Terms of Service

Terms of Use

TERMS OF USE

Thank you for using DeepSky. This website and application, as well as any and all associated websites, applications, mobile sites, and mobile applications (collectively referred to as the "Website" or "Websites") is operated by Preemo, Inc. (d/b/a DeepSky) ("us/we/our"), with a principal office address of 2 E. 3rd Avenue, San Mateo, California 94401.

These Terms of Use contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read this carefully. These Terms of Use cover your use of the Website and our other services, along with any associated software applications and websites (collectively, "Services"). For the remainder of this document, Services shall be included in the meaning of the term "Website" and vice-versa.

We offer this Website for your use conditioned upon the acceptance of all of these terms, conditions, policies and notices stated herein. Your continued use of this Website constitutes your agreement to these Terms of Use. If at any time you do not agree to these Terms of Use, please do not use this Website.

THIS WEBSITE USES ARTIFICIAL INTELLIGENCE OR AI TECHNOLOGY TO GENERATE CONTENT AND PERFORM SERVICES. THAT MEANS RESPONSES ARE GENERATED AUTOMATICALLY BASED ON YOUR INPUT.

NOTICE OF ARBITRATION: THESE TERMS OF USE REQUIRE YOU TO SUBMIT MOST DISPUTES TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE WEBSITE, THESE TERMS OF USE OR OUR PRIVACY POLICIES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT, EXCEPT FOR SMALL CLAIMS COURT. MORE INFORMATION ABOUT ARBITRATION IS SET FORTH BELOW.

YOU MAY NOT USE OUR WEBSITE IF YOU (A) ARE NOT AN AUTHORIZED SUBSCRIBER; (B) DO NOT AGREE TO THESE TERMS; (C) ARE NOT THE AGE OF MAJORITY ACCORDING TO THE LAWS OF YOUR JURISDICTION; OR (D) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

You may not use this Website for any illegal purpose, and you must use it in compliance with all applicable laws, rules and regulations. You shall not use the website in a way that may cause the website's service to be interrupted, damaged, rendered less efficient or in such a way that the effectiveness or functionality of the website is in any way impaired or compromised. You agree not to attempt any unauthorized access to any part or component of this website.

CONTENT

Input and Output. You may provide information to the Website ("Input") and receive output from the Website ("Output"). Input and Output are collectively "Content." You are responsible for the use of all Content, including ensuring that it does not violate any applicable law or these Terms. By entering, uploading or providing Input, you are representing and warranting that you have all rights, licenses, and permissions needed to provide Input to our Services.

Third party Services. Our Services may include third-party content, software, products or services ("Third Party Services"), and some parts of our Services may include Output from those services ("Third Party Output"). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.

Similarity of content. Due to the nature of our Services and artificial intelligence generally, Output may not be unique and other users may receive similar Output from our Services.

Our use of content. We may use Content to comply with applicable law, enforce our terms and policies, and keep our Services safe. We will not use your Content to train our models. Please note that in some cases this may limit the ability of our Services to address your specific use case.

PAID SUBSCRIPTIONS

Billing. Paid subscriptions purchased through the Website require a valid payment method with complete and accurate billing information, paid in U.S. Dollars. You agree that if you purchase of a recurring subscription of Services, we may store your billing information and continue billing your payment method so that Services can be provided uninterrupted. Paid subscriptions will result in an automatic charge of your payment method for each renewal period, as . Upon cancellation, renewal will cease at the end of the period in which you cancel your services. You will be responsible for all applicable taxes and fees, as required by applicable local laws. If your payment cannot be completed or your billing information changes, we may downgrade your account until payment is received.

Cancellation. You have the right to cancel your subscription at any time. You can do so by contacting us at contact@deepsky.ai, or by following the appropriate steps as provided on the Website. Cancellation will occur after at the end of the current period during which a cancellation is requested, and result in .

Refunds. Payment's are non-refundable, unless required by law. The Terms of Use detailed herein do not override applicable local laws.

Price Changes. We reserve the right to change our prices

ACCURACY AND POTENTIAL ERRORS OR OMISSIONS

We strive to provide complete, accurate, up-to-date information. However, artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.

Despite our efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current.

When you use our Services you understand and agree that:

  • Output may not always be accurate. You should not rely on Output as a sole source of truth or factual information, or as a substitute for professional advice.
  • You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
  • You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
  • You should manually review all Output before sharing. All shared Output should be attributed to You or your company.
  • When using Output, you must indicate that the Output is AI-generated in a clear and conspicuous manner that no user could reasonably miss or misunderstand.

Our Services may provide incomplete, incorrect, or offensive Output that does not represent our views.

If Output references any third-party products or services, it doesn't mean the third party endorses or is affiliated with us.

THIS WEBSITE DOES NOT PROVIDE ANY FINANCIAL ADVICE

Information on the Website is not intended as a substitute for the advice provided by professionals, financial, accounting, tax or otherwise. The services, tools, and content provided on this Website---including any projections, risk assessments, or recommendations generated through automated systems or AI---are provided solely for informational, educational, and personal use purposes. Nothing on this Website or in any Output constitutes, or should be interpreted as, financial, investment, legal, tax, or other professional advice. Any Output produced by our AI-based financial modeling tools are based on the data you provide and generalized algorithmic assumptions. They do not consider your full financial picture and are not a substitute for actual advice from a qualified financial professional.

By agreeing to these Terms, you acknowledge and agree that:

  • We are not a registered investment advisor, broker-dealer, or fiduciary;
  • We do not monitor your input for accuracy or completeness;
  • Output may be based on third-party content that has not or cannot be independently verified by us.
  • Any forecasts, analyses, or recommendations generated through AI or automation are provided "as-is" and without warranty as to their accuracy, appropriateness, or fitness for any particular financial purpose;
  • You are solely responsible for verifying the accuracy of your data and for making any financial decisions based on your own judgment or consultation with a licensed advisor.

We do not guarantee the performance of any financial strategy or outcome based on AI outputs and disclaim all liability arising from reliance on such outputs.

DATA PRIVACY AND SECURITY

We use commercially reasonable security measures---including data encryption, secure infrastructure, access controls, and continuous monitoring---to protect your information. However, no system is completely secure, and we cannot guarantee the absolute security of your data. By using this website, you acknowledge and accept the inherent risks associated with electronic data storage and transmission and release us from liability for any unauthorized access, disclosure, or loss outside of our reasonable control.

You are responsible for maintaining the confidentiality of your account credentials and for ensuring that your financial data is accurate and up to date. If you suspect unauthorized access to your account or data, you agree to notify us promptly.

For full details on how we collect, use, share, and protect your data, please review our Privacy Policy.

Information provided on the Website and the use of any Service DOES NOT create an advisory or fiduciary relationship between you and us.

COPYRIGHT, TRADEMARKS AND OTHER Intellectual Property

You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within this Website shall remain at all times vested in us or, in cases where we are using such material or content under authority from a third party, in the owner of such material or content.

We grant you the limited right to access and make use of the Website as our customer. However, you shall not: (a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose; (b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content; (c) use any meta tags, search terms, key terms, or the like that contain the Website's name or our trademarks; (d) engage in any activity that interferes with the Website or another user's ability to use the Website; (e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website; or (f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

You shall not use, copy, distribute, or exploit any of the Website Content in any manner without our prior written permission.

All Website Content and all materials and content contained within the Website, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Website, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

Our Website and e-bulletins contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. By posting on our Website, you agree that we may use a single post without using your real name or any personally identifiable information in our promotional material at no charge to us.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of the Website and/or our e-bulletins for the sole purpose of placing an order with Website. Except as provided in the preceding sentence or as permitted by the fair use privilege under the United States copyright laws (see e.g. 17 U.S.C. § 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content on the Websites and/or in our e-bulletins, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.

Changes to Website or These Terms of Use

Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website or any portion of it.

We may alter these Terms from time to time, and your use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website.

The Website is subject to constant change*.* You will not be eligible for any compensation or have any recourse because you cannot use any part of the Website, Services or because of a failure, suspension or withdrawal of all or part of the Website.

External Websites and Resources

We are not responsible for the availability of any websites owned or controlled by third parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

User Content AND OBLIGATIONS

In order to use our Website, you agree to provide true, accurate, current and complete information about yourself and to maintain and promptly update such account information. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of our Website. Account information and certain other information about you are subject to the terms of our Privacy Policy.

The Website contains interactive features that allow users to upload or post ("Input"). We have no obligation to actively monitor the Input our users post on our Website, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any Input. All Input expresses the views and opinions of the user and does not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post Input, for any reason whatsoever.

By using this Website, you agree that:

  • You will not upload, post, email or otherwise transmit any Input or other material that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity's intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).
  • You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
  • You will not repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images or content.

Although we strive to keep Input private, you should be very careful about posting personally identifiable information such as your name, address, telephone number or email address.

If you choose to communicate or meet with other users of the Website, you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Website.

BY UPLOADING INPUT, YOU REPRESENT AND WARRANT THAT:

  • YOU HAVE THE FULL RIGHT, AUTHORITY, AND PERMISSION TO POST AND DISTRUBITE ALL INPUT YOU SUBMIT;
  • YOU ARE THE SOLE CREATOR OF ALL INPUT OR YOU HAVE OBTAINED WRITTEN CONSENT OR OTHERWISE HAVE THE RIGHT TO SUBMIT SUCH INPUT TO THE WEBSITE;

If you believe that any Content is inaccurate or objectionable, you should contact us by sending an email to contact@deepsky.ai. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.

Infringement Notice

We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email to the following address: contact@deepsky.ai.

In order for us to more effectively assist you, the notification must include all of the following:

  • A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner's behalf;
  • A description of the copyrighted work or other right you claim has been infringed or violated;
  • Information reasonably sufficient to locate the material in question on the Website;
  • Your name, address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

DISCLAIMERS

WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

AS SET FORTH IN OUR PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.

LIMITATIONS OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

OUR AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

INDEMNIFICATION

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY INPUT YOU POST TO THE WEBSITE AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

GOVERNING LAW

To the fullest extent permitted by applicable laws, these Terms of Service and any dispute that might arise between you and us will be governed by the laws of the State of Delaware and applicable federal laws of the United States of America, consistent with the Federal Arbitration Act (9 U.S.C. § 1 et seq.), without regard to any principle of conflict-of-laws. You further agree that any dispute that is not subject to arbitration or eligible for small claims actions shall be heard, venued and decided exclusively by a state court of competent jurisdiction located in the State of Delaware, or in the United States District Court for the District of Delaware and that you waive all objections to such jurisdiction and venue.

BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER

Arbitration Agreement. Except as otherwise stated below, any claim or dispute between you and us (or any of our subsidiaries or affiliates) arising out of relating in any way to the Website, these Terms or our products or services shall be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a breach of contract, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and we specifically acknowledge and agree to waive your right to bring a lawsuit based on such claim(s) or dispute(s) and your right to have such lawsuit resolved by a judge or a jury.

This Arbitration Agreement shall be governed by the Federal Arbitration Act, (9 U.S.C. § 1 et seq.). Any arbitration will be commenced and administered by JAMS under the rules of JAMS, including JAMS Consumer Arbitration Minimum Standards https://www.jamsadr.com/consumer-minimum-standards/. Provided JAMS' criteria are met by the nature of the dispute, the arbitration shall be conducted under JAMS Streamlined Arbitration Rules & Procedures https://www.jamsadr.com/rules-streamlined-arbitration/. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. If you are unable to pay JAMS' costs, we will pay all arbitration fees and expenses. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then the arbitration will be conducted by National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable

The arbitrator shall have the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon both you and us. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that this sentence shall not apply to the Class Action Waiver provisions described below. The arbitrator will render a decision in writing. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.

This Arbitration Agreement will survive the termination of your relationship with us.

Excluded Disputes. You and we agree that the following disputes are excluded from this Arbitration Agreement: (1) any dispute, claim, or controversy arising out of or relating to an alleged violation of a party's intellectual property rights, including but not limited to claims of patent, copyright, trademark, or trade secret infringement. This category of claims and disputes shall be resolved through litigation in a court of competent jurisdiction, rather than through arbitration; (2) individual claims brought in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief. Any challenges or issues as to the enforceability or applicability of the arbitration and class-action waiver provisions shall be decided in the first instance by the arbitrator.

Class Action Waiver. To the fullest extent permitted by applicable law, you and we agree to bring any claim or dispute, whether in arbitration, or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There shall be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). The arbitration will decide the rights and liabilities, if any, of you and us alone. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity. Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with us.

One-Year Time Limit to Raise Disputes or Claims. You agree that any dispute, claim or lawsuit, regardless of form, that may arise out of or related to these Terms or your use of the Website, must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the dispute, claim(s) or lawsuit. After the expiration of the one-year period, such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.

Thirty-Day Right to Opt Out. You have the right to opt out of the arbitration requirement by sending written notice of your decision to opt out to the following email address: contact@deepsky.ai within thirty days after first becoming subject to these terms. Your notice must include your name and address, the email address you used to set up your online account (if you have one), and an unequivocal statement that you want to opt out of the arbitration requirement. In the event you opt out, all other parts of this Agreement will continue to apply.  Opting out of this arbitration agreement has no effect on any other obligations to arbitrate that you may currently have, or may enter in the future, with us. This opt-out right does not apply to the class-action waiver provision.

Waiver of Jury Trial.  BOTH YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein.  We are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.  However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Location. You may choose to have the arbitration conducted by video conference technology such as Zoom or based on written submissions. Otherwise, the location of the arbitration proceeding shall take place in the city or state where you reside, unless each party agrees otherwise, or at another mutually agreed upon location.

Batch arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and we agree that JAMS or NAM will administer them in batches of up to 50 claimants each ("Batch"), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. JAMS or NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Investigations of Violations of These Terms

We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

Notice for California Users

If our Website or any of our Services is deemed an "electronic commercial service" under California Civil Code Section 1789.3, residents of California are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs. Information on how to file a complaint can be found here -- https://www.dca.ca.gov/consumers/complaints.

We are located at 2 E. 3rd Avenue, San Mateo, California 94401 and may be reached by email at contact@deepsky.ai. You may also contact us through the Website.

Miscellaneous

If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use.

These Terms of Use and our Privacy Policies, and any other terms or agreements that may be posted on the Website (as may be amended from time to time) ("Website Agreements") contain the entire agreement between you and us relating to the Website and your use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements.

You may send us notices or communicate with us by email at contact@deepsky.ai. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send an email to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.

Privacy: If you have any questions regarding privacy, please read our privacy policy at:  https://www.auth.deepsky.ai/privacy-policy

DATE LAST MODIFIED JUNE 30, 2025