The purpose of these terms (the “Terms”) is to establish requirements for the use of the Service (as defined below) provided by DeckMatch.
These terms form an agreement with you/the legal entity you represent and DeckMatch (see company information on DeckMatch at the end of the Terms), and the use of “Terms” also includes the agreement which you enter into by accepting these Terms. In addition, and agreement with you/the legal entity you represent and DeckMatch may comprise an order for the Service and a Data Processing Agreement, see below.
By accessing the Service, you agree to comply with these Terms, any rules and guidelines included in your account, in the Service and posted on DeckMatch’s website at the time of such use, as well as DeckMatch’s Privacy Policy.
If you are an individual and are entering into the Terms on behalf of a legal entity (such as a company), you represent and warrant that you have due authorisation from the governing body of such entity to enter into these Terms and to bind such entity to all of the terms and conditions of these Terms and to, by accepting the Terms and using the Service, enter into an agreement between DeckMatch and such entity. By the use of “you” below, is also understood the entity you represent.
Please read the Terms carefully, as they form the requirements for the Service with your rights and obligations, and retain a copy of the Terms for your records.
Description of the Service
The Service comprises a service to analyse and process information to get output in reports and structured data, which can be integrated with workflows.
The Service is described in more detail on the DeckMatch website or has been provided by DeckMatch, with requirements for using the Service.
Use of the Service
To gain access to and use the Service, you will be required to provide an email address and to create a login and password (collectively, “Login Information”) to enable an account. Within the Service, you must provide additional information which is required.
All required registration information that you provide to DeckMatch must be current, complete, and accurate and must be kept up to date within the Service or by notification to DeckMatch on a prompt, timely basis. You agree that DeckMatch may act in reliance, without investigation, upon any of your Login Information.
Notwithstanding the foregoing, DeckMatch may require you to change your Login Information if such Login Information is inconsistent with the terms of these Terms or information provided when you register for the Service.
You are solely responsible for all activity occurring in your account under your Login Information. You must keep your Login Information confidential and must not share your Login Information with third parties. Any person using your Login Information is conclusively deemed to have actual authority to use the Service and consequently accessing the Content (as defined below) and is deemed authorised and approved by you, and you hereby agree to indemnify, defend, and hold DeckMatch harmless from any claims or damages arising from or relating to any such use.
If you intend to authorise employees and/or other persons to use the Service through your account, you agree to cause all other persons who access the Service through your account to comply with these Terms.
You agree:
= Not to knowingly provide any corrupted files, trojan horses, viruses, worms or any other similar data, programs or software that may damage, expropriate, intercept or interfere with the Service, any data, information, property or system of another person.
= Not to decompile, disassemble, reverse engineer, translate or otherwise attempt to learn the source code or technological know-how of any component of the Service.
= Not to interfere with, or disrupt (or attempt to do so) the access of any user, host or network, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service or its users.
= Not to create, assign, copy, deliver, distribute, lease, loan, modify, pledge, rent, sell, sublicense, timeshare, create derivative works of or otherwise transfer, directly or indirectly, any portion of the Service or any rights thereto.
DeckMatch reserves the right, at its sole discretion, to deny access to the Service upon non-compliance with the Terms and any applicable law.Your ability to access and use the Service may require the payments of fees, see “Charging for the use of the Service”. We may make available functionality allowing you to integrate other services into the Service, such as exporting information and data from the Service to third-party services. Usage of such services will be governed by the Terms applicable to the integrated services used.
DeckMatch does not generally monitor activity occurring in connection with the Service. However, if DeckMatch becomes aware of any actual or possible violations by you of any provision of these Terms, DeckMatch reserves the right to investigate such actual or possible violations and DeckMatch may, at its sole discretion, immediately terminate these Terms with you, or may change, alter or remove Content, in whole or in part, without prior notice to you.
Content disclaimers
You confirm that you are the owner or authorised user of all Content related to your use of the Service.
As you provide Content, including documents, to the Service, you are also responsible that the Content provided to the Service or the use of the Service does not infringe any rights, including any intellectual property rights, of any third party, and that you have the right to include the Content into the Service. See more under “Copyright Infringement”.
You agree and accept that neither DeckMatch nor any of its affiliates shall be liable for any Content or the access, recording, storage or other use by DeckMatch thereof, including documents uploaded and possible result of processing information in documents uploaded and any infringement of another third party’s rights, including without limitation rights of privacy, intellectual property or data protection.
DeckMatch bears no responsibility or liability for the deletion or accuracy of any Content or processed documents or other output of the Service. You are aware of and accept that any information provided to the Service will be processed and analysed, and interpreted, by machines and must be used with caution and not relied on without further assessment. DeckMatch is not liable for the failure to store, transmit or receive transmission of any Content (whether or not processed by the Service), or the security or privacy of using the Service. DeckMatch bears no responsibility for Content that is deleted or not available from the Service, and it is your obligation to make and keep back-up copies of any or all Content. See more under “Quality of Service. Updates” and “Liability. Limitation of Liability. Disclaimer of Warranties”.
Data related to your account will be stored for the latest of the last payment of the Service. Prior to deleting the account or deleting any information or files stored with the account, we will notify you of the contact information you have provided in the account.
Quality of service. Updates
The Service is continuously developed, contains complex code and functionality, inclusive third party elements and services, and consequently may include technical mistakes, interruptions, inaccuracies, and/or typographical errors. As the Service will be continually developed, changes to functionality and layout may be carried out without advance notice. DeckMatch makes no warranties, expressed or implied, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of the Service.
DeckMatch offers no guarantees and assumes no responsibility or liability of any kind with respect to services from affiliates or third parties, including without limitation any liability resulting from incompatibility between the Service and any third-party services. You agree that you will not hold DeckMatch responsible or liable for any matter caused by or related to services provided by any third party.
DeckMatch has no obligation to, and nothing in these Terms may be construed to require DeckMatch to, create, provide or install updates to the Service; however, DeckMatch will from time to time update the Service and carry out updates and maintenance of the Service, due to technical, security or operational reasons, during which time the Service might be unavailable. DeckMatch will make reasonable efforts to arrange updates and maintenance outside of peak usage hours.
These Terms shall automatically incorporate and include any add-on components, third-party services and elements, amendments, features, modifications, supplements, updates and other functionality or messages related thereto, including without limitation alterations of availability, content, features, functionality, security, storage and other information relating to the Service may provide or make available generally to its customers subject to any additional terms and conditions, including any additional fees and costs, provided by DeckMatch applicable to such amendments or updates.
Regulatory requirements
The Service is provided to several locations and jurisdictions, and it is you as a user who is responsible that the Service is legal and used within the law where the Service is used.
Charging for the use of the Service
The use of the Service require payment of fees to DeckMatch and, if agreed, to affiliates or third parties providing functionality or services within the Service. Information on such payment, inclusive price and payment terms, is provided to you by DeckMatch or when registering for accessing the Service. DeckMatch requires payment in advance of accessing the Service.
You agree that payments made by you may be facilitated by a payment service on your behalf, and terms for such service may be provided by the payment service provider who applies for your use. If payment is performed using such service, you remain liable for payment of all amounts due under these Terms. DeckMatch is not liable for any third-party fees for the payment services.
In addition to the fees above, taxes, such as sales tax (VAT), may be imposed in your jurisdiction, and DeckMatch is not responsible for paying any such fees, charges and taxes.
DeckMatch may require payment upon renewal of the term for the Service. The term of Service is provided and agreed upon when you register for the Service, but may be changed by you later. If payment of the renewal of the term of the Service is not made, the Service will be terminated. You acknowledge and agree that we may change our charges, fees and pricing for future renewals of the Service and that the cost of future renewals for the Service may increase.
DeckMatch may amend the prices for the Service with three months’ written notice. If the new prices are not accepted, the Service may be terminated before the new prices enter into force.
For fees upon termination, see “Termination”.
DeckMatch’s Rights
All rights, title to and interest in the Service (excluding the Content you provide as described under “Rights to the Content“) are and will remain the exclusive property of DeckMatch. The Service and its content are protected by copyright and other intellectual property rights in the country you reside as well as under international treaties on intellectual property rights.
Your use is granted a limited license for the use of the Service as described under “License”. All brand names, product names, trade names, domain names, graphics, logos, service marks and trademarks relating to the Service are the property of DeckMatch or affiliates of DeckMatch providing functionality or services as part of or connected to the Service, and you are prohibited from using these for any purpose without DeckMatch’s prior express written consent. DeckMatch and its affiliates retain all rights, titles, and interest in and to the above-said, including all intellectual property rights, which are not to be removed, added to, or altered in any way or to remove copyright notices or other proprietary rights or marks associated with or included in the Service.
Upon the expiration or other termination of these Terms, inclusive due to termination caused by your breach of the Terms, this license will immediately and automatically cease except to the extent that Content is stored or otherwise retained by DeckMatch if DeckMatch has a right or obligation to store the Content. However, you are bound to and accept not to use any intellectual rights of DeckMatch also after the termination of the Terms, regardless of basis for termination.
License for the use of the Service
Upon payment of the fee for the Service, you are granted a limited, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the Service, inclusive any software as part of the Service, that is provided to you as part of the Service for your personal or business use. This license is for the sole purpose of enabling you to use the Service, subject to these Terms.
The Service is licensed and not sold to you solely for your use under the terms and conditions of these Terms and the license granted herein. DeckMatch retains all rights to the Service as described in “Intellectual Property Rights”.
You are prohibited from reselling or acting as an agent for any component of the Service without DeckMatch’s prior express written consent.
Rights to the Content
You, as a user of the Service, retain all rights to content provided to the Service for processing. This includes any data, information, documents and any other material that is uploaded, recorded or otherwise made available in conjunction with the Service whether or not using your login to the Service (the “Content”). Content also includes the result of using the Service, such as information and data resulting from analysing content provided by the Service.
For personal data provided to the Service, also as part of the registration of an account in the Service, see “Processing of Personal Data”.
By submitting Content to the Service, you grant DeckMatch, or must procure that you grant DeckMatch the necessary right, also from a third party which has rights to the Content, to provide and process the Content for the purpose of providing the Service.
You also grant DeckMatch a right to analyse, transcribe, review, assess etc. the Content and any data, information, hereunder how you interact with and use the Service, inclusive for the use of machine learning/artificial intelligence training, for the purpose of improving the Service, and for connecting the Content and any data herein with data from third-party sources.
You represent and warrant that you have the right to give such license under the requirements set forth under “Copyright Infringement” below.
Copyright Infringement
You undertake that the Content or any other information or data provided to the Service or any other use of the Service does not infringe or violate any confidentiality restrictions, copyright, patent, trademark, service mark, trade name, trade secret, domain name or other intellectual property or proprietary rights of DeckMatch or any other third party and that you have the right to permit DeckMatch to use the aforesaid as described under “Rights to the Content” above.
DeckMatch will, in appropriate circumstances as determined in its sole discretion, terminate these Terms (including the license for the use of the Service and other rights granted to you herein) if you infringe the rights of others.
Personal data is any information collected or maintained by DeckMatch and the Service in your account or otherwise, that identifies or could be used to identify you and other physical persons.
When delivering the Service, DeckMatch will collect and process personal data about you and your use of the Service. By using the Service, you agree that DeckMatch can use your personal data in accordance with our Privacy Notice, as available on DeckMatch’s website, and in accordance with any agreement with you as these Terms, any order for the Services and data Processing Agreement.
You acknowledge and agree that the Service is conducted and provided by DeckMatch electronically, through the internet, and that DeckMatch cannot guarantee the security or privacy of any electronic communications in which you participate in transfer on the internet which are out of DeckMatch’s control.
Any processing of personal data is subject to DeckMatch’s Privacy Notice that is in effect at any time during the life of these Terms. You acknowledge that you have accessed and read DeckMatch’s Privacy Notice available on DeckMatch’s website.
DeckMatch will also comply with any Norwegian and EU privacy regulations.
In case these terms apply between an entity and DeckMatch, the entity will be a data controller, and DeckMatch will be a data processor, see more information in DeckMatch Privacy Notice. The processing of personal data DeckMatch makes on behalf of the entity will be governed by DeckMatch’s Data Processor Agreement, available here. By entering into these Terms, see above, the Data Processing Agreement is deemed accepted and is part of and included in the Terms.
The Service is provided “as-is” on an as-available basis and without any warranty of any kind, inclusive but not limited to warranty for merchantability, fitness for any particular purpose, compatibility, workmanlike effort, accuracy, availability, and/or non-negligent performance other than as described by DeckMatch under the terms of these Terms.
You agree to indemnify, defend and hold harmless DeckMatch and its partners from all claims, liabilities and expenses that arise from your use of the Service which are not in compliance with these Terms or are in breach of applicable laws, inclusive any infringement of any intellectual property, proprietary information, violation of privacy or other rights by you or by any person using your Login Information, whether or not such use was authorised by you.
DeckMatch reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You shall cooperate in good faith with DeckMatch in asserting any available defences.
DeckMatch shall not be liable for any indirect damages, including, without limitation, incidental and consequential damages, loss of profits or business opportunities, business interruption, or damages resulting from loss of confidentiality, data or loss of access to the Service, inclusive the quality of the Service as further described in “Quality of Service. Updates”.
In any event, DeckMatch’s total liability shall not exceed the amount paid by you for the Service during the last 12 months prior to the incident that caused the liability.
You may terminate these Terms by stopping using the Service and deleting your account.
DeckMatch may terminate these Terms (including the license and other rights granted to you herein) with one month’s notice without cause. If you are in breach of these Terms or the Privacy Notice, DeckMatch may, at its sole discretion, terminate your access to or use of the Service without prior notice.
The termination of the Terms, regardless of reason, will also terminate your subscription to the Service, and will not cause any return of the fee for the remaining (pre-paid) subscription period.
Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, pandemics, strikes or other labour disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation or request of any governmental authority, and errors or downtime in networks, power supply, gateway or similar failures of communication and failures of third-party service providers (including providers of internet services and telecommunications). Neither party will have any liability, other than for the payment of money owing, with the limitations set forth under the Terms, for their failure to perform any of their contractual obligations arising out of or in connection with events of force majeure.
DeckMatch is entitled, in whole or in part, to assign its rights and obligations under the Terms to a third party at its own discretion.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless expressly agreed to by DeckMatch in a non-electronic writing manually signed by a duly authorised officer of DeckMatch.
DeckMatch may need to inform you by sending you information about the Service, such as service announcements and administrative messages, by the email address you provided when registering for the Service or submitted in your Service user profile. You may also be contacted by other means of electronic communication, and/or by posting a notice on the DeckMatch website. You are responsible for updating your contact information so you can receive information from DeckMatch.
DeckMatch may offer to send you promotional information by SMS, email or other means of electronic communication. You may choose to opt in to receiving such communication and can manage your consents in your account or by contacting DeckMatch.
DeckMatch may, at any time, amend the provisions of these Terms, which shall be construed as an amendment to the agreement entered into by you/the entity you represent and DeckMatch. If you do not accept parts or all amendments, the Terms and the agreement entered into will terminate, and you may not continue to use the Service.
You agree to regularly check the Terms and DeckMatch’s Privacy Notice on the DeckMatch website to view the current Terms and Privacy Notice with any amendments. Notwithstanding anything in these Terms to the contrary, if DeckMatch posts amendments to the Terms on the DeckMatch’s website, such terms will automatically become effective, shall be incorporated into these Terms immediately, and where inconsistent with any other terms and conditions of these Terms shall supersede any such conflicting terms or conditions.
By using the Service after such revised terms are posted, you agree to be bound by any such revised terms at the effective time.
These Terms and the agreement entered into by you/your company and DeckMatch, which these Terms constitute by your use of the Service, shall be governed by and interpreted in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
Any dispute, controversy, or claim arising out of or in connection with the Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, with the United States District Court for the District of Delaware or the Delaware Court of Chancery, as the legal venue.
You acknowledge and agree that separate from any proceedings, DeckMatch may also seek injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable injury to itself, its trademarks, and other marks as included in "Intellectual Property Rights", and/or other intellectual property. In such proceeding, you consent to the jurisdiction of such a Court.
By using the Service, you expressly waive any claim that venue is improper or that the forum is inconvenient. You agree to submit to the personal jurisdiction of the courts specified herein for the purpose of litigating all such claims or disputes.
Deckmatch is the trading name for Deckmatch, Inc. with the following registered address and contact information:
US HQ
Deckmatch, Inc.
470 Ramona St, Palo Alto
CA 94301-1707
USA
Norwegian subsidiary
Roadshow AS
Org nr: 931059319
Kristian Augusts Gate 15c,
0164 Oslo
Norway
E-mail: contact@deckmatch.com
Web-page: deckmatch.com
