bg

Deta

Terms and Conditions

Last Updated: September 26, 2024

1. General

1.1 These Terms and Conditions (“Terms”) govern your (“you”, ”your”) use of Deta’s Services (“Service(s)”, “Deta Services”, as defined below) provided and operated by Deta GmbH (“Deta”, “us”, “we”, “our”) and its subsidiaries and Affiliates (as defined below) involved in providing the Services. These Terms form a binding agreement between you and Deta GmbH.

1.2 By accessing or using the Deta Services, you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Deta Services in any manner.

1.3 You may only use the Services for personal use, and only in a manner that complies with all laws that apply to you. To the extent you are using the Services to work on behalf of an employer or another entity, you represent and warrant that you have the authority to do this work through the Services.

1.4 Please read these Terms and Conditions carefully before using the Services. If you are considered a minor in your country, you must have your parent or legal guardian’s help to understand this agreement, permission to use the Services, and their acceptance of these Terms on your behalf.

1.5 Deta’s Services means the Surf software, and any other application, feature, content, website, software, or service offered by Deta in connection to the Surf software.

1.6 Affiliate means any subsidiary and/or entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity, or an Affiliate.

1.7 Your use of our Services is subject to Deta’s Privacy Policy, which is available at: https://deta.surf/privacy

2. Your Account

2.1 Using our Services does not generally require a Deta account but some features might. You must provide accurate and complete information any time you register to use such Deta Services. Your account is valuable, and you are responsible for the security of it, your passwords, and for any usage of your account.

2.2 You may not share your account credentials or make your account available to anyone else, and you are responsible for all activities that occur under your account. If you become aware of any unauthorized usage of your password or of your account, you agree to notify Deta immediately.

3. Transactions, Payments, Fees, and Refunds

3.1 You can subscribe to Deta’s Services, for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Deta.

3.2 For any paid Transaction, the charge will be collected by our payment services provider, on behalf of Deta, from your selected payment method. All Transactions are final, and prices may change at any time. If technical problems prevent or unreasonably delay delivery of Services, your exclusive and sole remedy is either replacement of the Services, or refund of the price paid, as determined by Deta on a case-by-case basis.

3.3 Deta may charge a fee for Transactions. Any fee will be disclosed to you prior to the completion of any Transaction.

3.4 Some parts of the Service are billed on a one-off, or subscription basis (“Subscription(s)”). You will be billed in advance on any one-off, recurring and/or periodic basis (“Billing Cycle”). At the end of each recurring Billing Cycle, your Subscription will automatically renew unless you, a third party, or Deta cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Deta’s team, at [email protected]. If your Subscription ends, you will lose access to any functionality of the Service that requires said Subscription.

3.5 Deta, in its sole discretion and at any time, may modify the Subscription and transaction fees. Any Subscription and transaction fee change will become effective at the end of the then-current Billing Cycle. Deta will provide you with a reasonable prior notice of any change in fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the fee change comes into effect constitutes your agreement to pay the modified Subscription and transaction fee amount.

3.6 A valid payment method is required to process the charge for your Transaction. You shall provide Deta, and our payment services provider, with accurate and complete billing information including full name, country of residence, and valid payment method information. By submitting such payment information, you automatically authorize Deta and our payment service providers to charge all Transactions incurred through your account through any such payment instruments.

3.7 Should automatic billing fail to occur for any reason, or the Subscription fails to renew for any other reason, will Deta have the rights to terminate said Subscription, and shall not bear responsibility for your loss of access to such Service.

3.8 Though it is unlikely, subsequent to your purchase, Services may be removed and become unavailable for further download, installation, subscription, or use.

4. Proprietary Rights

4.1 You acknowledge and agree that Deta (or Deta’s suppliers) own all legal right, title and interest in and to the Deta Services, including any intellectual property rights which subsist in the Deta Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

4.2 Deta’s delivery of Services does not transfer any commercial, intellectual property, or promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.

4.3 All rights not expressly granted to you in these Terms are reserved.

5. Termination

5.1 We may terminate or suspend your account if you breach our Terms, or for any other reason, without prior notice or liability. Where possible, we will provide you with prior notice and an opportunity to rectify any issues. Upon termination, your right to use the Deta Services will immediately cease.

5.2 You may terminate these Terms, except for the terms that persist, at any time by canceling your account on the Deta Services. You will not receive any refunds if you cancel your account. Canceling your account may result in destruction of any Content (as defined below) associated with your account.

5.3 You are solely responsible for exporting your Content from the Deta Services prior to termination of your account for any reason, provided that if we terminate your account, we will try to provide you with a reasonable opportunity to retrieve your Content.

6. Your Usage of Deta’s Services

6.1 All applications, software and services made available through the Service are licensed, not sold, to you. Licenses are provided to you by Deta, or third parties (“License Provider(s)”).

6.2 Deta GmbH grants you a limited, revocable, personal, worldwide, non-assignable, non-transferable, non-sublicensable, non-distributable, and non-exclusive license to install and use the software provided to you by Deta as part of the Deta Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Deta Services as provided by Deta, as well as upgrades provided by Deta that replace or supplement the original Service, in the manner permitted by the Terms, and you may not distribute, send, share, transfer, sell, assign, lease, or sublicense the software or any part of it, including but not limited to any software installation files.

6.3 If you breach these Terms, the license granted by Deta and your right to use the Surf software will terminate immediately and without notice.

6.4 The License Provider of any third party software, feature, application, or service, is solely responsible for its content, warranties, and claims that you may have related to the third party license, software, feature, application, or service. Deta is not a party to the license between you and the third party License Provider, however is a third-party beneficiary and you acknowledge and agree that we may therefore enforce such agreement. Your use of such third party license, software, feature, application, or services is exclusively governed by the applicable end user license terms and conditions for such third party license, software, feature, application, or service. Third party License Providers, and not Deta, are responsible for providing maintenance and support for third party services, if applicable.

6.5 Open source software licenses for features and components of the Deta Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Deta for the use of the features and components of the Deta Services released under an open source license.

6.6 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, disassemble, decompile or otherwise attempt to extract the source code of the Deta Services, any updates, or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Deta GmbH in writing (e.g., through an open source software license); (b) attempt to disable, tamper with, bypass or circumvent any security mechanisms, measure to restrict access, or technology used by the Deta Services (or parts thereof), or any service running on the Deta Services; or (c) access (or attempt to access) the administrative interface of the Deta Services by any means, unless you have been specifically allowed to do so in a separate agreement with Deta GmbH, or (d) engage in any activity that interferes with or disrupts the Deta Services (or the servers and networks which are connected to the Deta Services); or (e) use the Deta Services in any way that may subject the Deta Services to any obligations under any open source software license, including, without limitation any license which imposes any obligation or restriction with respect to Deta’s patents or other intellectual property rights in the Deta Services.

6.7 Your account has usage limits. Deta reserves the right to enforce usage limits in its sole discretion, which may result in Deta serving a “quota exceeded” page to you. Repeated exceeding of usage limits may lead to the termination of your account.

6.8 In the event that your resource usage or actions constitutes or may constitute an unreasonable large load on the Services (or it’s third party providers’) infrastructure, or a threat to the integrity, availability and resilience of Deta’s systems, business, and Service, determined at the sole discretion of Deta indifferent to any communicated limits, Deta may suspend or terminate your usage of the Deta Services.

6.9 Your use of the Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.

6.10 You may not access the Deta Services for the purpose of bringing an intellectual property infringement claim against Deta GmbH.

7 Acceptable Use Policy

7.1 Your use of Deta’s Services is subject to this Acceptable Use Policy. If you are found to be in violation of or exploiting our policies at any time, as determined by Deta in its sole discretion, we may warn you, suspend you, or terminate your account. Please note that we may change our Acceptable Use Policy (and Terms) at any time, and pursuant to these Terms, it is your responsibility to keep up-to-date with and adhere to the policies posted here.

7.2 You understand that all information (including, but not limited to information such as data files, text, articles, illustrations, applications, extensions, software, scripts, music, ratings, reviews, comments, graphics, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Deta Services are the sole responsibility of the person from which such content originated. All such information is referred to as “Content”.

7.3 Users are strictly forbidden from engaging with the Services or contributing any Content in ways that:

  • Compromises the integrity, security, or intended use of the Services

  • Encroach upon or violates the rights of individuals or organizations

  • Contravene criminal statutes, other applicable regulations, or third-party entitlements (e.g., infringing on others’ intellectual property rights, violating copyright laws, and the Digital Millennium Copyright Act)

  • Exhibit threatening, abusive, harassing, slanderous, misleading, or deceitful behavior

  • Invade privacy, cause harm, or display obscene, offensive, or vulgar content

  • Involve sexual exploitation or abuse

  • Disseminate unsolicited promotional material, spam, or mass communications

  • Introduce malicious software, viruses, computer codes, phishing attempts, hoaxes, or harmful programs

  • Impersonate others, manipulate, or otherwise attempt to acquire security information, passwords, or account details from other users in any matter

    7.4 Deta reserves the right (but shall have no obligation) to remove any or all Content from the Deta Services. You agree to immediately take down any Content that violates the Acceptable Use Policy, these Terms, or the Privacy Policy, including pursuant to a takedown request from Deta. In the event that you elect not to comply with a request from Deta to take down certain Content, Deta reserves the right to directly take down such Content.

8. Third Party Content and Resources

8.1 Please be aware that by using the Services, you might encounter offensive, indecent, or objectionable Content, even if it is not explicitly marked as such. Additionally, specific URLs, actions or searches might unintentionally lead to such material. By using the Services, you agree that your use is at your sole risk, and agree that Deta is not liable to you for any Content you may come across.

8.2 The Services may incorporate or provide access to external Content, services, websites, links, or resources, for your convenience, which we refer to as “Third-Party Resources”. While Deta makes reasonable efforts to ensure the content from third parties adheres to certain standards we cannot guarantee all aspects of such content, and by utilizing our services, you acknowledge that we, and our representatives, are not obligated to scrutinize or verify the accuracy, timeliness, legality, or quality of any Third-Party Resources, and we bear no responsibility or liability, whether direct or indirect, for any Third-Party Resources, or your losses or damages that may arise from such use or reliance. It is entirely your responsibility to exercise caution and judgment when interacting with Third-Party Resources, including but not limited to any AI features and chat bots.

8.3 Deta disclaims any responsibility for the services, practices, terms, or policies of any third-party website or service. By using the Services, you agree to indemnify us from any liability arising from your use of third-party websites or services. We highly advise you to exercise caution when visiting any third-party websites or services.

9. Feedback & Submissions

9.1 You may choose to, or we may invite you to submit comments or ideas about the Deta Services, including without limitation about how to improve the Deta Services and/or our products (“Idea(s)”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Deta GmbH under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

9.2 As part of our Services, you may choose to, or we may invite you to submit Content to Deta (for example, through drawing and submitting SVG-images through our website). By submitting Content, you hereby grant us a non-exclusive, royalty-free, worldwide license to use your content to provide the Deta Services. You represent and warrant that your content will not infringe the rights of any third party.

9.3 Manipulating downloads, ratings, feedback, or reviews of the Service via any means is prohibited.

10. Limitation Of Liability

To the fullest extent allowed by applicable law, and in no event shall Deta GmbH, nor its directors, employees, partners, agents, suppliers, content providers, or affiliates, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the service, to you or to any other person or entity, for any indirect, incidental, exemplary, special, consequential or punitive damages, whatsoever, including without limitation, loss of profits, data loss, business interruption, use, loss of goodwill, or any other commercial damages or intangible losses, resulting from (a) your access to, reliance, or use of or inability to access or use Deta Services; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; and (d) any unauthorized access, use or alteration of your transmissions or content, whether based on warranty, or any other legal theory, and whether or not we have been informed of the possibility of such damage.

Our aggregate liability under these terms will not exceed the greater amount of the amount you paid for the service that gave rise to the claim during the 12 months before the liability arose or one-hundred (100€) Euro. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

11. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by applicable law, the Service is provided with all faults and without warranties of any kind, whether expressed, implied, or statutory, including, but not limited to, implied warranties and/or conditions of merchantability, title, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, non-infringement or course of performance, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

You bear the entire risk as to selecting the Services for your purpose, and Deta GmbH cannot be held liable for any kind of damage, direct or indirect or consequential, resulting from your use of our Services, including but not limited to any Content, whether provided by a third party or not, contained in or accessed through the Services. Deta bear no responsibility or liability for the deletion or failure to store any content and other communications maintained or transmitted through use of the Service.

Deta GmbH, its 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. Should the Service prove defective, you assume the entire cost of all necessary servicing, repair, or correction.

You agree that you are solely responsible for (and that Deta has no responsibility to you for) any content that you create, submit, transmit, generate, or display while using the Deta Services and for the consequences of your actions (including any loss or damage which Deta may suffer) by doing so, or through access to the Service, or (ii) your violation of the Terms of Use or any applicable law, contract, policy, regulation or other obligation, with Deta or any third party. You further acknowledge that you are solely responsible for securing and backing up any content.

No oral or written information or advice given by Deta or its authorized representative shall create a warranty.

12. Indemnification

You agree to defend, indemnify and hold harmless Deta, its Affiliates, its contractors, contributors, partners, suppliers, and its licensors from any and all claims, liabilities, damages (actual and consequential), losses, or expenses (including attorneys’ fees and costs) arising from your violation of these Terms or any applicable law or regulation, or relating to your use of the Services, or your Content, or your negligence or wilful misconduct, including any actions taken by a third party using your account.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.

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.

These Terms constitute the entire agreement between you and us regarding our Service, and supersede and replace any prior agreements we might have between you and us regarding the Service. Please note that if you are a user of Deta Space, then these Terms do not replace the terms you have agreed to for your use of that service (Deta Space), which can be found on https://deta.space/terms.

14. Changes

We reserve the right to modify, replace, or add to these Terms where necessary, at our sole discretion. If a revision is material we will try to provide at least 14 days notice prior to any new terms taking effect, giving you the opportunity to review and decide whether to continue using the Services. What constitutes a material change will be determined at our sole discretion. Such modifications or additional terms and conditions will be effective immediately and incorporated into these Terms.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please delete your account, and if applicable, unsubscribe from our emails, and stop using the Service.

15. Contact Us

Deta GmbH is a for profit company with its operational headquarters at Sophienstr. 8, 10178 Berlin, Germany. If you have any questions about these Terms, please contact us at [email protected]

We promise to respond as soon as possible. For term specific questions, please mention “terms” anywhere in the subject header.

handcrafted in the heart of Berlin

Legal Privacy Terms