Terms and Conditions
Last updated: November 2024
1. Introduction
1.1 Deepdive Ltda. or “Deepdive” is a company registered under CNPJ 51.382.479/0001-09, operating in the field of training and data intelligence services (“Services”), offered through a proprietary platform that contains conversational practice tools for conducting training programs using Artificial Intelligence (“Platform”).
1.2 These “Terms of Use” (“Terms”) apply to your use of the Platform and to any Services provided by Deepdive to you. By using any Service, you agree to comply with these Terms of Use and, when applicable, the clauses and conditions of the service provision and software licensing agreement entered into with Deepdive (“Agreement”). Therefore, it is important that you take a few minutes to read them carefully!
1.3 These Terms of Use and the Agreement (if applicable) must be interpreted together regarding the regulation of your use of the Services. In case of any divergence or conflict between their provisions, the conditions in the Agreement will prevail.
2. Use of Deepdive Services
2.1 To access the Platform and use any Service, regardless of the medium used to access them (Web/Desktop, Android, or iOS), you must register online, providing certain personal data such as full name, email address, phone number, and CPF (Brazilian taxpayer ID). For more information on how your data will be processed, please see Deepdive’s Privacy Policy.
2.1.1 When required, you must fill in the registration fields with true, complete, up-to-date, valid, and correct information, and you are solely responsible for keeping all information provided permanently updated. Deepdive is not responsible for errors in your registration.
2.2 By using the Platform and/or Services, you expressly guarantee that you are fully capable, under current legislation, including the ability to acknowledge and agree to these Terms.
2.3 The Services are intended solely for the purposes offered by Deepdive, in accordance with these Terms, and may not be used or shared for any other purposes.
2.4 You agree to keep your Platform access passwords secure and confidential, and Deepdive will not, under any circumstances, be responsible for any damages caused to you or third parties by the disclosure or misuse of such credentials.
2.5 By accepting these Terms of Use, you authorize Deepdive to establish communication channels with you via email, social networks, mobile notifications, and other available methods.
3. Third-Party Services
3.1 To provide or operate the Services, Deepdive may use third-party applications. These specific services are the responsibility of the third parties that provide them and are governed solely by their applicable terms of use.
3.2 Integration of the Platform with third-party services does not imply endorsement of such services or any association with their operators by Deepdive. The unavailability of third-party services that are essential to providing the Services may cause the Services to be unavailable. Deepdive is not responsible for these third-party services but will take appropriate measures to restore service.
4. Personal Data Privacy and Intellectual Property
4.1 To access the Platform and use the Services, Deepdive will need to process your personal data. You acknowledge that your personal data will be processed in accordance with Deepdive’s most up-to-date Privacy Policy.
4.2 All of Deepdive’s intellectual property rights over the Platform and/or Services are reserved, including all trademarks, logos, trade names, layouts, graphics, interface designs, images, illustrations, photographs, presentations, videos, content, sound and audio files, software, databases, transmission files, and any other information or works protected by applicable law.
4.3 Any unauthorized use of Deepdive’s intellectual property, whether commercial or non-commercial, and any use outside the scope of the Services is prohibited. Such uses will constitute both a violation of Deepdive’s rights, subject to compensation under applicable law, and a criminal offense under current legislation.
5. Responsibilities
5.1 Deepdive will not be responsible for:
(i) Expenses incurred in using the Services that are not expressly provided for in the Agreement;
(ii) Damages caused by third-party services necessary to access the Services;
(iii) Content created by you or third parties using the Services, as well as any third-party content, products, or services advertised or offered during the use of the Services;
(iv) Damages caused by unauthorized third-party access, interception, deletion, alteration, or manipulation of files and communications transmitted through the Services, except for responsibilities arising from Deepdive’s information security measures and applicable law;
(v) Loss of profits, revenue, data, financial losses, or indirect, special, consequential, exemplary, or punitive damages, where permitted by law;
(vi) Problems with the availability, reliability, and continuity of the Platform’s operation, as well as any damages resulting from unavailability, failure, or changes to the Services.
5.2 While using the Platform and Services, you agree not to:
(i) Use the Platform in ways other than intended or in violation of these Terms, the Agreement, or applicable laws;
(ii) Alter your access device settings to use the Services, including changing IP or email addresses to impersonate others, hide your identity, or location;
(iii) Remove, alter, interfere with, or modify any watermark, copyright, trademark, or other intellectual property markings on the Platform;
(iv) Provide false, offensive, illegal, or infringing information in your registration or content;
(v) Sell or share Platform access with third parties;
(vi) Use the Services to develop or market a product or business;
(vii) Circumvent technologies protecting the Platform, including reverse engineering, decompiling, or dismantling software without permission;
(viii) Access or collect data via automated means without prior authorization;
(ix) Engage in illegal acts or acts that may harm Deepdive, other users, or third parties.
5.3 If notified about content that infringes third-party rights, Deepdive will promptly remove it in accordance with Brazilian law (Marco Civil da Internet) and relevant jurisprudence.
6. Penalties and Indemnification
6.1 Using the Platform or Services in violation of these Terms or the Agreement will result in prohibition of use, without prejudice to fulfilling any pending obligations.
6.2 You agree to indemnify Deepdive, its affiliates, directors, employees, and representatives for any losses or claims resulting from your misuse of the Platform or violation of the Services.
7. Governing Law and Jurisdiction
7.1 Brazilian law applies to any conflict related to these Terms of Use.
7.2 You agree that the courts of Florianópolis, State of Santa Catarina, will resolve any disputes related to these Terms of Use.
8. General Provisions
8.1 Deepdive may amend these Terms at any time. The latest version will always be the one in force, and you can check the “Last updated” date at the top of this document.
8.2 Services are provided “as is,” and Deepdive may make changes at any time, including discontinuing them.
8.3 Any modification affecting your prior consent or imposing a financial burden will be communicated in advance, except changes required by law or for new functionalities, which will take effect immediately.
8.4 If you do not agree with any changes, you must stop using the Services. Continued use constitutes acceptance of the updated Terms.
8.5 Deepdive may stop providing Services or set new limits at any time, subject to fulfilling authorized operations and retaining certain data as allowed by law.
8.6 The clauses of these Terms will remain in effect even after termination of your use of the Services, as long as there are ongoing legal relations.
8.7 If any provision is deemed invalid or unenforceable, the remaining provisions will remain valid.
8.8 Any new features improving the Platform or Services will be subject to these Terms.
8.9 Deepdive may assign or transfer its contractual position or any related rights/obligations at any time, without prior notice, including in corporate transactions such as mergers, acquisitions, reorganizations, or asset sales.
9. Contact
9.1 For questions about this document and its practices, contact Deepdive at contato@deepdivetech.ai.
10. Acceptance
10.1 AFTER CAREFULLY READING THESE TERMS OF USE, YOU AGREE TO THEM AND ACCEPT ALL THEIR PROVISIONS.
10.2 BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT THE PARTICULARITIES OF USING DEEPDIVE’S SERVICES HAVE BEEN SUFFICIENTLY DESCRIBED HEREIN AND THAT DEEPDIVE HAS FULFILLED ITS DUTY TO INFORM.