Terms & Conditions

Agreement to Terms

By using our Site, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Site. If you are accessing and using the Site on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity.

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Privacy Policy

Please review our Privacy Policy, which also governs your use of the Site, for information on how we collect, use and share your information.

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Changes to these Terms or the Site

We may update the Terms from time to time in our sole discretion. If we do, we'll let you know by posting the updated Terms on the Site, and/or may also send other communications. It's important that you review the Terms whenever we update them or you use the Site. If you continue to use the Site after we have posted updated Terms, it means that you accept and agree to the changes. If you don't agree to be bound by the changes, you may not use the Site anymore. Because the Site may evolve over time we may change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion.

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General Prohibitions

You agree not to do any of the following:

• Use, display, mirror or frame the Site or any individual element within the Site, DepthFirst AI's name, any DepthFirst AI trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without DepthFirst AI's express written consent
• Access, tamper with, or use non-public areas of the Site, DepthFirst AI's computer systems, or the technical delivery systems of DepthFirst AI's providers
• Attempt to probe, scan or test the vulnerability of any DepthFirst AI system or network or breach any security or authentication measuresAvoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by DepthFirst AI
• Attempt to access or search the Site or download content from the Site using any engine, software, tool, agent, device or mechanism other than those provided by DepthFirst AI
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation
• Interfere with, or attempt to interfere with, the access of any user, host or network
• Collect or store any personally identifiable information from the Site from other users without their express permission
• Impersonate or misrepresent your affiliation with any person or entity
• Violate any applicable law or regulation

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Warranty Disclaimers

THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SITE.

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Feedback

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Site (collectively, "Feedback"). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

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Links to Third Party Websites or Resources

The Site may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or Site on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.

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Termination

We may suspend or terminate your access to and use of the Site, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Site, the following Sections will survive: 4, 5, 7, and 8 – 12.

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Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DepthFirst AI NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DepthFirst AI OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DepthFirst AI'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO DepthFirst AI FOR USE OF THE SITE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO DepthFirst AI, AS APPLICABLE.THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DepthFirst AI AND YOU.

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Indemnity

You will indemnify and hold DepthFirst AI and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Site or (b) your violation of these Terms.

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Governing Law and Forum Choice

These Terms will be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflict of laws that would lead to the application of the laws of another jurisdiction. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in San Francisco, California, and DepthFirst AI and you each irrevocably consent to the personal jurisdiction and venue therein.

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Governing Law and Forum Choice

Reservation of Rights

DepthFirst AI and its licensors exclusively own all right, title and interest in and to the Site, including all associated intellectual property rights. You acknowledge that the Site is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.

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Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between DepthFirst AI and you regarding the Site, and these Terms supersede and replace all prior oral or written understandings or agreements between DepthFirst AI and you regarding the Site. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without DepthFirst AI's prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. DepthFirst AI may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

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Notices

Any notices or other communications provided by DepthFirst AI under these Terms will be given: (i) via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

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Waiver of Rights

DepthFirst AI's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DepthFirst AI. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

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Contact Information

If you have any questions about these Terms or the Site, please contact DepthFirst AI:Email: privacy@depthfirst.comAddress: 1 Sutter St., San Francisco, CA, 94104