink.net” and E-deeplink logos and such other names, logos, trade names, trademarks, service marks, trade dress, design marks, brands, copyrights in any designs and other copyrightable subject matter of E-deeplink.

1. GENERAL TERMS

1.1. Acceptance of Terms

1.1.1. By using our Soft you automatically agree with, and accept all of the terms and conditions contained in the Privacy Policy and the Terms and Conditions before you become a user.

1.1.2. The failure of E-deeplink to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.The Terms and Conditions incorporate the entire agreement between you and E-deeplink and govern your use of the Soft, superseding any prior agreements between you and E-deeplink (including, but not limited to, any prior versions of the Terms and Conditions).

1.1.3. You may not assign your E-deeplink user`s rights or obligations under these Terms and Conditions without E-deeplink`s prior express written consent.

1.1.4. Should a provision of these Terms and Conditions be invalid or become invalid then the legal effect of the other provisions shall be unaffected. A valid provision is deemed to have been agreed which comes closest to what the parties intended commercially and shall replace the invalid provision. The same shall apply to any omissions.

1.2. Modification of Terms

1.2.1. E-deeplink reserves the right, at its sole discretion, to modify, add or remove portions of these Terms and Conditions at any time. Any modifications, such as augmentation or enhancement of the current Soft, including the release of new tools and resources, shall be subject to the Terms and Conditions. Your continued use of the Soft shall constitute acceptance of the Terms and Conditions as modified.

1.3. Copyright, Content Ownership, Trademarks.

1.3.1. We claim no intellectual property rights over the data you provide to the Soft. Your profile and data uploaded remain yours. When taking part in surveys or providing testimonials, you agree to allow E-deeplink to publish the Data without your prior consent.

1.3.2. E-deeplink does not pre-screen Data, but E-deeplink and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Data that is available via the Soft.

1.3.3. The look and feel of the Soft is copyright© 2020-2022 E-deeplink, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without written permission from E-deeplink.

1.3.4. You recognize E-deeplink`s right, title, and interest in and to all E-deeplink trademarks used by E-deeplink and agree not to engage in any activities or commit any acts, directly or indirectly, that may contest, dispute, or otherwise impair the E-deeplink`s right, title, and interest therein, nor shall you cause diminishment of value of E-deeplink trademarks through any act or representation.

1.3.5. E-deeplink shall own all worldwide right, title, and interest (including copyright and other proprietary or intellectual property rights) in and to the Code Content of the E-deeplink Soft.

1.3.6. You understand and agree that E-deeplink Soft is proprietary software and is delivered as a SaaS (Software as a Service) model only. E-deeplink Soft may not be transferred, altered, copied or duplicated in any way or for any reason and may only be used by you if you pay for E-deeplink Soft usage according to these Terms and Conditions.

2.SOFT SPECIFIC TERMS

2.1. Acceptance of Soft

2.1.1. Your use of the Soft is at your sole risk. The Soft are provided on an “as is” and “as available” basis.

2.1.2. While E-deeplink prohibits offensive conduct and content on the Site and Soft, you understand and agree that E-deeplink cannot be held responsible for the information you might be exposed to.

2.1.4. You expressly understand and agree that E-deeplink shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if E-deeplink has been advised of the possibility of such damages) resulting from:

- the use or the inability to use the Soft;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Soft;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the Soft.

2.1.5. E-deeplink does not warrant that the Soft will meet your specific requirements, be uninterrupted or error-free.

2.1.6. E-deeplink reserves the right, but not the obligation, to verify the correctness, authority and legality of your use of the Soft.

2.1.7. E-deeplink maximum aggregate liability to you arising out of or in connection with these Terms and Conditions is limited to the total amount of the fees paid by you to E-deeplink under these Terms and Conditions.

2.2. Modification of Service

2.2.1. E-deeplink reserves the right to modify or terminate the Soft for any reason, without notice at any time.

2.2.2. We may, but have no obligation to, remove data and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party`s intellectual property or these Terms and Conditions.

2.2.3. All prices for the Soft are subject to change without prior notice from E-deeplink. If such notice is due, it may or may not be provided at any time by E-deeplink or the Soft itself.

2.2.4. E-deeplink shall not be liable to you or to any third party for any modifications, price change, suspension or discontinuance of the Soft.

2.3. User Obligations

2.3.1. You must not modify, adapt or hack the Soft or modify another website so as to falsely imply that it is associated with the Soft, E-deeplink as a company, or any other E-deeplink service, application, or product.

2.3.2. You agree not to reproduce, duplicate, copy, or exploit any portion of the Soft, usage of the Soft, or access to the Soft without written permission from E-deeplink.

2.3.3. You must not upload, post, host, or transmit unsolicited e-mail, SMS, or “spam” messages through or to the Soft, or on the Site.

2.3.4. You must not transmit any worms or viruses or any code of a destructive nature through the Soft or Site. You must not misuse the Site or the Soft by knowingly introducing any type of malicious software (namely, “web crawlers”, “web robots”, “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” “worm,” “spyware”, or “adware”, or other code which is malicious or technologically harmful, as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing or facilitating, any of the following functions: disrupting, disabling, harming, or otherwise impeding in any manner the operation of, or providing unauthorized access to, the Soft, or the Site, or a computer system, or network, or another device on which such code is stored or installed. You must not attempt to gain unauthorized access to the Soft, or the Site, or the server on which the Site is stored or any server, computer or database connected to the Site or the Soft. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. In the event of such a breach, your right to use the Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other malicious software that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or the Soft, or to your downloading of any material posted on the Site, or on any website linked to the Site.

2.3.5. If you become aware of any issues with the Soft that result in the improper functioning of the Soft, you are bound to inform E-deeplink instantly. If no such notice is provided, the Soft cannot be held responsible for the due consequences.

2.3.6. E-deeplink guarantees the highest Soft security standards, therefore you are obliged to follow the highest level of security and control of any third-parties or hostile software on your part. Any kind of inobservance of the rules will result in our inability to provide with high-level service, for which E-deeplink shall not be held responsible.

2.3.7. You shall not perform the following actions when using the Soft or the Site, because your performance of any of the following actions is a violation of this Terms and Conditions:

1. Receiving, processing, storing or disseminating through the Soft any information data that: violates applicable law; infringe anyone`s intellectual property rights; violate the rights and legitimate interests of third parties; contain materials of erotic, pornographic or offensive nature; contribute to incitement to religious, racial or ethnic hatred.
2. Committing acts that violate the rights, freedoms, honor and dignity of any person. Illegal collection, systematization, storage or dissemination of personal information.
3. Registration of the Account on behalf of or instead of another person without its proper legal authority. Allowing to use the Account to third parties. Attempt to obtain or gain access to the Account of another user of the Soft in any way, including, but not limited to, by deception, abuse of trust.
4. Attempt to obtain or obtaining of unauthorized access to the Site, Soft, or its software code.

2.4. Deep Link Usage Policy. Account Terms.

2.4.1. Deep link - that special link for opening link in apps in iOS and Android.

2.4.2. During Soft usage you are bound to meet the following terms:

1. You must be major (18 years or older) to use the Site or the Soft;
2. You must be a human. Soft registered by “bots” or other automated methods are not permitted;
3. You must provide Account information (namely, your a valid email address and any other information requested in order to complete the Soft signup process);
4. E-deeplink cannot and will not be liable for any loss or damage from your failure to comply with this security obligation;
5. You are responsible for all the Data posted and activity that occurs during Soft usage;
6. You may not use your Soft for any illegal or unauthorized purpose. You must not, in the use of the Soft, violate any laws in your jurisdiction (including but not limited to copyright laws).

2.4.3. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any E-deeplink customer, employee, member, or officer will result in immediate Soft usage termination.

2.4.4. E-deeplink, in its sole discretion, has the right to refuse any and all current or future use of the Soft, or any other E-deeplink service, for any reason at any time. E-deeplink reserves the right to refuse Soft to anyone for any reason at any time.

2.5. Support Terms

2.5.1. Technical support is available via email and/or live chat. Guaranteed response period is 24 hours (business days only). Actual response period may vary.

2.5.2 The Voice calls may be received by the Support Team of Partner Company that exclude technical support issues. The answers to the questions given via such calls are provided by email.

2.5.3. Questions about the Terms and Conditions should be sent to support@e-deeplink.net

2.5.4. You must provide a timely response to the requests from the Service Support Team. If we do not hear from you for 10 calendar days, we consider the issue in question exhausted. In this case, we reserve the right to act on the problem using our own judgment or based on the previous agreement.

2.6. App Service Quality

2.6.1. The Soft do not guarantee proper data extraction of information handled from bad quality phone modules and/or conditions.

2.7. Payment and Refund Terms

2.7.1. All the prices for the Service (Soft usage) are provided in US currency (USD).

2.7.2. The fees for the Soft usage are billed in advance and may be refundable.

2.7.3. Billing and refund are made according to Stripe Terms of Service.

2.7.4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for the payment of all additional financial contributions.

3. NON-SOLICITATION. NON-COMPETITION.

3.1. You shall not solicit E-deeplink`s employees during the term of the contractual relations between the Parties.

4. GOVERNING LAWS. DISPUTE RESOLUTION

4.1. These Terms and Conditions shall be governed by the laws of Ukraine. These Terms and Conditions shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

4.2. If not settled by the negotiations, any dispute, controversy or claim arising out of or relating to this Terms and Conditions, including the conclusion, interpretation, execution, breach, termination or invalidity thereof, shall be settled by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules. The number of arbitrators shall be one. The place of arbitration shall be Kyiv, Ukraine. The language to be used in the arbitral proceedings shall be English.