Deep Instinct’s Website: Terms of Use.
Last Updated: May 2023
INTRODUCTION.
www.deepinstinct.com (the “Website”), is owned and operated by Deep Instinct Ltd. including all its affiliated companies including Deep Instinct (USA) Inc., Deep Instinct (UK) Limited, Deep Instinct K.K., and Deep Instinct (Germany) GmbH (“Deep Instinct”, “Company”, “We”, “Us”, or “Our”). Please read the following Terms of Use (or “Terms”) carefully as these terms serve as a binding contract between You (“You”, or “Your” as defined in Section 2) and Deep Instinct regarding Your access and use of the Website. By accessing or using Our Website’s services, information, content, documentation, (collectively “Content”), presented to You on the Website, and (if applicable) Our Product (as defined in Section 3), You acknowledge that you have read, understood, and agree to be bound by these Terms. If You are not eligible (pursuant to Section 2 of these Terms of Use), please discontinue use and/or access of Our Website as You will be violating its Terms.
Any amendments or changes to these Terms of Use may be made from time to time without any notice to You. Please revisit these Terms of Use to review any changes and/or updates to its terms. If You no longer agree to the changed or different terms that may have been updated, please discontinue use and/or access of the Website. This Agreement may not otherwise by amended.
ELIGIBILITY.
By agreeing to the Terms of this Website, You represent that You are: (a) at least eighteen (18) years of age; (b) You are legally permitted to: (i) access and use the Internet and Our Website in Your jurisdiction; and/or territory and (ii) have not violated any law of that applicable jurisdiction and/or territory; (c) if You are: (i) an individual visiting the Website; and/or (ii) are acting on behalf of a company (“You” or “Your”), by accessing or using Our Website, You are representing that You agree on Your own behalf, the company’s behalf, or other legal entity, that You are authorized to be bound by these Terms of Use of Our Website which also incorporates Our Privacy Policy; and (d) You have read, understood, and agree to the Terms set forth herein and agree to abide by all applicable law for Our Website’s access and use.
OUR WEBSITE & PRODUCT.
Deep Instinct is a provider of a cybersecurity platform and services, which apply end-to-end deep learning to cybersecurity, using neural networks and similar technologies for Your benefit to predict and prevent cybersecurity threats such as malware, zero-days, ransomware, and APT attacks (Our “Product”). Our Website provides Content that is informative, educational and promotional on and about Our Company, and Our Product. We currently do not offer a direct download of Our Product from Our Website and to the extent applicable, We provide Our Product directly to You subject to additional terms and conditions which are delineated in other agreements including Our license agreement that accompanies each sale of Our Product.
OWNERSHIP, PROPRIETARY RIGHTS & PROHIBITED USES.
Our Website, the Content therein, and our Product, are proprietary to Us and/or Our licensors. All intellectual property rights related to Our Website, the Content therein, and Our Product are and shall remain Our exclusive property or Our licensors’. Nothing in this Website grants any license or right to use any marks displayed on this Website without the written permission of the owner of the mark. Your misuse of the marks displayed on this Website or any other Content on this Website is strictly prohibited. Without derogating from any of the provisions herein, You agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Website, or its Content (or any part thereof relating to the underlying Product), other than as expressly authorized by Deep Instinct. All trademarks, service marks, product names, and trade names of Deep Instinct appearing on or through the Website, its Content and (to the extent applicable) Our Product, are exclusively owned by Deep Instinct. All other trademarks, service marks, product names, and logos appearing on or through the Website, and/or its Content are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Website, and/or its Content without the owner’s prior written consent.
Furthermore, the Website is intended for use by natural persons. Any access or use of the Website by any automated means including but not limited to spiders, bots, and/or “scrapers” is prohibited. Any use of any information collected by such automated means constitutes a violation of these Terms of Use. Any use of the Website or any parts thereof or information therein for any commercial purposes is prohibited.
Strictly prohibited uses of the Website also include, but is not limited to: (a) using the Website for illegal purpose; (b) gaining unauthorized access to Our data; (c) altering or modifying another website to falsely imply that it is associated with Our Website; (d) using or exporting Our Website, its Content, or (to the extent applicable) Our Product in violation of applicable export laws and regulations; (e) using the Website, its Content, or (to the extent applicable) Our Product to transmit information that could be deemed unlawful, threatening, harassing, or otherwise inappropriate; (f) enable third-parties to violate these Terms of Use; (g) breaching or attempting to breach the Website’s security systems; (h) violating anyone else’s legal rights (i.e., privacy rights) and/or any laws (i.e., copyright) in the jurisdiction or territory; and/or (i) failing to ensure that You or the users on Your behalf of the Website are at least eighteen (18) years of age or older.
LEGAL COMPLIANCE.
You understand and agree that all information You submit or transmit by accessing or use of this Website fully complies with applicable law. You agree that You are the exclusive owner and/or have the proper licenses or consents of any information or data You may provide when accessing or using Our Website. We shall not be liable for Your misuse of Your data or violation of any applicable law, and We shall not be held liable for infringement of any intellectual property rights of third parties. Deep Instinct reserves the right to revoke or restrict Your access or use of Our Website, and/or Our Product if You have violated these Terms of Use or any applicable law.
The Website, its Content, and/or Our Product may be subject to applicable export and/or import regulations. You acknowledge and agree that You will not permit any access or use this Website or its Content in or from a U.S. embargoed country or in violation of any export or import law in any jurisdiction.
THIRD PARTY WEBSITE LINKS.
This Website may contain links and references to websites of others. We may, from time to time, at our sole discretion, add or remove links to other websites. These links are provided solely for informative purposes and as a convenience to You. Access to any such websites is at Your own risk. We recommend that You review the information provided by third parties (such as, but not limited to, the terms of use and privacy policy of the relevant website) before accessing such websites. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. In no event shall We be responsible for the information contained in such websites, their practices, or for Your use, of or inability to use, such websites, or transmissions received from such websites. We shall not bear any liability arising from Your use of third-party website. We encourage You to read the terms and conditions and privacy policies of such third-party website/s that You visit.
DISCLAIMERS; NO WARRANTIES.
THE WEBSITE, ITS CONTENT, AND ANY PRODUCT OFFERED THROUGH IT IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER DEEP INSTINCT, ITS SUBSIDIARIES, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE OR ANY PORTION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCT, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
THE WEBSITE OFFERS CONTENT ABOUT THE COMPANY AND ITS PRODUCT, INCLUDING A KNOWLEDGE BASE IN WHICH THE COMPANY MAY UPLOAD CERTAIN DOCUMENTS OR PRESENTATIONS. SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE WEBSITE DOES NOT, AND IS NOT, INTENDED TO PROVIDE ANY REPRESENTATION OR WARRANTIES AS TO THE PRODUCT, ITS CAPABILITIES, AND/OR ITS USE. ALL SUCH INFORMATION IS SPECIFICALLY PROVIDED IN THE DOCUMENTATION ACCOMPANYING THE COMPANY’S PRODUCT AND SUCH DOCUMENTATION IS THE ONLY SOURCE OR REPRESENTATION AND WARRANTIES AS WITH RESPECT TO THE COMPANY’S PRODUCT. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE THE COMPANY’S PRODUCT DOCUMENTATION. DEEP INSTINCT IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON YOUR PART BASED ON THE INFORMATION THAT IS PRESENTED ON THE WEBSITE. YOU ASSUME THE RISK BY YOUR ACCESS AND USE OF THE WEBSITE CONTENT AND SERVICES AS DESCRIBED HEREIN.
TERM & TERMINATION.
These Terms of Use shall be effective as of the date You acknowledge and agree to be bound by these Terms set forth herein and shall remain in effect for as long as You continue to access and use Our Website and/or its Content (“Term”). Upon termination of the Term, You shall not be permitted to use or access the Website and/or its Content. Notwithstanding the foregoing, provisions of these Terms relating to Sections, 4, 5, 7, 9, & 10 shall survive any expiration or termination of these Terms of Use.
LIMITATION OF LIABILITY & INDEMNIFICATION.
IN NO EVENT SHALL DEEP INSTINCT OR OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING OR IN CONNECTION TO OUR WEBSITE, AND/OR ITS CONTENT OR THESE TERMS OF USE, AND YOUR ACCESS AND USE THEREOF, HOWEVER ARISING. IF YOU ARE DISSATISFIED WITH THE WEBSITE, AND/OR ITS CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. WITHOUT DEROGATING FROM ANY OF THE FOREGOING, OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS, IF ANY, IN CONNECTION WITH THE WEBSITE, AND ITS CONTENT, WILL NOT EXCEED USD $100. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN US AND YOU.
YOU SHALL BE RESPONSIBLE FOR INDEMNIFICATION TO DEEP INSTINCT AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER SUPPLIERS FOR ANY LOSSES OR DAMAGES THAT WE INCUR AS A RESULT OF A VIOLATION OF THESE TERMS OF USE INCLUDING, BUT NOT LIMITED TO: (A) YOUR MISUSE OF OUR WEBSITE; (B) VIOLATION OF ANY SEVERED PORTION OR PROVISION OF THESE TERMS OF USE; AND/OR (C) ANY DISPUTE BETWEEN YOU AND ANY THIRD-PARTY ARISING OUT OF, AND RELATING TO, THE USE AND/OR ACCESS OF OUR WEBSITE.
PRIVACY POLICY.
Any information submitted by You to access and use Our Website, its features, and content that We may collect and use about You, is subject to the terms of Our Privacy Policy. By accessing and using this Website, You understand and agree to the terms set forth in Our Privacy Policy.
GOVERNING LAW.
If You are located in the U.K. or EMEA, then these Terms of Use shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of laws principles, and all claims arising out of, or relating to, these Terms shall be brought exclusively in the courts of England and Wales; If You are located in Japan, then these Terms shall be governed by and construed in accordance with the laws of Japan without regard to conflict of laws principles, and all claims arising out of, or relating to, these Terms shall be brought exclusively in the courts of the Tokyo District Court; If You are located in any other country, then these Terms shall be governed by and construed in accordance with the laws of the State of New York, notwithstanding its conflicts of law principles, and all claims arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in New York. The parties waive any right to a jury trial in any litigation arising out of or relating to these Terms. The parties agree that the UN Convention on Contracts for the International Sale of Goods (CISG, Vienna, 1980) shall not apply to these Terms of Use.
GENERAL.
The failure of Deep Instinct to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any of the provisions of these Terms are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. When You contact Us by sending emails to Us, You are communicating with Us electronically and You consent to receive communications from Us electronically. We will communicate with You by email (if and to the extent you choose to provide with Your e-mail address) or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
For further information regarding use or access of Our Website, or service issue(s) relating to Our Website and/or its Content, please contact Us at: info@deepinstinct.com.