SoftActivity

Terms of Service

DEEP SOFTWARE INC. – TERMS OF SERVICE

Last Updated: May 24 2023

1. ACCEPTANCE OF TERMS.

1.1 Overview.

The following terms and conditions (these “TOS”) govern all use by You as a Visitor (as defined below) or User (as defined below) (“You”) of (a) Deep Software Inc’s websites and domains (including all webpages, subdomains and subparts therein contained, the “Site”), such as softactivity.com and softactivity.net (b) any and all services available on or through the Site or otherwise provided by Deep Software Inc. (“Deep Software”) in connection with services listed on the Site, and (c) all Software (as defined below) (collectively, the “Services”). The Services are owned and operated by Deep Software Inc. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Deep Software Inc. By agreeing to these Terms of Service (ToS), you are also acknowledging and agreeing to our Data Processing Agreement (DPA), which forms an integral part of these terms. If you are accessing our services from the European Union or the United Kingdom, please review our DPA carefully. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY DEEP SOFTWARE INC. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.

1.2 Modification.

Deep Software reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these TOS at any time. It is your responsibility to check these TOS periodically for changes. Your continued use of the Services following the posting of any changes to these TOS constitutes acceptance of those changes. If any change to these TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

1.3 Language.

We may translate these Terms of Service, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Site into other languages (ie: Spanish, French, Italian) for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.

2. DESCRIPTION OF SERVICES

Deep Software provides Software to companies and organizations to securely monitor usage of computers owned by them, for user activity monitoring, productivity tracking and insider threat detection. Our software enables companies to monitor and analyze computer activities to improve productivity, ensure compliance, and enhance security. With our easy-to-use platform, businesses can gain valuable insights into employee behavior while maintaining data privacy and security. At Deep Software, we are committed to providing top-quality solutions and exceptional customer service to help our clients achieve their goals. The Software includes (1) SoftActivity Monitor and (2) SoftActivity TS Monitor on-premise applications; (3) SoftActivity Work cloud-based SaaS application.

Individuals may browse the website, download applications, and may sign up for a free trial or a demo (“Visitors”). We provide ongoing support and product updates to our current product-holders and license-holders (“Users”) to ensure that all software programs are up-to-date. These TOS apply to You and your use of the Services as a User or Visitor of the Services.

3.YOUR USE OF THE SERVICES.

3.1 The Services.

Deep Software hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, registering for a product or service, in each case (i) in compliance with these TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services; (iii) rent, lease, resell, distribute or use the Services for commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates theft or fraud; (vii) send unsolicited or unauthorized advertisements, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation, whether commercial or not; (viii) attempt to access the Software through automated robots, spiders, scrapers or other automated means; (ix) tamper with, alter, or remove any proprietary markings or notices, including any copyright or trademark notices of Deep Software or its partners or suppliers, whether intentionally or otherwise; (x) attempt to test the vulnerability of or breach the authentication measures of the Services or any related networks or systems, including any probes, scans, or tests that may compromise the security or stability of the Services or its related systems; (xi) attempt to gain authorized access any accounts, computer systems or networks connected to the Services through hacking, password mining or any other means; (xii) use the Services to publish, post, distribute or transmit any content that is fraudulent, malicious, or unlawful, including content that is defamatory or contains illegal information, images, materials, or descriptions;

3.2 Software.

If you are allowed to download or use any Software in connection with the Services, Deep Software hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in Your organization in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by Deep Software in conjunction with the Software. For purposes of this TOS, “Software” shall mean any and all software that is available on or through the Site or otherwise provided by Deep Software.

It is Your responsibility to ensure that you have the necessary hardware, software, and communication lines to access and use the Services at your own risk and expense. Deep Software may modify the access configuration of the Services or any part of it without prior notice.

3.3 Legal Compliance.

The use of computer monitoring software to record an individual’s activity without their knowledge may be considered illegal in certain provinces, states, countries, or jurisdictions. Installation of the Software is permitted solely to the computer owners and system administrators, security managers and IT personnel authorized by the computer owner. Deep Software assumes no liability and is not responsible for any misuse of the software. It is Your sole responsibility to comply with all applicable local, provincial, state, federal, and international laws and regulations, including, but not limited to, employment and privacy-related laws, computer and user monitoring-related laws, collectively referred to as “Laws”. The use of Services in a way that violates Laws is strictly prohibited.

4. PAYMENT AND SUBSCRIPTION

4.1 The use of Deep Software’s Services is subject to payment of Fees as described in the pricing section of the website. Deep Software reserves the right to modify the fees at any time, with or without notice, and the modified fees will be effective immediately upon posting on the website.

4.2 In case of recurring subscription, payment is due at the beginning of each billing period, and customers are responsible for paying all fees by the due date. If payment is not received within a specified period, Deep Software may suspend or terminate the customer’s access to the services.

4.3 All fees are non-refundable except as required by law or otherwise stated in this TOS or in an order form on the Website. The customer agrees to provide accurate and complete payment information and to update it as necessary. If the customer disputes any charges, the customer must notify Deep Software within thirty (30) days of the charge and provide all relevant information to support the dispute.

4.4. The customer is responsible for all taxes associated with the services, except for taxes on Deep Software’s net income, property or its employees income.

4.5 Payment methods Visitors and Users may select when using the Service:

  • Secure online credit cards processed by FastSpring, USA
  • Bank wire transfer
  • Cheque
  • Credit Card
  • Paypal
  • Other methods

5. PRODUCT REGISTRATION OBLIGATIONS.

To be a registered User of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by Deep Software’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Deep Software has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, and Deep Software has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof).

6. ACCOUNT, PASSWORD AND SECURITY.

As part of the Services registration process and/or Trial or Demo Period, Deep Software may require an account password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Deep Software of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session. Deep Software will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Deep Software shall be the sole arbiter of such dispute in its sole discretion and that Deep Software’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

7. CONTENT.

7.1 Site Content, Copyright, & Intellectual Property

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by Deep Software in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Deep Software may own the Site Content or portions of the Site Content may be made available to Deep Software through arrangements with third parties. Except as expressly authorized by Deep Software in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of Deep Software. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

7.2 Restrictions.

Whether you are using the Services as a Visitor or User, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through your use of Our Services, You agree not to use the Services to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a Deep Software representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
  • upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale of editing and drafting services listed on the Site;
  • upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • unlawfully monitor usage that would otherwise constitute as unlawful;
  • intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by (ii) laws and regulations (foreign or domestic) regarding the sale of services (including without limitation with respect to licensure requirements, maximums or limits on educational Services, etc.); or
  • stalk or otherwise harass any person or entity.

Deep Software takes the utmost concern for the safety and privacy of its Users, particularly children. All users of the Services must meet the age requirement of being at least eighteen (18) years old or older than the age of legal majority in their respective jurisdiction, if it is higher than 18. By using the Services, you warrant that you meet the age requirement and are a legally competent adult in your jurisdiction. You agree not to use the Services to develop a competing product or service or advise any third party on how to do so without Deep Software’s prior written permission.

8. DATA AND USER CONTENT.

8.1 Data Collection and User Content.

Deep Software may collect, and store data related to the use of its Services. In case of the cloud-based Software, this may include but not limited to computer and network activity, application usage, and user behavior. By using the Services, you acknowledge and consent to the collection and storage of such data. You acknowledge and agree that any information, text, data, images, photos, video, files, or other materials that You submit, post, or display on or through the Services, or the Services may collect (collectively, “User Content”) are solely your responsibility. The collected data and User Content may be used by Deep Software to improve the Services, monitor compliance with these TOS, and investigate and resolve any potential security or performance issues.

Deep Software reserves the right to remove or refuse to accept any User Content from the Services that violate this TOS or any applicable laws, regulations, or policies. We may also remove User Content that we believe is harmful, illegal, or inconsistent with our values and mission. Our decision to remove any materials is at our sole discretion and we are not liable for any damages or losses that may result from such removal.

For its on-premise Software, Deep Software will not collect any User Content, or data beyond what is minimally necessary to ensure the proper functioning of the software and its features, including but not limited to checking for updates. As the user, You are responsible for storing all data and taking necessary security measures.

It is Your responsibility to ensure that the collection of User Content by the Software is in compliance with all applicable laws and regulations. You are responsible for informing your employees, contractors, or other individuals whose computer activity is being monitored by the Services of the data collection and monitoring activities, as well as obtaining any necessary consents or approvals for such monitoring. Deep Software is not liable for any failure by you to provide adequate notice or obtain required consents, or for any misuse or unauthorized access to the collected data.

8.2 Confidentiality.

Deep Software acknowledges that in the course of providing the Services, it may have access to certain confidential information of the User, including but not limited to User Content (collectively, “Confidential Information”). Deep Software agrees to maintain the confidentiality of all such Confidential Information and will not disclose or use any such Information for any purpose other than to provide the Services, unless required by law. Deep Software shall maintain industry-standard administrative, physical, and technical security measures to safeguard the confidentiality, security and integrity of the Services and of the Confidential Information. You agree to keep confidential all non-public information provided by Deep Software or obtained through the use of the Services. This includes, but is not limited to, information related to the software, product features, development plans, price lists, and any other information designated as confidential by Deep Software. Users may not disclose any of this information for any purpose, unless required by law.

Deep Software and You shall restrict the use of any Confidential Information solely to its employees and contractors who have signed a confidentiality agreement with terms similar to those of this Agreement. The Confidential Information will only be accessed on a need-to-know basis and in accordance with the terms of this Agreement , unless otherwise required by law.

8.3 Limitation of Liability for Security Breaches.

While Deep Software takes great care to implement strong security measures to protect User Content and data, it is important to acknowledge that no security system can provide perfect protection against all potential risks and threats. Despite our best efforts, there is always the possibility of unauthorized access, disclosure, modification, or other security breaches that may affect You or Your User Content. Therefore, unless required by applicable law, Deep Software cannot be held liable for any such incidents or their consequences.

9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable use. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from Canada or the country in which you reside.

The Services are subject to Canadian export controls. No part of the Services may be exported or re-exported into, or to a national or resident of, any country to which Canada has embargoed goods and/or services of the same type as the Services. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not located in, and you are not a national or resident of, any such country. Further, no part of the Services (including any Software) may be exported or re-exported to any person or entity appearing on the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security’s Denied Persons List. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.

10. INDEMNITY.

You agree to defend, indemnify and hold Deep Software, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your Content; the services listed on the Service; your use of, contribution to or connection with the Service; your violation of these TOS; and/or your violation of any rights of another. Deep Software shall provide notice to you of any such Claim, provided that the failure or delay by Deep Software in providing such notice shall not limit your obligations hereunder. Deep Software reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Deep Software’s defense of such matter.

11. SERVICE MODIFICATIONS/SUSPENSIONS.

Deep Software reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that Deep Software shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

12. TERM AND TERMINATION

12.1 Subscription Term: If you have purchased a subscription to the Services, the subscription Term will be as specified in your order or as otherwise agreed to by the parties, usually one month or one year, or during the free trial period granted to You by Deep Software to evaluate the Services. Unless otherwise agreed, your subscription will automatically renew for successive periods equal to the initial subscription Term, unless either party gives written notice of non-renewal at least thirty (30) days prior to the end of the then-current subscription term.

Throughout the Term, Deep Software shall provide Support Services to User in compliance with Deep Software’s current support policy, as outlined in the relevant order form.

Deep Software, in its sole discretion, may terminate your license, subscription, password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due Deep Software, or if Deep Software believes that you have violated or acted inconsistently with the letter or spirit of these TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Deep Software may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that Deep Software shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of these TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).

13. LINKS.

The Services may provide, or third parties may provide, links to other Internet websites or resources. As Deep Software has no control over such websites and resources, you acknowledge and agree that Deep Software is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Deep Software shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.

14. DISCLAIMER OF WARRANTIES.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DEEP SOFTWARE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. DEEP SOFTWARE MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. DEEP SOFTWARE IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER OF ANY THIRD PARTY; AND DEEP SOFTWARE WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of Users, Visitors, and/or third parties in connection with the Site or any Services to DEEP SOFTWARE. DEEP SOFTWARE, in its sole discretion, may investigate the claim and take necessary action.

15. LIMITATION OF LIABILITY.

DEEP SOFTWARE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR  COMPUTER VIRUSES, MALFUNCTIONS, A FAILURE IN SOFTWARE, OR OTHER INTANGIBLE LOSSES (EVEN IF DEEP SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF $100.00 CAD IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND DEEP SOFTWARE’S REASONABLE CONTROL. DEEP SOFTWARE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, DEEP SOFTWARE IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND DEEP SOFTWARE HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

16. RELEASE.

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE DEEP SOFTWARE, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY SERVICE LISTED THEREON.

17. PRIVACY.

All information provided by you or collected by Deep Software in connection with the Services is governed by Deep Software’s Privacy Policy which is hereby incorporated by reference into these TOS. Deep Software strongly recommends that you review the Privacy Policy closely.

Under the California Consumer Privacy Act (“CCPA”), Deep Software operates as a “service provider,” not a “business” or “third party,” with respect to your use of our Services. As a service provider, we process any data you share with us strictly for the purposes you signed up for, as outlined in these Terms of Service, and our Privacy Policy. Deep Software does not retain, use, disclose, or sell any of the information you provide for any other commercial purposes without your explicit permission. By adhering to this practice, we commit to upholding data privacy and protecting your information according to the CCPA’s guidelines. In turn, you, as the user, agree to comply with your requirements under the CCPA and not use our Services in a manner that violates these regulations. Both parties are expected to abide by the CCPA to ensure data privacy and proper handling of information.

18. NOTICE.

Notices to you may be made via either email or regular mail to the address in Deep Software’s records. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address:

#204-2455 Dollarton Hwy.
North Vancouver, BC, V7H 0A2
Canada
Email: customer.service@softactivity.com

19. TRADEMARK INFORMATION.

The trademarks, service marks, and logos of Deep Software (the “DEEP SOFTWARE Trademarks”) used and displayed in connection with the Services, including but not limited to SoftActivity, are registered and unregistered trademarks or service marks of Deep Software. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with Deep Software Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Deep Software specific for each such use. The Trademarks may not be used to disparage Deep Software, any third party or Deep Software’s or third party’s products or services, or in any manner (in Deep Software’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Deep Software approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Deep Software Trademark shall inure to Deep Software’s benefit.

20. GENERAL.

20.1 Entire Agreement.

These TOS constitutes the entire agreement between you and Deep Software and governs your use of the Services as a Visitor or User, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Deep Software on the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content, third party software or the Services in a manner other than as governed by these TOS.

20.2 Choice of Law.

These TOS and the provision of the Services to you are governed by the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions, as such laws are applied to agreements entered into between a Canadian-operated company and the User and/or Visitor.

20.3 Arbitration.

Any controversy or claim arising out of or relating to these TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the British Columbia International Commercial Arbitrary Centre (BCICAC). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in British Columbia, Canada, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and Deep Software agree to submit to the personal jurisdiction of the courts located within the city and country of Greater Vancouver, Canada. Either you or Deep Software may seek any interim or preliminary relief from a court of competent jurisdiction in British Columbia, Canada, necessary to protect the rights or property of you or Deep Software (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

20.4 Waiver; Invalid Provisions.

The failure or delay of Deep Software to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of these TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOS shall remain in full force and effect.

20.5 Time to File Claim.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.

20.6 Titles.

The section titles in these TOS are for convenience only and have no legal or contractual effect.

20.7 Violations.

Please report any violations of these TOS to Deep Software by email to customer.service@softactivity.com