Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and DeepLight ("we," "us," or "Company") governing your access to and use of the DeepLight conversation intelligence platform, including any associated websites, applications, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

DeepLight is a conversation intelligence platform that enables users to:

• Record, upload, and transcribe audio and video content
• Analyze conversations using AI-powered tools
• Extract insights, themes, and evidence from recorded content
• Organize and manage research interviews and customer conversations
• Collaborate with team members on analysis and insights

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Be at least 18 years of age (or 16 with parental consent where permitted)
• Accept responsibility for all activities that occur under your account

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at [email protected] if you become aware of any unauthorized access to or use of your account.

4. Subscription and Payment

4.1 Subscription Plans

The Service is offered under various subscription plans with different features and pricing. Details of current plans are available on our pricing page. We reserve the right to modify our plans and pricing with reasonable notice.

4.2 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• Payment is due at the start of each billing period
• All fees are non-refundable except as expressly stated herein or required by law
• You are responsible for all applicable taxes

4.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

4.4 Free Trials

We may offer free trials. At the end of a trial period, your account will automatically convert to a paid subscription unless you cancel before the trial ends. We will notify you before conversion and provide instructions for cancellation.

5. User Content and Data

5.1 Your Content

"User Content" means any audio, video, text, transcripts, documents, or other materials you upload, submit, or create using the Service. You retain all ownership rights in your User Content.

5.2 License Grant

By uploading User Content, you grant us a limited, non-exclusive, worldwide license to use, process, store, and display your User Content solely to provide the Service to you. This license terminates when you delete your User Content or close your account.

5.3 AI and Machine Learning

Important: We do NOT use your User Content to train our artificial intelligence or machine learning models. Your recordings, transcripts, and insights remain confidential and are used solely to provide the Service to you.

5.4 Content Responsibilities

You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not violate any third-party rights
• Your User Content complies with all applicable laws and these Terms
• You have obtained all necessary consents from individuals whose voices or images appear in your recordings

6. Recording Consent and Compliance

If you use DeepLight to record conversations, you acknowledge and agree that:

• Consent Requirements: You are solely responsible for obtaining all legally required consents before recording any conversation. Laws regarding recording consent vary by jurisdiction; many require consent from all parties.
• Compliance: You will comply with all applicable federal, state, local, and international laws regarding the recording of conversations.
• Notice: You will provide appropriate notice to participants that a conversation is being recorded.
• Prohibited Recordings: You will not record conversations where recording is prohibited by law or where you have not obtained necessary consents.

DeepLight provides consent management tools to assist you, but these tools do not substitute for your legal obligations.

7. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Upload content that is illegal, defamatory, obscene, threatening, or harassing
• Infringe any intellectual property rights
• Distribute malware, viruses, or other harmful code
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems
• Interfere with or disrupt the Service or its infrastructure
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service for competitive analysis or to build a competing product
• Resell, redistribute, or sublicense the Service without authorization
• Circumvent any access controls or usage limits
• Use automated systems (bots, scrapers) to access the Service without permission
• Record privileged communications (e.g., attorney-client) without appropriate consideration of privilege implications

We may investigate and take appropriate action against violations, including suspending or terminating your account.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its software, design, features, content, and documentation, is owned by DeepLight and protected by intellectual property laws. Except for the limited license to use the Service granted herein, we retain all rights, title, and interest in the Service.

8.2 Trademarks

"DeepLight" and our logos are trademarks of DeepLight. You may not use our trademarks without our prior written consent.

8.3 Feedback

If you provide suggestions, ideas, or feedback about the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable license to use such Feedback for any purpose without compensation or attribution.

9. Third-Party Services

The Service may integrate with or link to third-party services (e.g., CRM systems, calendar apps, video conferencing platforms). Your use of such services is governed by their own terms and privacy policies. We are not responsible for the content, functionality, or practices of third-party services.

10. Disclaimer of Warranties

THE SERVICE IS 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.

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure
• Defects will be corrected
• Transcription or AI-generated analysis will be completely accurate (accuracy may vary based on audio quality, accents, technical terminology, and other factors)
• The Service will meet your specific requirements

You acknowledge that AI-generated content should be reviewed and verified before relying on it for important decisions.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEEPLIGHT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

Our total liability for any claims arising from or related to these Terms or the Service shall not exceed the greater of: (a) the amounts you paid to us in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

These limitations apply even if DeepLight has been advised of the possibility of such damages and even if a remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless DeepLight and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Your failure to obtain required recording consents

13. Termination

13.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us. Upon termination, you will lose access to the Service and your data.

13.2 Termination by Us

We may suspend or terminate your access to the Service:

• For violation of these Terms
• For non-payment of fees
• If required by law
• To protect the security or integrity of the Service
• For any reason with 30 days' notice (for termination without cause)

13.3 Effect of Termination

Upon termination:

• Your right to access and use the Service immediately ceases
• You may request export of your data within 30 days
• We may delete your data after 30 days (or as required by our data retention policy or applicable law)
• Sections that by their nature should survive termination will survive (including Sections 8, 10, 11, 12, and 14-17)

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at [email protected] to attempt to resolve any dispute informally.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

14.3 Jurisdiction

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Delaware, and you consent to personal jurisdiction in such courts.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and/or sending you an email. Your continued use of the Service after the effective date of any changes constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service before the changes take effect.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and DeepLight regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

16.5 Notices

We may provide notices to you via email to the address associated with your account or by posting on our website.

17. Contact Information

If you have questions about these Terms, please contact us: