THANK YOU FOR USING THE DEEPQ AI PLATFORM (“THE PLATFORM”). PLEASE READ THESE DEEPQ AI PLATFORM USER TERMS AND CONDITIONS (“THE TERMS”) CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.
BY USING THE PLATFORM OR ANY PRODUCT OR SERVICE AVAILABLE WITHIN, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ANY PROVISION OF THE TERMS, PLEASE DO NOT USE THE PLATFORM. You represent and warrant that You are of legal age and otherwise competent to be contractually bound by these Terms. If You are accepting these Terms on behalf of Your employer, You represent and warrant that You are fully authorized to bind Your employer to these Terms. If You do not have the requisite authority, you may not accept these Terms or use the Platform or any product or service on behalf of Your employer.
These Terms, together with any additional terms provided to You by HTC when using the Platform (“Additional Terms”), each which may be amended from time to time, are a legal agreement between you, an individual or entity (“You” and “Your”), and HTC Corporation, or based on where You live one of its affiliates (“HTC”), that governs Your access to and use of the Platform. Your continued access to or use of the Platform following the posting of revised terms means that You accept and agree to any revised terms. You are expected to check this page each time You access or use the Platform so that You are aware of any changes, as they are binding on You. If there is a conflict between these Terms and the Additional Terms, the Additional Terms will govern.
The Platform is a cloud machine learning model platform developed and operated by HTC, which provides the users with cloud machines with a learning model training environment. The users can upload their dataset to the Platform through the web page management interface to engage in machine learning model training. After the training is completed, the users can download the programs for which training has been completed to the users’ terminals for use (“the Services”). The data that You upload are collectively referred to as “User Data”.
You must be 14 years of age or older to use the Platform. You certify that You are 14 years of age or older. If You are 14 ages of age or older, but under the age of majority or age subject to parental consent according to local law, You should review these Terms together with Your parent or guardian to ensure that You and Your parent or guardian understand and agree to these Terms.
To use certain functions of the Platform, you will be required to register an account with the Platform. When you register for an account, you must provide full, accurate and up-to-date account information, including but not limited to name, email, telephone, address (if you choose duplicate electronic uniform Invoice), e-invoice account information (mobile phone bar code, individual certificate bar code) etc. If you use the Platform on behalf of your employer, you will be asked to provide the telephone and add tax ID number (if you choose triplicate electronic uniform invoice) of the employer that you represent. You must keep your log-in credential confidential and shall not authorize or share with any third party. You agree that HTC may attribute all use of Your account to You and that You are responsible for all activities engaged with your account, including any service purchased with your account on the Platform. If you suspect that your account may have been used by a third party without your authorization, you must notify HTC immediately by sending an email to the below email address: email@example.com. When you register an account on the Platform through a social media account, we will link to such social media account based on your authorization or the setting that you use with such social media account and access your information from such account.
To use the Services provided through the Platform, you will need a computer that is connected to the Internet, an Internet connection and other compatible software. You understand that these system requirements may change from time to time. Your ability to access and use Services on the Platform. You shall be solely liable for these system requirements and the associated costs.
HTC may record and store the unique device identification code of Your personal computer or other electronic equipment. The availability of Services will vary between countries and not all Services are available in Your country of residence.
The Platform does not provide data backup hosting Services, (i) HTC does not guarantee that the User Data you upload will not be removed, damaged, destroyed, lost or become no longer available; (ii) you should make your own regular backups of the User Data that you upload to the Platform, as well as information that you acquire from the use of the Services on the Platform.
Subject to your full compliance with these Terms and the Addendum, HTC grants You a limited, personal, non-assignable, non-exclusive and revocable license to access and use the Platform and the Services controlled and operated by HTC for personal and non-commercial purposes during your applicable rental, purchase or license period, or the period during which HTC is entitled to provide you with the Services.
If you breach these Terms, HTC may immediately terminate your right to use of the Platform, products and/or HTC related accounts, without providing any refund. The license under Articles 9 and 10 are subject to your compliance with the below restrictions. You shall not:
Other than those provided in these Terms, HTC has no obligation and may not provide any support services to the Platform or any Service published through the Platform.
Other than the User Data that you upload in accordance with these Terms, you may provide verbal or written comments, suggestions, ideas, plans, explanations, drawings or other information related to the Platform or Services (“Feedback”). HTC is free to use, disclose, reproduce, license or otherwise distribute such Feedback without any obligations to You.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND ALL SERVICES PROVIDED THROUGH THE PLATFORM ARE PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS” AND “AS AVALIABLE” AND THE ENTRIE RISK OF USE AND PERFROAMNCE, REMAINS WITH YOU. HTC AND ITS SUPPLIERS AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, HTC, ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT THE PLATFORM, ANY SERVICES AVAILABLE WITHIN: (I) WILL MEET YOUR REQUIREMENTS OR WILL WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY HARDWARE; (II) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (III) OR ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (IV) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. ALL SERVICES AVALIABLE FOR YOU AND OTHER MATERIAL YOU DOWNLOAD OR ACCESS AND USE THROUGH THE PLATFORM ARE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM. USE OF THIS PLATFORM MAY AFFECT THIRD-PARTY HARDWARE, SOFTWARE, APPLICATIONS, DEVICES, OR SERVICES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THESE TERMS BUT HTC’S LIABILITY FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH AND TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION..
IN NO EVENT WILL HTC OR ANY SUPPLIER OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; DIRECT; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS OR THE PLATFORM AND/OR ANY SERVICE(S), EVEN IF HTC OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 18 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 18 MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER THIS SECTION 18, HTC’S AND ITS SUPPLIERS’ AND LICENSORS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, THE PLATFORM, ANY SERVICES AVAILABLE WITHIN WILL BE TO RECOVER OF: THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE PLATFORM, ANY SERVICES AVAILABLE WITHIN UP TO FIVE DOLLARS (U.S. $5.00).
THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS, THE PLATFORM, THE SERVICES, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. EXCEPT FOR THE EXCLUSIVE REMEDY IN THE FOLLOWING SENTENCE, THESE ACTUAL MONEY DAMAGES WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 19 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 19 MAY NOT APPLY TO YOU.
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT, YOU AND HTC AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR HTC WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND HTC WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE)..
You will defend, indemnify, and hold harmless HTC, its directors, officers, employees, agents, partners, suppliers, and licensors and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (i) Your unauthorized use of the Platform and/or any Services; (ii) any violation by You of these Terms; (iii) Your violation of any another party’s rights or applicable law; or (iv) any User Data You provide.
The Platform and the Services provided through the Platform are not designed for system that do not require fail-safe performance. You may not use the Platform or Services through the Platform in any device or system in which a malfunction would result in foreseeable risk of injury or death to any person. This includes operation of nuclear facilities, aircraft navigation or communication systems and air traffic control.
The interpretation of these Terms or any dispute or disagreement arising out of any breach of this agreement shall be governed by the laws of Taiwan, regardless of conflict of laws principles. All other claims, including any claim arising out of the Consumer Protection Act, Unfair Competition Act or any act of torts, shall be governed by the laws of the country or territory where you reside. You irrevocably agree that any dispute arising out of this Terms or any matter related hereto shall be subject to the first-instance jurisdiction of the Taiwan Taipei District Court. If the applicable law does not allow for the designation of the Taipei District Court as the first-instance court, the court of jurisdiction shall be determined in accordance with the applicable laws.
These Terms do not change Your rights under the laws of the country in which You reside if the laws of Your country do not permit it to legally change Your rights. You may have rights under the laws of the country in which You reside that are in addition to, or different from, the rights set forth in these Terms.
You will comply with all national or international laws, regulations and legislations applicable to this Platform and any Service available through the Platform, including but not limited to the US Export Administration Regulations (software is subject to these regulations), as well as any relevant restrictions on users, purpose of use and destination promulgated by the government.
The titles of the clauses of these Terms are provided for the parties’ convenience only and shall not carry any legal or contractual meaning. If HTC does not take any action against your breach, it does not constitute a waiver of its right to take action against any subsequent or similar breach. No waiver of any clause of these Terms shall be valid unless it is signed in writing. No waiver shall be deemed a waiver of a similar clause or any other clause. If a court of competent jurisdiction rules that any terms, covenant or restriction of these Terms is illegal, invalid or unenforceable, the remaining terms or restrictions shall remain in full force and effect, and will in no way be affected, impaired or invalidated. You may not assign, transfer or sublicense any of your rights (if any) under these Terms. These Terms are binding on all HTC successors and assignees.
These Terms and any Additional Terms constitute the entire agreement for the license and use of the Platform.
If you have any question about these Terms, please send all notices and letters to:
To: HTC Corporation Attention: General Counsel No. 88, Section 3, Zhongxing Road Xindian District, New Taipei City 231 Taiwan, Republic of China