Terms and Conditions
Last Updated on: January 29, 2024
Please review the following terms of use (“Agreement”), which govern your use of Deep Planner (the “Service”), owned by Deep Tools Tech, LLC (the “Company”), and the services (the “Services”) offered on the Service. Your use of the Service and/or registration for any Services will constitute your agreement to comply with the terms of this Agreement. If you cannot agree to and comply with this Agreement and its requirements, please do not use the Services and exit the Service.
Privacy Policy
In addition to reviewing this Agreement, you should also read our Privacy Policy to better comprehend how we collect and use your personal information. Your use of the Service constitutes your agreement with the terms and conditions of the Privacy Policy.
Changes to Agreement and Additional Rules of Usage
The Company reserves the right, at any time and without prior notice, to modify, alter or update this Agreement and our Privacy Policy. The date of the most recent revision of each will appear at the top of the page of each. Continued access to the Service and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement.
The Company also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Service, which may be posted in the relevant parts of the Service, and will be clearly identified. Your continued use of the Service constitutes your agreement to comply with these additional rules.
Suspension or Termination of Your Use
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to the Company’s other remedies. The Company further reserves the right to terminate, without notice, any user’s access to or use of the Service for any reason.
Ownership of the Service and Service Information
The Service is expressly owned and operated by the Company. Unless otherwise noted, the design and content features on the Service, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, and the like, as well as the selection, assembly, and arrangement thereof (the “Service Information”), are owned by the Company or its affiliates or are licensed from third-party service providers by the Company. The Service, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved. Affiliates, subsidiaries, licensees, and assigns of the Company shall include any and all third-party service providers used at any time and for any purpose by the Company.
Service Information is Provided “As Is”
Service Information is provided “as is” with all faults. You use the Service Information, as authorized herein, at your own risk. Service Information may contain errors, omissions, or typographical errors or may be out of date. The Service may change, delete, or update any Service Information at any time and without prior notice.
Payments and Subscriptions
The Service offers both free and paid tiers for service. Subscriptions are offered on a monthly or annual basis. Monthly subscription payments are charged upon signing up, and renewed one day before the anniversary of signing up on a monthly basis thereafter. Annual subscription payments are charged upon signing up, and renewed one day before the anniversary of signing up on an annual basis thereafter. Free trials grant you access to paid features for up to one month. At the end of that one-month period, your subscription is automatically changed to a paid monthly subscription and you shall be charged according to the terms of this section.
The Company reserves the right to change the level of service or product features available for free and paid users, and for varying subscription levels which may be set, at the Company’s sole discretion, and without notice to you. Payments are completed using a third party payment provider, which accesses and tokenizes your payment information and will use it for all payments associated with your subscription and/or account.
A list of the specific data that is collected as a part of our payment system can be found in the Privacy Policy.
You may cancel your subscription at any time. Upon cancellation, your paid features and services will continue until the end of your payment period. You may then sign up for a new, paid subscription at any time there after.
You may request a refund by sending an email to this link within seven days of signing up for any paid subscription. With the refund of your payment, your access to paid Services will be terminated.
In the event of a failed payment, we will attempt to process payment(s) according to this Agreement. If the payment continues to fail, you will lose all access to paid features, and will not be able to access any paid features until the payment(s) is (are) successfully processed. For monthly subscriptions, you will have one month to change or update payment methods and complete your payment. For annual subscriptions, you will have one year to change or update payment methods and complete your payment. After that period, if your payment method is not changed or updated, the subscription will automatically be cancelled and you will need to sign up for a new subscription.
Pricing and features included in any subscription plan may change at any time, and at the Company’s sole discretion. An email will be sent to the email address for you that is on file for your account for any change to pricing or features available on your subscription plan. All changed to pricing and features will only affect the future payment periods, with the exception of any late payments due, so you may cancel your subscription any time to avoid future changes.
If your subscription ends for any reason, you will not lose any data and will still be able to access and use the Service with the features that you may have access to at that time.
Use of the Service By You
Except as set forth in this Agreement, the Service does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Service Information. Your right to use the Service and the Services is personal to you — you may not authorize others to use the Service and the Services, and you are responsible for all use of the Service and the Services by you and by those you allow to use, or provide access to, the Service and the Services. You agree to use the Service and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You further agree that you are solely responsible for any and all information and content provided to or on the Service and related Services.
Limitations on Use
You agree not to make use of Service Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or the Company. Illegal and/or unauthorized uses of the Service will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress
Customer Reviews and Comments
The Company, through its Service or other means, may provide functionality that enables you to provide a review in connection with the Service and Services. You acknowledge and agree that you are responsible for any and all reviews and content you otherwise upload and make available in connection with the Service and Services and you agree to indemnify the Company for all Claims (as defined below) resulting from any review or comments you make available. You represent and warrant that (a) you have the authority to grant the rights in any such review or comments as set forth below; (b) such review, and the use thereof, will not violate any term of these Terms of Use; and (c) all opinions and statements contained in such review or comments (i) are true, honest, and an accurate reflection of your opinions about the Company and its Services, (ii) are not misleading, and (iii) are based on your own actual personal experience. This means you will be responsible for the legality, accuracy, Appropriateness, originality, and your rights in any such review or comments.
You grant to the Company, its affiliates, subsidiaries, licensees, and assigns the perpetual, worldwide, royalty-free, nonexclusive and absolute right and license to use, publicly and privately display, reproduce, publish, publicly and privately perform, exhibit, distribute or have distributed, transmit or have transmitted, post, broadcast, sublicense, sell, transfer, store, or otherwise make any commercial or non-commercial use of any review or comments that you make available on the Service, in whole or in part, for advertising, publicity, internal presentations, communications and training materials, and any other legal purpose, in any and all media whether now known or hereafter developed, including without limitation, on the internet, without consideration, notice, inspection, review, or approval thereof. For purposes of clarity, the foregoing grant includes the rights to modify, edit, combine with other materials, translate, include in collective works, and create derivative works based on your review or comments. You grant to the Company the right to use the first name and last initial associated with any review or comments that you make available to the Company, in whole or in part, provided the Company shall have no obligation to exercise such right or to otherwise provide any attribution for any review or comments.
Eligibility to Use the Service and the Services
The Service and the Services are not intended for users under the age of 18. To register for any Services offered on the Service, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Service in conjunction with your parents or guardians. The Company does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not use the Service. If a child under 13 submits information through any part of the Service, and the Company becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
Disclaimer of Warranty and Limitation of Liability
You acknowledge that you are using the Service and the services at your own risk. The Service, the Service information and the services are provided “as is,” and to the full extent permitted by applicable law, the Company, its affiliates, subsidiaries, licensees, and assigns hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, non-infringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. The Company, its affiliates, subsidiaries, licensees, and assigns providers do not represent or warrant that access to the Service and its services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of the Company’s or Service’s website.
The Company its affiliates, subsidiaries, licensees, and assigns shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this agreement, the provision of services hereunder, the sale or purchase of any merchandise ordered through the Service, your access to or inability to access the Service, Service information, or services, including for viruses alleged to have been obtained from the services, your use of or reliance on the services, the Service information or materials available through third party Services linked to the Service, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.
You hereby agree to release The Company, its affiliates, subsidiaries, licensees, and assigns, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in any way connected with your use of this Service and its services. If you are a California resident, you waive California Civil Code section 1542, which states, in part: a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
Electronic Communications
When you visit the Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Service. 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.
Jurisdiction and Governing Law
The Company makes no representation that the Service Information, the Services or products offered through the Service are appropriate, available or legal in any particular location. Those who choose to access the Service Information, the Services and products offered through the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in the Eastern District of California. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
The Company, its Service, and any other products or services created by the Company, are for use in the United States.
The Service is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of the Service, by visiting the Service, using its Services and/or providing us with any Content, you agree to comply with all applicable laws governing the Service, its Services, online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.