Master Terms of Service Agreement

1. Definitions

For purposes of this Agreement, the following terms shall have the meanings set forth below. These definitions apply whether singular or plural and throughout all sections of this Agreement.

2. Agreement Structure

2.1 Binding Nature. This Agreement governs your use of the Service and forms a legally binding contract between you and Deep Disco LLC. By accessing or using the Service, you accept and agree to comply with this Agreement.

2.2 Incorporated Sections. All sections of this document, including data privacy, data processing, AI use disclosures, telecommunication compliance, arbitration, and class action waiver, are fully integrated into this single Agreement. Accepting these Terms means you accept all incorporated sections.

2.3 Updates to the Agreement. Deep Disco may update or modify this Agreement at any time, with or without prior notice. The updated version will be posted to the Service with a revised "Last Updated" date. Your continued use of the Service after any changes become effective constitutes your acceptance of the updated Agreement.

3. Eligibility

3.1 Age and Capacity. You represent and warrant that you are at least eighteen (18) years of age or the age of majority in your jurisdiction and have the legal capacity to enter into this Agreement.

3.2 Authority on Behalf of Entity. If you are using the Service on behalf of a business or organization, you represent that you have full legal authority to bind that entity to this Agreement and that all actions you take will be considered actions of that entity.

3.3 Legal Compliance. You represent that you (a) are not located in a country subject to a U.S. government embargo, (b) are not on any U.S. government list of prohibited or restricted parties, and (c) are not otherwise barred from using the Service under Applicable Law.

4. Account Registration

4.1 Account Creation. To use most features of the Service, you must create an account by providing accurate and complete information. You agree to keep this information current and updated.

4.2 Credentials Security. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account. Deep Disco is not liable for any loss or damage arising from unauthorized access resulting from your failure to safeguard your credentials.

4.3 Unauthorized Access. You agree to notify Deep Disco immediately if you suspect any unauthorized use of your account or any other breach of security.

4.4 Suspension or Termination of Accounts. Deep Disco may suspend or terminate your account, or restrict your access to some or all of the Service, at any time and at Deep Disco's sole discretion, including for nonpayment, violation of these Terms, suspicious or abusive activity, security risks, or to comply with legal requirements.

5. Access to the Service

5.1 License Grant. Subject to your compliance with this Agreement and timely payment of all applicable fees, Deep Disco grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

5.2 Modifications to the Service. Deep Disco may, at its sole discretion, modify, enhance, discontinue, or otherwise change any aspect of the Service, including features, functionality, interfaces, integrations, or underlying technologies, without prior notice or liability. This includes the right to add, modify, or remove AI models, telephony capabilities, dashboards, and analytics features.

5.3 Service Limitations. Deep Disco may limit the Service's availability, in whole or in part, to any person, geographic area, or jurisdiction it chooses, at any time and in Deep Disco's sole discretion.

5.4 No Commitment to Future Features. You acknowledge that any public statements about future functionality are not binding and that Deep Disco has no obligation to deliver any such future features or improvements.

6. License Restrictions

You agree that you will not, and will not permit any third party to:

• Copy, modify, or create derivative works of the Service, in whole or in part;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, or models used by the Service;
• Sell, resell, rent, lease, sublicense, distribute, or otherwise transfer rights to the Service;
• Bypass, circumvent, or attempt to defeat any security or usage-limitation mechanism of the Service;
• Use the Service for any purpose that competes with Deep Disco, including building a similar or competing product or service;
• Use automated scripts, bots, or other means to unduly burden or interfere with the operation of the Service;
• Access the Service for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes, without our express written consent.

7. Your Responsibilities

7.1 Accuracy of Customer Data. You are solely responsible for the accuracy, quality, legality, and integrity of all Customer Data. Deep Disco does not verify, and is not responsible for verifying, any Customer Data.

7.2 Verification of AI Outputs. You acknowledge that all AI-generated content, including classifications, summaries, extractions, recommendations, structured fields, and any other outputs, may contain errors, omissions, or inaccuracies. You are solely responsible for reviewing, verifying, and validating the accuracy and suitability of AI outputs before relying on them or using them for any decision-making, reporting, or customer communication.

7.3 Compliance with Laws. You are solely responsible for using the Service in compliance with all Applicable Laws, including and without limitation telecommunication regulations, call recording laws, privacy regulations, and the TCPA and mini-TCPA laws. The Service is not a substitute for your own compliance program or legal advice.

7.4 Backups. You are responsible for creating and maintaining your own backups of Customer Data. Deep Disco does not guarantee that any Customer Data will be recoverable.

7.5 End-User Notices and Consents. You are responsible for providing any legally required notices to, and obtaining any legally required consents from, your end users and contacts before using the Service to collect or process their information, including but not limited to recording or monitoring calls or sending automated communications.

8. AI Use Disclosure & Limitations

8.1 Nature of AI Services. The Service uses AI Services that, by their nature, may:

• Misinterpret speech or text;
• Generate factually incorrect or incomplete outputs;
• Produce hallucinations or fabricated information that does not exist in your original data or records;
• Misclassify or mislabel data or categories;
• Summarize in ways that omit material facts, context, or nuance;
• Produce different outputs for the same or similar inputs at different times.

8.2 No Guarantee of Accuracy or Completeness. Deep Disco makes no representation or warranty regarding the accuracy, completeness, reliability, correctness, or usefulness of any AI-generated content or AI recommendations. You acknowledge that AI outputs are probabilistic and may be wrong, misleading, or incomplete.

8.3 No Professional Advice. AI outputs provided through the Service do not constitute legal, financial, medical, or professional advice of any kind. You are solely responsible for obtaining independent professional advice where needed.

8.4 Human Review Required. You agree to maintain human oversight of all AI outputs and to review, confirm, and exercise independent judgment before relying on any AI-generated content for business decisions, legal decisions, financial decisions, communications with customers or prospects, or any other critical purpose.

8.5 Third-Party AI Providers. Our AI features may use models and infrastructure provided by third parties. These third-party providers may update, modify, or deprecate models and interfaces at any time. Deep Disco is not responsible for changes in AI model behavior, style, performance, or availability.

8.6 Allocation of Risk. You assume all risk associated with your use of AI outputs. Deep Disco shall not be liable for any decisions you make or fail to make based on AI-generated content.

9. Call Recording, Outbound Calling & Telecom Compliance

9.1 Call Recording. The Service may enable the recording and transcription of calls. You are solely responsible for:

• Determining whether call recording is legal in each relevant jurisdiction;
• Providing required notices to all participants where required by law;
• Obtaining all legally required consents before call recording begins;
• Complying with one-party consent or two-party/all-party consent laws, as applicable.

Deep Disco is not responsible for your compliance with call recording laws and does not provide legal advice regarding such compliance.

9.2 Outbound Calling and TCPA. You are solely responsible for ensuring that any outbound calls or text messages initiated through the Service comply with:

• The Telephone Consumer Protection Act (TCPA);
• State "mini-TCPA" statutes;
• Do Not Call (DNC) lists and rules;
• Consent and opt-out requirements for marketing and informational calls/texts;
• All other telecommunication and consumer protection laws.

Deep Disco does not warrant or represent that the Service ensures your compliance with any of the above requirements.

9.3 Consent and Opt-Out Obligations. It is your responsibility to obtain, document, and maintain all required consents from your contacts and to honor any opt-out requests. You agree not to use the Service to engage in unlawful telemarketing or spam or to contact individuals who have not given the required consent under Applicable Law.

9.4 No Legal Warranty. Deep Disco provides tools and infrastructure but does not serve as your legal counsel or compliance officer. You acknowledge that you must seek independent legal counsel regarding all telecommunication compliance matters.

9B. SMS Messaging and Voice Calling Program Terms

Deep Disco provides tools that enable business customers ("Businesses") to send service-related SMS messages and place voice calls to their own end-clients ("Clients"). Businesses are solely responsible for obtaining and maintaining all legally required consents from their Clients before initiating any SMS or voice communications through the platform.

For staffing and recruiting workflows, service-related messages may include candidate intake, employer job order intake, interview or call scheduling, availability follow-up, placement-process status updates, and follow-up questions needed to complete an active staffing matter. The Service is not intended for purchased contact lists, third-party lead generation, affiliate marketing, or broad recruiting blasts without direct recipient consent.

Message frequency varies. Message and data rates may apply.

For SMS messages, recipients may reply STOP to opt out at any time and will receive a confirmation message. Recipients may reply HELP for assistance or contact support at team@deepdisco.ai.

Carriers are not liable for delayed or undelivered messages.

Additional details regarding messaging practices are available in our Privacy Policy and SMS Consent Disclosure.

10. Acceptable Use Policy

You agree that you will not, and will not permit any third party to, misuse the Service. Prohibited activities include, without limitation:

• Using the Service to harass, threaten, defame, or abuse any person;
• Using the Service to send spam, mass unsolicited messages, or robocalls in violation of Applicable Law;
• Recording calls without appropriate notice and consent;
• Uploading, transmitting, or storing illegal, infringing, or harmful content;
• Attempting to gain unauthorized access to any systems, networks, or data;
• Interfering with or disrupting the integrity or performance of the Service;
• Testing the vulnerability of the Service without express written authorization;
• Abusing AI systems by attempting to circumvent safeguards or intentionally generating harmful content.

Deep Disco may immediately suspend or terminate your access to the Service for any violation of this Acceptable Use Policy, without any refund or compensation.

11. Fees, Billing, Pricing & Service Changes

11.1 Subscription Fees. You agree to pay all subscription fees associated with your selected plan. Subscription fees grant you access only to the features and usage limits described in that plan.

11.2 Usage-Based Fees and Overage Charges. In addition to subscription fees, you agree to pay all usage-based fees and overages for calls, texts, AI processing, storage, and any other metered usage. Usage is measured and calculated by Deep Disco's systems, and our measurements are final and binding absent clear evidence of a manifest error.

11.3 Automatic Billing & Payment Authorization. You authorize Deep Disco (and its third-party payment processors) to automatically charge your designated payment method for all applicable subscription fees, usage fees, overage fees, taxes, and charges incurred under your account. You are responsible for keeping your payment information up to date.

11.4 Pricing Changes. Deep Disco may change subscription prices, usage rates, and overage charges at any time. For existing customers, such changes will apply to future billing cycles only. We may notify you of pricing changes via email, the Service interface, or other reasonable means. Your continued use of the Service after new pricing goes into effect constitutes your acceptance of the new pricing.

11.5 New Fees and Features. Deep Disco may introduce new features or services that are subject to additional fees. We may also discontinue or change features at any time. Where legally required, we will notify you of material changes that significantly reduce core functionality.

11.6 Taxes. Fees are exclusive of any taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes (excluding taxes based on Deep Disco's income).

11.7 Nonpayment and Collections. If any payment is not received when due, Deep Disco may suspend or terminate your access and may seek to recover amounts due through collection efforts, which may include additional fees, interest, and legal costs.

11.8 Flat-Rate Subscription Plans. Certain plans ("Flat-Rate Plans") operate on a fixed monthly or annual subscription fee that includes a predetermined number of Discovery sessions per billing period. Each Discovery session is defined as either (a) up to 10 minutes of AI-powered voice call time, or (b) up to 40 SMS message segments of AI-powered text conversation. Usage beyond the included session allotment is not permitted; AI calls and text sessions will be paused when the session limit is reached, and will resume at the start of the next billing period or upon upgrade to a higher-tier plan. No per-unit, overage, or consumption-based fees apply to Flat-Rate Plans. Deep Disco reserves the right to modify the number of included sessions, session definitions, or plan pricing at any time in accordance with Section 11.4.

11.9 Usage-Based Plans. Certain plans, including Enterprise plans, may include usage-based billing components in addition to or in lieu of a flat subscription fee. Usage-based components may include per-minute charges for voice calls, per-segment charges for text messages, AI processing fees, and other consumption-based fees as described in the applicable order form or plan description. For usage-based plans, the provisions of Sections 11.2 through 11.7 apply in full.

11.10 SMS Message Segments. For purposes of plan usage measurement and billing, one "text" or "text message" equals one SMS message segment. A standard SMS segment includes up to 160 characters encoded in GSM-7. Messages exceeding 160 characters, or messages containing Unicode characters (such as emojis, special symbols, or non-Latin scripts), may be transmitted as multiple segments by the carrier or messaging provider. Each segment counts separately toward included session usage or, for usage-based plans, is billed as a separate text message. Segment calculation is determined by our third-party messaging provider and applicable carrier standards, and Deep Disco's measurements are final and binding absent clear evidence of a manifest error.

11.11 Session Definitions. A "Discovery session" or "session" as used in plan descriptions and billing refers to one unit of AI-powered client interaction. For voice-based Discovery, one session equivalent equals 10 minutes of call time. For text-based Discovery, one session equivalent equals 40 SMS message segments. Session equivalents from voice and text interactions are combined and measured against the total session allotment for your plan. Partial sessions are prorated (e.g., a 5-minute call consumes 0.5 session equivalents). Deep Disco reserves the right to modify session definitions upon reasonable notice.

12. Term, Suspension & Termination

12.1 Term. This Agreement begins on the date you first access the Service and continues until terminated in accordance with these Terms.

12.2 Suspension. Deep Disco may suspend your access to the Service, in whole or in part, immediately and without notice if we believe, in our sole discretion, that:

• You have violated this Agreement or the Acceptable Use Policy;
• Your use poses a risk to the security, availability, or integrity of the Service or to other users;
• Your account is in arrears or payment has failed;
• Your use may subject Deep Disco or any third party to liability or regulatory scrutiny.

12.3 Termination by Deep Disco. Deep Disco may terminate your access to the Service, in whole or in part, at any time and for any reason, including for nonpayment, violation of these Terms, AUP violations, risk management, or if we decide to discontinue the Service.

12.4 Termination by You. You may terminate this Agreement and your account at any time by discontinuing use of the Service and, if applicable, following any account closure procedures. Unless required by law, you will not be entitled to any refund of prepaid fees.

12.5 Effect of Termination. Upon termination, your right to use the Service will immediately cease. Deep Disco may delete or deactivate your account and all related Customer Data at any time following termination, subject to Applicable Law and its data-retention policies. Some data may persist in backups or logs for a limited period.

12.6 Survival. Any provisions of this Agreement that by their nature should survive termination (including, but not limited to, payment obligations, IP ownership, confidentiality, disclaimers, limitations of liability, indemnities, arbitration, and governing law) shall continue in full force and effect.

13. Data Privacy, Security & Safety

13.1 Data Categories We Collect. In connection with your use of the Service, Deep Disco may collect and process:

• Account information (e.g., name, email address, company name, contact details);
• Billing information (e.g., payment method, billing address, transaction details);
• Customer Data (e.g., call recordings, transcripts, SMS messages, customer information you provide);
• Usage data (e.g., pages visited, features used, timestamps, log files);
• Device and technical data (e.g., IP address, browser type, operating system, device identifiers);
• Support and communication data (e.g., emails you send us, support tickets, in-product messages).

13.2 Purposes of Processing. Deep Disco processes data in order to:

• Provide, operate, maintain, and improve the Service;
• Deliver AI outputs, summaries, extractions, analytics, and reports;
• Handle billing, account management, and customer support;
• Monitor usage, detect fraud, and ensure security and integrity of the Service;
• Analyze usage trends to develop and improve features;
• Comply with legal obligations, respond to legal process, and enforce this Agreement.

13.3 Security Measures. Deep Disco implements commercially reasonable technical and organizational security measures designed to protect Customer Data from unauthorized access, disclosure, alteration, or destruction. These measures may include encryption in transit, access controls, logging, and monitoring. However, you acknowledge that no method of transmission or storage is completely secure, and Deep Disco cannot guarantee absolute security.

13.4 De-Identified and Aggregated Data. Deep Disco may create De-Identified Data from Customer Data and usage data. Deep Disco may freely use and exploit De-Identified Data for any lawful purpose, including analytics, benchmarking, improving the Service, developing new products, and generating industry insights, provided that such data does not identify you or your end users.

13.5 Sharing with Subprocessors and Service Providers. You authorize Deep Disco to share data with subprocessors and service providers as reasonably necessary to provide the Service, such as hosting providers, AI providers, telephony carriers, email providers, analytics vendors, and payment processors. These subprocessors are contractually obligated to protect data in a manner materially consistent with this Agreement.

13.6 Cookies and Similar Technologies. The Service may use cookies, pixels, and similar technologies to enable core functionality (e.g., session management and authentication), improve performance, analyze usage, and remember your preferences. You can control certain cookie settings through your browser, but disabling essential cookies may impair functionality.

13.7 Safety, Security, and Integrity. Deep Disco may monitor and log usage of the Service, consistent with Applicable Law, to maintain the safety, security, and integrity of the Service; to detect and prevent fraud, abuse, or misuse; and to investigate suspicious activity. Deep Disco may preserve and disclose information (including Customer Data and account information) if we believe in good faith that doing so is reasonably necessary to:

• Comply with lawful requests by public authorities, including law enforcement or regulatory agencies;
• Protect our rights, property, or safety, or the rights, property, or safety of our users or the public;
• Enforce this Agreement or investigate potential violations;
• Detect, prevent, or address fraud, security, technical issues, or other harmful activity.

13.8 SMS Messaging for Users. Deep Disco collects users' phone numbers solely to provide account-related SMS messaging such as onboarding, notifications, and support. Deep Disco does not send SMS messages to users' clients unless initiated by the user through the platform.

13.9 Responsibility for Client Phone Numbers. If users upload or enter the phone numbers of their clients into the platform, they represent that they have obtained all required permissions and consents to send SMS messages to those clients. Deep Disco does not access, sell, or share client phone numbers for marketing or third-party use.

13.10 Website Analytics and Session Replay. Deep Disco may use analytics providers, including Microsoft Clarity (and related Microsoft Advertising tooling), to measure and improve Service performance and user experience. These tools may use first-party and third-party cookies and similar technologies to collect interaction data, including behavioral metrics, heatmaps, and session replay. By using the Service where these tools are active, you consent to this collection and use as described in the Privacy Policy. Additional information about Microsoft's data practices is available in the Microsoft Privacy Statement.

14. Data Processing Addendum

14.1 Roles. For purposes of data protection and privacy laws, you are the "data controller" (or equivalent term) of Customer Data, and Deep Disco is a "data processor" (or equivalent term) processing such data on your behalf.

14.2 Lawful Basis & Consents. You represent and warrant that you have all necessary rights, consents, and lawful bases to collect, process, and provide Customer Data to Deep Disco for use under this Agreement, and that your instructions to Deep Disco regarding processing will not cause Deep Disco to violate Applicable Law.

14.3 Processing Instructions. Deep Disco will process Customer Data only in accordance with your documented instructions and as necessary to provide and maintain the Service, except where otherwise required by Applicable Law. Where law requires processing beyond your instructions, Deep Disco will inform you of that legal requirement unless prohibited by law.

14.4 Subprocessors. You grant Deep Disco general written authorization to engage subprocessors for data processing activities. Deep Disco will ensure that its subprocessors are bound by obligations no less protective than those in this Agreement. A list of key subprocessors may be provided upon request.

14.5 Security & Breach Notification. Deep Disco will implement appropriate safeguards and, in the event of a confirmed data incident affecting Customer Data, will notify you in accordance with Applicable Law and will provide information reasonably necessary to help you meet your legal obligations.

14.6 Data Subject Rights. To the extent reasonably possible, Deep Disco will assist you in responding to data subject requests exercising their rights under Applicable Law, provided that you are responsible for verifying the identity and scope of such requests.

15. Data Retention & Deletion

15.1 Retention. Deep Disco may retain Customer Data for as long as reasonably necessary to provide the Service, comply with legal obligations, resolve disputes, enforce its rights, and maintain business records. Deep Disco may also retain certain metadata, logs, and De-Identified Data for longer periods for security, analytics, and product-improvement purposes.

15.2 Deletion Requests. Upon your written request and subject to technical feasibility and legal obligations, Deep Disco will make commercially reasonable efforts to delete or anonymize Customer Data. Data stored in backups or archives may be retained until those backups are cycled or overwritten in the ordinary course of business, and such data may remain inaccessible to routine user operations.

15.3 No Guarantee of Retrieval. Once Customer Data is deleted or anonymized, it may not be recoverable. You are solely responsible for exporting or backing up Customer Data before termination or deletion. Deep Disco does not guarantee that any specific Customer Data will be retrievable after termination or after any requested deletion is completed.

16. Third-Party Services & Dependencies

16.1 Use of Third Parties. The Service may rely on or integrate with third-party services, platforms, and providers, including but not limited to AI model providers, telephony carriers, payment processors, hosting providers, analytics tools, and authentication services.

16.2 No Responsibility for Third Parties. Deep Disco does not control and is not responsible for the availability, performance, accuracy, or policies of any third-party services. Third-party issues may impact your use of the Service, and Deep Disco is not liable for any resulting interruption, error, or loss.

16.3 Third-Party Terms. Your use of certain features may be subject to additional terms and conditions imposed by third-party providers. You agree to comply with any such third-party terms.

16.4 Vendor Changes. Deep Disco may change third-party vendors at any time without notice and may modify integrations accordingly. You acknowledge that such changes may affect the functionality of certain features and agree that Deep Disco shall not be liable for any resulting impact, provided that the core intent of the Service remains materially similar.

17. Intellectual Property Rights & Licenses

17.1 Deep Disco IP. Deep Disco and its licensors retain all rights, title, and interest in and to the Service, including all software, source code, object code, algorithms, AI models, prompts, interfaces, designs, text, graphics, logos, and all intellectual property rights therein. No rights are granted to you except as expressly set forth in this Agreement.

17.2 Ownership of Customer Data. You retain ownership of all Customer Data. Nothing in this Agreement transfers ownership of Customer Data from you to Deep Disco.

17.3 License to Customer Data. You grant Deep Disco a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, process, transmit, display, and create derivative works from Customer Data for the following purposes:

• Providing, operating, and maintaining the Service;
• Delivering AI outputs, analytics, and reports as requested by you;
• Improving, testing, and enhancing the Service and AI models (including training and fine-tuning models in a manner that does not disclose your individual identity or confidential business information to other customers);
• Developing new products, services, and features, provided that any external use is based on De-Identified Data;
• Complying with legal obligations and responding to lawful requests.

17.4 De-Identified and Aggregated Data. Deep Disco may freely use and exploit De-Identified Data for any lawful purpose, including analytics, benchmarking, machine-learning model training, and marketing or industry reports, as long as such data does not identify you or your end users.

17.5 Feedback. If you provide feedback, suggestions, or recommendations about the Service, Deep Disco may freely use, disclose, reproduce, license, or otherwise exploit such feedback without any obligation or compensation to you. You hereby assign to Deep Disco all rights in such feedback.

18. Confidentiality & Law Enforcement Cooperation

18.1 Confidential Information. During the term of this Agreement, each party may disclose Confidential Information to the other. Each party agrees to protect the other party's Confidential Information using the same care it uses for its own confidential information of a similar nature, but in no event less than reasonable care.

18.2 Use and Disclosure. The receiving party may use Confidential Information only to exercise its rights and perform its obligations under this Agreement and may disclose such Confidential Information only to its employees, contractors, and advisors who need to know it and who are bound by confidentiality obligations at least as protective as those herein.

18.3 Exceptions. Confidential Information does not include information that: (a) is or becomes publicly known without breach of this Agreement; (b) is received from a third party without breach of any obligation of confidentiality; (c) is independently developed without use of or reference to the disclosing party's Confidential Information; or (d) is approved for release by written authorization of the disclosing party.

18.4 Compelled Disclosure & Law Enforcement. The receiving party may disclose Confidential Information if required by law, regulation, or court order, or in response to lawful requests by public authorities, including law enforcement. Where legally permitted, the receiving party will provide the disclosing party with reasonable notice so that the disclosing party may seek a protective order or other appropriate remedy. Deep Disco may also disclose information to law enforcement or other authorities if we believe in good faith that such disclosure is reasonably necessary to protect the rights, property, or safety of Deep Disco, our users, or the public.

19. Warranties & Disclaimers

19.1 "As Is" Service. The Service is provided on an "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" basis. Deep Disco and its suppliers expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

19.2 No Warranties as to AI Outputs. Deep Disco does not warrant that AI outputs will be accurate, complete, reliable, error-free, or suitable for your use cases. You acknowledge that AI outputs may be incorrect, incomplete, or inconsistent over time.

19.3 No Professional Advice. The Service does not provide legal, financial, medical, or other professional advice. You are solely responsible for obtaining professional advice as needed and for verifying the accuracy and suitability of any information obtained through the Service.

19.4 No Guarantee of Results. Deep Disco does not guarantee that the Service will result in increased sales, improved performance, closed deals, or any particular business outcomes. Past performance is not indicative of future results.

20. Limitation of Liability

20.1 Limitation of Liability. To the maximum extent permitted by law, Deep Disco's total aggregate liability arising out of or relating to this Agreement or your use of the Service shall not exceed the amount you paid to Deep Disco for the Service in the thirty (30) days immediately preceding the event giving rise to the claim.

20.2 Exclusion of Certain Damages. To the maximum extent permitted by law, in no event shall Deep Disco be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunities, or data, arising out of or in connection with this Agreement or your use of the Service, whether in contract, tort (including negligence), strict liability, or otherwise, even if Deep Disco has been advised of the possibility of such damages.

20.3 Specific Exclusions. Without limiting the generality of the foregoing, Deep Disco is not liable for any damages, losses, or claims arising out of or related to: (a) AI hallucinations, misclassifications, or inaccuracies; (b) your failure to obtain required consents; (c) your non-compliance with telecommunication or recording laws; (d) interruptions or failures of third-party services; or (e) your reliance on any outputs generated by the Service.

20.4 Allocation of Risk. You acknowledge that the fees charged by Deep Disco reflect the allocation of risk set forth in this Agreement and that Deep Disco would not enter into this Agreement without these limitations on its liability.

21. Indemnification

You agree to defend, indemnify, and hold harmless Deep Disco and its officers, directors, employees, contractors, agents, affiliates, successors, and assigns from and against any and all claims, demands, damages, liabilities, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Service;
• Your violation of this Agreement or any Applicable Law;
• Your failure to obtain required consents for calling, texting, or recording;
• Your Customer Data, including any allegation that such data infringes or violates the rights of a third party;
• Any dispute between you and your customers, prospects, or contacts;
• Your negligence, misconduct, fraud, or unauthorized use of the Service.

Deep Disco may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Deep Disco in asserting any available defenses.

22. Governing Law

This Agreement and any dispute arising out of or relating to this Agreement or the Service shall be governed exclusively by the laws of the State of Texas, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

23. Arbitration Agreement

23.1 Mandatory Arbitration. Any dispute, controversy, or claim arising out of or relating to this Agreement, the Service, or the parties' relationship shall be resolved exclusively through binding arbitration, rather than in court, except as expressly provided in this Agreement.

23.2 Administration & Rules. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules in effect at the time the arbitration is initiated. The arbitration shall be conducted by a single arbitrator and shall take place in Dallas County, Texas, unless the parties mutually agree otherwise.

23.3 Small Claims Court. Either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction instead of arbitration.

23.4 Waiver of Jury Trial. By agreeing to arbitration, you and Deep Disco each waive any right to a jury trial in any forum.

23.5 Opt-Out. If you do not wish to be bound by this Arbitration Agreement, you must notify Deep Disco in writing within thirty (30) days of the date you first accept these Terms. Your written notice must include your name, account information, and a clear statement that you wish to opt out of the Arbitration Agreement. If you opt out, all other provisions of this Agreement shall continue to apply.

23.6 Exceptions. Notwithstanding the foregoing, Deep Disco may bring an action for injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights, Confidential Information, or to collect past due amounts owed by you.

24. Class Action Waiver

To the fullest extent permitted by law, you and Deep Disco agree that any proceedings to resolve or litigate any dispute shall be conducted solely on an individual basis, and that neither party will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.

25. Notices

25.1 Notices to Deep Disco. Notices to Deep Disco under this Agreement shall be in writing and delivered to:

Deep Disco
#477
6333 E Mockingbird Ln STE 147
Dallas, TX 75214

25.2 Notices to You. Deep Disco may provide notices to you via email to the address associated with your account, via the Service interface, or by any other reasonable electronic means. You agree that such electronic notices satisfy any legal requirement that such notices be in writing.

26. Service Availability (No SLA)

Unless Deep Disco enters into a separate written service-level agreement (SLA) with you, Deep Disco makes no specific guarantees regarding the uptime, availability, response times, or performance of the Service. The Service may be unavailable from time to time due to scheduled maintenance, emergency maintenance, third-party outages, or other reasons. Deep Disco is not liable for any harm caused by such downtime or service interruptions.

27. Export Compliance

You represent and warrant that you are not located in a country or territory subject to U.S. government sanctions, and you are not a person or entity currently listed on any U.S. government list of prohibited or restricted parties. You agree to comply with all U.S. and international export control laws and regulations applicable to your use of the Service.

28. Assignment

You may not assign or transfer this Agreement, or any rights or obligations hereunder, without Deep Disco's prior written consent, and any attempted assignment without such consent shall be null and void. Deep Disco may freely assign or transfer this Agreement, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

29. Modifications to Agreement

Deep Disco may modify this Agreement at any time in its sole discretion. When changes are made, Deep Disco will update the "Last Updated" date at the top of this Agreement and may provide notice via the Service or email. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

30. Severability

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be deemed modified to the extent necessary to make it valid and enforceable, consistent with the parties' original intent.

31. Entire Agreement

This Agreement constitutes the entire agreement between you and Deep Disco with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, communications, or agreements, whether written or oral, regarding such subject matter.

32. Contact Information

If you have any questions about this Agreement or the Service, you may contact Deep Disco at:

Deep Disco
#477
6333 E Mockingbird Ln STE 147
Dallas, TX 75214
team@deepdisco.ai

Deep Disco SMS Messaging Program Terms

Program Name: Deep Disco Service Messaging

Program Description

Deep Disco provides a messaging platform that enables businesses using the Deep Disco service to send service-related SMS messages to their own clients regarding intake conversations, appointment scheduling, follow-ups, and related business communications, including real estate intake and staffing candidate, employer job order, interview scheduling, and placement-process follow-up. Messages are transactional and service-related, not third-party lead generation, affiliate marketing, or unrelated recruiting broadcasts.

Clients may opt in to SMS through a Deep Disco invitation email by selecting Text Opt In, or through an initial SMS opt-in request by replying YES. Example opt-in screens are available below.

Opt-Out Instructions

You can cancel SMS messages at any time by replying STOP to any message. After you send the SMS message STOP, you will receive a confirmation message that you have been unsubscribed. After this, you will no longer receive SMS messages from that sender unless you opt in again.

Help Instructions

If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can contact us directly at support@deepdisco.ai.

Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages.

Message Frequency & Fees

Message frequency varies depending on your interaction with the business using Deep Disco. Message and data rates may apply for messages sent to you from us and to us from you. For questions about your text or data plan, please contact your wireless provider.

Privacy Policy

For information about how we collect and use personal information, please review our Privacy Policy: https://deepdisco.ai/privacy