Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (whether an individual or entity) and deplate, Inc. ("deplate," "we," "us," or "our") governing your access to and use of the deplate website, services, and applications (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by updating the date at the top of these Terms and, in some cases, provide additional notice (such as adding a statement to our website or sending you a notification). Your continued use of the Services after such changes indicates your acceptance of the revised Terms.

3. Account Registration and Security

To use certain features of our Services, you may need to register for an account. 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.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. Subscription and Payments

4.1 Subscription Plans

deplate offers various subscription plans, including a free plan with limited features and paid plans with additional features. The specific features and limitations of each plan are described on our website.

4.2 Payment Terms

For paid subscriptions, you agree to pay all fees in accordance with the payment terms in effect when you subscribe. All payment obligations are non-cancelable, and fees paid are non-refundable, except as expressly provided in these Terms.

4.3 Subscription Renewal

Paid subscriptions automatically renew for the same subscription term unless you cancel your subscription before the end of the current term. You can cancel your subscription at any time through your account settings or by contacting us.

4.4 Price Changes

We reserve the right to change our prices at any time. If we change the pricing for your subscription, we will provide notice of the change on our website or by email at least 30 days before the change takes effect.

5. Service Usage and Limitations

5.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including "spam" or any other similar solicitation
• To impersonate or attempt to impersonate deplate, a deplate employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm deplate or users of the Services

5.2 Usage Limitations

Your use of the Services may be subject to limitations, including monthly conversion caps and other restrictions associated with your subscription plan. We reserve the right to monitor your usage and to take appropriate action if you exceed applicable limits, which may include temporarily suspending your access or requiring you to upgrade to a higher-tier plan.

6. Intellectual Property Rights

6.1 deplate Content

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by deplate, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 License to Use Services

Subject to your compliance with these Terms, deplate grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

6.3 Your Content

You retain all rights in, and are solely responsible for, the content you provide through the Services. By submitting content to deplate, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute such content for the purpose of providing and improving the Services.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. deplate DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

IN NO EVENT WILL deplate, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

9. Indemnification

You agree to defend, indemnify, and hold harmless deplate, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

10. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California.

12. Miscellaneous

12.1 Entire Agreement

These Terms constitute the entire agreement between you and deplate regarding the Services and supersede all prior and contemporaneous written or oral agreements between you and deplate.

12.2 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and deplate's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.3 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

13. Contact Information

Questions or comments about the Services or these Terms may be directed to us at:

Email: [email protected]
Address: 350 Market Street, Suite 500, San Francisco, CA 94105, United States