Terms of Service

1. Acceptance of Terms

By creating an account, accessing our website, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use our Services.

2. Eligibility

You must meet the following requirements to use our Services:

• You are at least 18 years old
• You have the legal capacity to enter into binding contracts
• You are not prohibited from using our Services under applicable laws
• You have not been previously banned or suspended from our Services

If you are using our Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account and provide:

• Accurate and complete information
• A valid email address
• A secure password
• Company information (for business accounts)

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Using reasonable security measures to protect your account

3.3 Account Suspension

We reserve the right to suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Fail to pay fees when due
• Pose a security risk to our Services or other users

4. Description of Services

Depthera provides an AI optimization platform that includes:

4.1 Core Features

• AI Citation Tracking: Monitor when AI engines mention your brand
• Prompt Discovery: Identify what users ask AI about your industry
• Content Optimization: AI-powered recommendations for better citations
• Competitor Analysis: Track competitor performance in AI search
• Analytics Dashboard: Comprehensive reporting and insights

4.2 Service Tiers

We offer different service tiers with varying features and limitations:

• Free Trial: Limited access for evaluation purposes
• Growth Plan: For small to medium businesses
• Enterprise Plan: For large organizations with custom needs

4.3 Service Availability

⚠️ Important: We strive for 99.9% uptime but do not guarantee uninterrupted service. We may temporarily suspend Services for maintenance, upgrades, or emergencies.

5. Subscription and Billing

5.1 Fees and Payment

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are in US Dollars (USD) unless otherwise specified
• Fees are non-refundable except as required by law
• You authorize us to charge your payment method for all fees

5.2 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current fee for your plan.

5.3 Price Changes

We may change our fees with 30 days' notice. Continued use after the price change constitutes acceptance of the new fees.

5.4 Late Payment

If payment fails, we may suspend your access until payment is received. We may charge a late fee of 1.5% per month on overdue amounts.

5.5 Cancellation

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• No refunds for partial months or unused Services
• Your data will be deleted 90 days after cancellation

6. Acceptable Use Policy

6.1 Permitted Uses

You may use our Services for lawful business purposes in accordance with these Terms.

6.2 Prohibited Uses

You must NOT:

• Violate Laws: Use Services for illegal purposes or to violate regulations
• Infringe Rights: Violate intellectual property, privacy, or other rights
• Harm Others: Harass, abuse, threaten, or harm other users
• Spam: Send unsolicited communications or engage in spam activities
• Malware: Upload viruses, malware, or malicious code
• Reverse Engineer: Decompile, reverse engineer, or extract source code
• Circumvent Limits: Bypass usage limits or access controls
• Scrape Data: Use automated tools to scrape or harvest data
• Impersonate: Impersonate any person or entity
• Overload Systems: Intentionally strain or damage our infrastructure

6.3 Consequences

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

7. Intellectual Property Rights

7.1 Our IP

All rights, title, and interest in the Services, including:

• Software, code, and algorithms
• Design, layout, and user interface
• Trademarks, logos, and brand elements
• Content, documentation, and materials
• Patents, copyrights, and trade secrets

are owned by Depthera Global Limited and protected by intellectual property laws.

7.2 Your Content

You retain ownership of content you upload or create using our Services. By using our Services, you grant us:

• A worldwide, non-exclusive license to use your content to provide Services
• The right to process and analyze your content to improve Services
• The right to create anonymized, aggregated data for analytics

7.3 Feedback

If you provide feedback, suggestions, or ideas, we may use them without obligation or compensation to you.

8. Data Privacy and Security

Our collection and use of personal information is governed by our Privacy Policy. By using our Services, you consent to such collection and use.

8.1 Your Responsibilities

You are responsible for:

• Ensuring you have rights to any data you upload
• Complying with applicable data protection laws
• Obtaining necessary consents for data processing
• Not uploading sensitive personal data without appropriate safeguards

8.2 Data Processing

Where applicable, our Data Processing Agreement (DPA) governs how we process personal data on your behalf.

9. Third-Party Services

Our Services may integrate with third-party platforms and services (e.g., Google Analytics, social media platforms). Your use of third-party services is subject to their terms and policies.

We are not responsible for third-party services, their availability, or their practices.

10. Warranties and Disclaimers

10.1 No Warranties

⚠️ IMPORTANT: Our Services are 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, or non-infringement.

10.2 Limitations

We do not warrant that:

• Services will be uninterrupted, error-free, or secure
• Results will be accurate, reliable, or complete
• Quality will meet your expectations
• Defects will be corrected

10.3 AI-Generated Content

Our Services use AI and machine learning. AI-generated recommendations and insights may contain errors or inaccuracies. You are responsible for verifying all information before relying on it.

11. Limitation of Liability

⚠️ IMPORTANT: To the maximum extent permitted by law, Depthera Global Limited and its affiliates, officers, directors, employees, and agents shall not be liable for:

• Indirect Damages: Indirect, incidental, special, consequential, or punitive damages
• Lost Profits: Loss of profits, revenue, data, or business opportunities
• Service Interruption: Damages resulting from service interruptions or data loss
• Third-Party Actions: Actions or omissions of third parties
• Unauthorized Access: Unauthorized access to or alteration of your data

Maximum Liability: Our total liability for all claims shall not exceed the amount you paid us in the 12 months preceding the claim, or $100 USD, whichever is greater.

Some jurisdictions do not allow limitations on implied warranties or liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Depthera Global Limited, its affiliates, and their respective officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of applicable laws or regulations
• Content you upload or submit through our Services

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of Hong Kong Special Administrative Region, without regard to conflict of law principles.

13.2 Arbitration

Any dispute arising from these Terms or our Services shall be resolved through binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under its Rules.

The arbitration shall be:

• Conducted in Hong Kong
• In English language
• Decided by a single arbitrator
• Final and binding on both parties

13.3 Exceptions

Either party may seek injunctive or equitable relief in court to:

• Protect intellectual property rights
• Prevent unauthorized access or use
• Enforce confidentiality obligations

13.4 Class Action Waiver

You agree that disputes will be resolved individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14. Modifications to Terms

We may modify these Terms at any time by:

• Posting updated Terms on our website
• Updating the "Last Updated" date
• Notifying you by email for material changes

Your continued use of Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree, you must stop using our Services.

15. Termination

15.1 By You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Emailing support@depthera.ai

15.2 By Us

We may suspend or terminate your access if you:

• Violate these Terms
• Fail to pay fees when due
• Engage in fraudulent or illegal activities
• Pose a security risk

15.3 Effect of Termination

Upon termination:

• Your right to use Services immediately ceases
• We may delete your data after 90 days
• You remain liable for any outstanding fees
• Provisions that should survive termination remain in effect

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Depthera regarding our Services.

16.2 Severability

If any provision is found unenforceable, the remaining provisions continue in full force.

16.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

16.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign these Terms to any affiliate or successor.

16.5 Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, strikes, or government actions.

16.6 Export Compliance

You agree to comply with all export and import laws and regulations applicable to your use of our Services.

17. Contact Information

For questions about these Terms, please contact us:

By using Depthera's Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. If you do not agree to these Terms, please do not use our Services.

These Terms are effective as of the date stated above and remain in effect until terminated in accordance with Section 15.