Effective Date: May 28, 2021
Last Updated: June 7, 2023
Welcome to Deeper signals. Deeper Signals, Inc. and its affiliates provide our website at www.deepersignals.com (the “Site”) and our talent assessment and digital coaching services accessible via our Site.
Throughout these Terms of Service, our Site and services (including subscription-based services) will collectively be referred to as the “Services.” Your use of our Services is subject to your acceptance of these Terms of Service (the “Terms”). Please read these Terms carefully and completely before using our Services. By using any of our Services, you agree to be bound by these Terms including any additional terms, conditions, and policies incorporated by reference to it. If you do not agree with any part of these Terms, please do not use our Services.
These Terms apply to all Site visitors and users of our Services (“you” or “users”).
Privacy Policy
For information on how we collect, use, and disclose information from you, please refer to our Privacy Policy. By using our Services, you agree that your use is subject to our Privacy Policy.
Who may use our Services
To use our Services, you must be over the age of legal majority. To make a purchase via our Services, you must be 18 years or older and able to form legally binding agreements under applicable law.
Registration
For some of our Services, you will need to create an account by providing your first and last name and an email address. It is important that you provide accurate, complete, and up-to-date information for your account and agree to update such information as needed. Additionally, you should never disclose your account information to anyone else and you agree to notify us immediately of any unauthorized use of or access to your account. You are responsible for all activities that occur under your account, whether or not you know about them.
Deeper Signals may, in its sole discretion, for any reason, and at any time, revoke, suspend, or restrict your access to our Services.
Purchases and Subscriptions
Deeper Signals provides Services for purchase. Descriptions of the features associated with our Services are available on our Site. All prices are quoted in US dollars and you agree to pay the full price for each Service involving a purchase by credit card, debit card, or any other payment method accepted by us. You agree to pay all applicable taxes and fees, if any.
Additionally, Deeper Signals offers enhanced features of our Services which can be purchased as a monthly or yearly subscription (“Subscription”). When you purchase a Subscription or other Service, we may ask you to provide additional information relevant and necessary to your transaction, such as your credit or debit card number and billing and delivery addresses.
The amount to be paid by you for the Services will be presented to you before you place your order. If you choose to initiate a purchase, you authorize us to provide your payment information to third-party service providers so we can complete your transaction. You will receive a confirmation email detailing your purchase after we confirm the payment for your order.
We reserve the right to not process or to cancel your order for any reason and in our sole discretion (including, for example, if your payment method is declined or we believe the purchase to be fraudulent). In order to verify your identity before confirming your purchase, we may need you to provide additional information. Any information requested by us will be necessary and proportional to the reason for asking. We will either not charge you or will refund the charges for orders that we do not process or that we cancel.
All payments made are non-refundable and non-transferable except as expressly provided for in these Terms.
Automatic Subscription renewal
Monthly Subscription plans will begin on the start date and will continue to be renewed each month, unless cancelled prior to the renewal date.
Yearly Subscription plans will begin on the start date and last for twelve (12) months. You will have a thirty (30) day grace period to cancel a yearly Subscription. Cancellation fees will be equal to one month’s fee and the number of users added to your account (at the applicable pay-per-user rate).
Subscription renewals will be processed using the payment information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid being billed for the next Subscription period.
Changes to Subscription prices
We reserve the right to change our Subscription prices at any time. If we do change our Subscription prices, we will notify you before such changes become effective. These changes will only apply for Subscription renewals taking place after the price changes have been communicated to you and will not apply retroactively.
If you do not wish to renew your Subscription after being notified of the price changes, you may choose to cancel your Subscription in accordance with the “How to cancel your Subscription” section below.
Unpaid charges
If any fees are not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel, or terminate your access to our Services.
If your payment method on file fails for any reason, Deeper Signals may continually attempt to charge such payment method until payment is successful. We reserve the right to lock your account if we are unsuccessful in processing your payment and you will remain responsible for all charges and uncollected amounts incurred until you cancel your Subscription.
How to cancel your Subscription
You may cancel the renewal of your Subscription at any time through your user account. You will not receive a refund for the fees already paid for your current Subscription period and will continue to receive the Services purchases until the end of your current Subscription period.
Return and refund policy
Our Services, including Subscriptions, are not eligible for returns or refunds. If you have concerns about our Services, please contact us at hello@deepersignals.com and we will work with you to address your concerns.
Future functionality
You agree that any purchases of our Services are not contingent on the delivery of any future functionalities or features, or dependent on any oral or written comments made by Deeper Signals regarding future functionalities or features.
Proprietary Content
For purposes of these Terms, “content” means text, graphics, images, designs, logos, icons, audio clips, downloads, interfaces and code, software, and any intellectual property held by Deeper Signals. All content posted, generated, provided, or otherwise made available through our Services is the exclusive property of Deeper Signals, its affiliates, and content providers and is protected by copyrights, registered trademarks, and other applicable laws. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying our Services.
You further agree that the copying, downloading, or printing of information or materials included on our Site, other than as otherwise expressly permitted by Deeper Signals, is for your personal and noncommercial use only. Any other use of information and/or materials on our Site, including but not limited to, the modification, distribution, transmission, performance, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any Services, information, or materials obtained from the Site, is expressly prohibited.
Deeper Signals retains full and complete title to the Services, information, and materials provided on the Site, including all associated intellectual property rights.
Content usage rights
You agree not to do any of the following:
- Upload, publish, submit, or transmit any content that (i) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (ii) is fraudulent, false, misleading, or deceptive; (iii) is defamatory, obscene, vulgar, or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (v) is violent or threatening or promotes violence;
- Provide a false email address or other personally identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content or your identity;
- Use, display, or mirror our Services, or any individual element within our Services, Deeper Signals’ name, trademark, logo, or other proprietary information, without Deeper Signals’ express written consent;
- Attempt to scan or test the vulnerability of any Deeper Signals system or network or breach any security or technological measures;
- Attempt to decipher or reverse engineer any software used to provide our Services;
- Upload, distribute, or otherwise publish through the Site any content that contains software viruses, mass mailings, or any form of spam; or
- Use our Services in any manner not permitted by these Terms.
We reserve the right to monitor access to or use of our Services for the purpose of operating our Services, ensuring compliance with these Terms, and complying with other applicable laws, regulations, or requirements.
We have the right to investigate violations of these Terms or conduct that affects our Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to third-party websites or resources
Our Services may contain links to third-party websites. We provide these links only as a convenience and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all information on these other websites and we are not responsible for the content, products, or services that may be offered through any of these other websites.
Deeper Signals is not responsible for any losses, damages, or other liabilities incurred as a result of the use of any websites referenced on our Site. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Warranty disclaimers
Use of our Services is at your own risk. Our Services are provided “as is” and “as available,” without warranty of any kind. Deeper Signals expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to: warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of a course of performance or course of dealing.
We make no warranty that the Services will meet your requirements or be available on an uninterrupted or error-free basis. Deeper Signals also does not make any warranties or representations regarding the use of our Services in terms of their completeness, accuracy, usefulness, timeliness, reliability, authenticity, or otherwise.
Indemnification
You agree to indemnify and hold harmless Deeper Signals and its affiliates, and their officers, directors, employees, contractors, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in connection with (i) your access to or use of our Services or (ii) your violation of these Terms.
We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such matter.
Limitation of liability
Neither Deeper Signals nor any other party involved in creating, producing, or delivering our Services (including our affiliates and business partners) will be liable for any direct, indirect, punitive, incidental, special, exemplary, or consequential damages, including, but not limited to (i) lost profits, (ii) loss of data or goodwill, (iii) service interruption, (iv) the cost of substitute Services arising out of or in any way connected with these Terms or from the use of or inability to use our Services, whether based on contract, tort, strict liability or otherwise, even if Deeper Signals or its affiliates or business partners have been advised of the possibility of damages.
In addition to the above, you specifically acknowledge and agree that Deeper Signals, its affiliates, or business partners will not be liable for any defamatory, offensive, illegal, or otherwise inappropriate or objectionable conduct of any user of our Services. Your sole remedy for any of the above claims or any dispute with Deeper Signals is to immediately discontinue use of our Services.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so all or a portion of the above limitations may not apply.
In no event will Deeper Signals’ total liability arising out of or in connection with these Terms or from the use of or inability to use our Services exceed the amounts you have paid to Deeper Signals for use of our Services.
Dispute resolution
Deeper Signals is incorporated in the State of Delaware in the United States. As such, these Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.
You and Deeper Signals agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the breach thereof, will be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will be before a single arbitrator and will take place in the State of Delaware. The arbitrator’s decision will include essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction.
Notwithstanding the foregoing, you or Deeper Signals may seek injunctive relief from an appropriate court located in Delaware prior to or during arbitration.
General terms
These Terms constitute the entire and exclusive understanding and agreement between Deeper Signals and you regarding our Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between Deeper Signals and you regarding our Services.
If any provision of these Terms is held invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms without the express prior written consent of Deeper Signals. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Deeper Signals may freely assign or transfer these Terms without restriction and without your consent or the consent of any persons you represent.
Deeper Signals’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Deeper Signals. Except as set forth in these Terms, the exercise by either of party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Changes to these Terms and our Services
We reserve the right to modify these Terms of Service at any time by updating this page. You are responsible for periodically checking this page for updates (to see when updates were last made, please see the “Last Updated” date at the top of these Terms).
If we make any material changes to these Terms, we will notify you in advance via email. If you continue to use our Services after receiving notification of changes to these Terms, you are indicating to us that you agree to be bound by the modified Terms.
As our Services evolve over time, we reserve the right to modify any or all of our Services at any time, at our sole discretion.
Contact us
If you have any questions about these Terms, please contact us at hello@deepersignals.com.
