Last updated: February 4, 2024
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DECEPTIO.AI Customer Agreement
This Agreement consists of the General Terms, the applicable Specific Product Terms and any additional terms DECEPTIO.AI presents when using our products. The Agreement takes effect when Customer or Trial User creates an account associated or is assigned an account for the usage of DECEPTIO.AI developed products. The individual who accepts these General Terms represents that they are authorized to enter into this Agreement on behalf of Customer.
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DECEPTIO.AI General Terms
These General Terms apply to all of Customer’s Purchases under this Agreement.
Capitalized terms have the meanings given under Definitions.
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License to use DECEPTIO.AI Products
License grant. Products are licensed and not sold. Subject to Customer’s compliance with this Agreement, DECEPTIO.AI grants to Customer a nonexclusive and limited license to access and use the Products ordered. The licenses are only for Customer’s internal business purposes and are non-transferable except as expressly permitted under this Agreement or applicable law.
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Duration of Licenses
Licenses expire at the end of the applicable Subscription Term unless renewed by Customer. If Customer allows subscription to lapse due to non-payment the account is reset to zero word credits. Any unused credits are non-refundable and retain no monetary value.
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Accounts
Customer unique accounts may not be shared by individuals. Customer is responsible for use. Any customer account identified as sharing accounts will be subject to termination without refund for the applicable subscription period.
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Specific Product Terms
Specific Product Terms apply to Products such as, but not limited to, DECEPTIO.AI Access License, DECEPTIO.AI Lite Edition, DECEPTIO.AI for Law Enforcement, DECEPTIO.AI for Small Business, DECEPTIO.AI for Enterprise DECEPTIO.AI Statement Analyzer, DECEPTIO.AI Analysis Results, DECEPTIO.AI E-mail Add-ins, DECEPTIO.AI Mobile editions, DECEPTIO.AI API, and Cupid Knows® If there is a conflict between the Specific Product Terms and the General Terms, the Specific Product Terms apply for that Product.
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Specific Product Claims
Accuracy and Reliability of Software
No Warranty on Accuracy: While we strive to ensure that DECEPTIO.AI LLC provides accurate and reliable information, we do not guarantee, represent, or warrant that the software's outputs, functionalities, or any content therein will be error-free, accurate, reliable, or current at all times. Users rely on the software and its outputs at their own risk.
Limitation of Liability: To the fullest extent permitted by applicable law, DECEPTIO.AI LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) the use or inability to use the software; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; or (c) any errors, inaccuracies, omissions, or other issues related to the software's performance.
User's Responsibility: Users are responsible for verifying and confirming the accuracy of any inputs (i.e. entering information into the software for analysis) or outputs or information provided by the software before taking any actions or decisions based on outputs.
Updates and Corrections: DECEPTIO.AI may, but is not obligated to, update, correct, or enhance the software and its functionalities periodically. However, this does not imply a commitment to ensure that the software will be error-free at any given time.
DECEPTIO.AI is an AI (artificial intelligence)-driven program for identifying potential deception by analyzing the words entered into the DECEPTIO.AI Statement Analyzer. DECEPTIO.AI does not detect lies. This is because most deceptive people will not lie. However, they may qualify their statement, withhold information or use language that indicates they are being less than truthful. DECEPTIO.AI is capable of identifying these deceptive linguistic indicators. DECEPTIO.AI is intended to aid an investigator or interviewer and is not a substitute for a thorough investigation or analysis.
DECEPTIO.AI is designed to analyze a statement. If you have a transcript of a question and answer interview, you should analyze only the answers. The answers should be analyzed one at a time. Analyzing all the answers at the same time, may cause the DECEPTIO.AI Truth Score feature to miscalculate providing either a false positive or a false negative result.
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Product Changes
DECEPTIO.AI has the right to make changes to the Products if such changes do not materially lessen the Product’s functionality. DECEPTIO.AI may provide additional terms that apply to Customer’s use of updates, new features, or related software.
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Data Collection and Ownership Clause
By using the services provided by DECEPTIO.AI LLC, Customer acknowledges and agrees that any data, information, or keyed or spoken "Inputs" into the DECEPTIO.AI Statement Analyzer does not contain any personally identifiable information regarding the subject matter that you provide for the purpose of obtaining an analysis result or service i.e. “DECEPTIO.AI Truth Score” rating and “Key Words” and “Key Words Explanation”, ("Input Data") shall become the sole and exclusive property of DECEPTIO.AI LLC. DECEPTIO.AI LLC reserves the right to use, analyze, reproduce, distribute, and modify the Input Data for the purposes of present and future product enhancement, improvement, and for the training and development of DECEPTIO.AI’s AI and machine learning models ("LLM AI Training"). You hereby irrevocably transfer and assign to DECEPTIO.AI LLC all rights, title, and interest in and to the input data and waive any and all claims of ownership, rights, or compensation related to the use of the input data for the aforementioned purposes.
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Affiliates
Customer’s Affiliates may use the Products under this Agreement once approved by DECEPTIO.AI. Customer is responsible for its Affiliates’ use, and Customer has the sole right to enforce this Agreement.
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Compliance with Laws
Customer’s use of the Products must not violate any applicable laws, including copyright or trademark laws, export control laws and regulations, including laws and regulations in its jurisdiction.
Reservation of rights. Products are protected by copyright and other intellectual property laws and international treaties. DECEPTIO.AI reserves all rights not expressly granted in this Agreement, and no rights are granted or implied by waiver or estoppel.
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Feedback
Feedback by Customer is optional and voluntary. Feedback may be used by DECEPTIO.AI for any purpose without obligation of any kind as long as the Customer’s confidential information remains confidential.
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Restrictions
Unless expressly permitted in this Agreement or by law, Customer may not: reverse engineer, decompile, or disassemble any Product, or try to do so; run, upgrade or downgrade, or transfer parts of a Product separately at different times or on different devices; install, use, or distribute other software or technology in any way that makes DECEPTIO.AI’s intellectual property or technology subject to any other license terms; work around technical limitations in a Product or restrictions in Product documentation; or sell, rent, lease, sub-license, distribute or lend any Products to others, in whole or in part, or host Products for use by others.
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Support
Support. DECEPTIO.AI will Support a generally available release of a Product for one year from the original release date or 6 months from the last generally available update of such release, whichever is longer. DECEPTIO.AI is not responsible for Support if (a) Customer fails to update their Product to the newest release, (b) someone other than a DECEPTIO.ai Representative modifies the Products or (c) Customer uses the Products in a manner unauthorized by the Agreement or Product documentation.
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Data Protection
Personal Data. Customer and DECEPTIO.AI will comply with applicable data protection laws.
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Confidentiality
Confidential Information. “Confidential Information” is non-public information in any form that is marked as “confidential” or that a reasonable person should understand is confidential. This includes, but is not limited to, Customer Content, the terms of this Agreement and Customer’s account authentication credentials. Confidential Information does not include information that:
becomes publicly available without a breach of a confidentiality obligation; was received lawfully from another source without a confidentiality obligation; is independently developed; or is Feedback.
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Protection of Confidential Information
Each party will take reasonable steps to protect the other’s Confidential Information. A party will only use the other party’s Confidential Information as part of the parties’ business relationship. Neither party will disclose Confidential Information to third parties. A party may only share Confidential Information with a party’s Representatives on a need-to-know basis, under nondisclosure obligations at least as protective as this Agreement. Each party remains responsible for the use of Confidential Information by its Representatives. A party must promptly notify the other party if it discovers any unauthorized use or disclosure.
Disclosure required by law. A party may disclose the other’s Confidential Information if required by law, but only after it notifies the other party (if legally permissible) so that the other party can seek a protective order.
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Residual Information
Neither party is required to restrict its Representatives in other work assignments if they have had access to Confidential Information. Each party agrees that the use of information retained in Representatives’ unaided memories in the development or deployment of the parties’ respective products or services does not create liability under this Agreement or trade secret law.
Duration of confidentiality obligation. These confidentiality obligations apply (1) for Customer Content, until it is deleted from the Online Services; and (2) for all other Confidential Information, for a period of five years after a party receives the Confidential Information.
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Limitation of Liability
Each party’s maximum, aggregate liability to the other under this Agreement is limited to direct damages finally awarded in an amount not to exceed the following:
Products. For Products ordered on a subscription basis, DECEPTIO.AI’s maximum liability to Customer for any incident giving rise to a claim will not exceed the amount Customer paid for the Product during the 12 months before the incident.
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Pricing and Payment
Fees
Customer agrees to pay fees in full, up front and, if invoiced, within thirteen (13) days of the invoice date. Amounts payable are non-refundable, except as stated in this Agreement regarding Product warranty and third-party claims. If billed based on usage, DECEPTIO.AI will bill according to the billing model described in the Product documentation referenced on the pricing page which is accessible upon approval by DECEPTIO.AI for registration to access a paid subscription for DECEPTIO.AI.
If Customer cancels a subscribed plan, or allows a subscription plan to lapse due to non-payment any unused word credits are non-refundable and hold no monetary value.
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Late payment
If Customer fails to pay fees on time, DECEPTIO.AI has the right to charge 5% monthly interest on past due amounts as allowed by law. DECEPTIO.AI also has the right to charge Customer for all expenses of recovery, to terminate the applicable order, turn off access and to take any other action at law.
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Taxes
Customer is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on DECEPTIO.AI net income) that are imposed or become due in connection with this Agreement. If any taxes are required to be withheld on payments invoiced by DECEPTIO.AI, Customer may deduct such taxes from the amount owed and pay them to the appropriate taxing authority, but only if Customer promptly provides DECEPTIO.AI an official receipt for those withholdings and other documents reasonably requested to allow DECEPTIO.AI to claim a foreign tax credit or refund. Customer will ensure that any taxes withheld are minimized to the extent possible under applicable law.
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Term and Termination
Term
This Agreement is effective until terminated by a party, as described below.
Termination without cause. Either party may terminate this Agreement without cause on 30 days’ notice. Licenses granted on a subscription basis will continue for the duration of the Subscription Term, subject to the terms of this Agreement.
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Termination for cause. Without limiting other remedies, either party may terminate this Agreement for material breach immediately if the other party fails to cure a curable breach within a 30-day notice period. Upon such termination:
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All licenses granted under this Agreement will terminate immediately.
All amounts due under any unpaid invoices will become due and payable immediately.
If DECEPTIO.AI is in breach, Customer will be reimbursed for any prepaid unused fees.
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Termination for regulatory reasons. DECEPTIO.AI may modify, discontinue, or terminate a Product in any country or jurisdiction where there is any current or future government regulation, obligation, or other requirement, that (1) is not generally applicable to businesses operating there; (2) presents a hardship for DECEPTIO.AI to continue offering the Product without modification; or (3) causes DECEPTIO.AI to believe these terms or the Product may conflict with any such regulation, obligation, or requirement. If DECEPTIO.AI terminates a subscription for regulatory reasons, Customer will receive, as its sole remedy, a reimbursement for any prepaid, unused subscription fees.
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Miscellaneous
Order of Precedence
Conflicting terms in the Specific Product Terms take precedence over these General Terms as to the applicable Products. These General Terms will take precedence over any conflicting terms in other documents.
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Assignment
Either party may assign this Agreement to an Affiliate but it must notify the other party in writing of the assignment. DECEPTIO.AI may also assign its rights to receive payment and enforce Customer’s payment obligations. Any other assignment of this Agreement must be approved by the other party in writing. Such notification to DECEPTIO.AI shall be made to the account manager at DECEPTIO.AI. Any attempted assignment without required approval will be void.
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Compliance With Trade Laws
The parties acknowledge that the Products may be subject to U.S. and other countries’ export jurisdictions. Each party will comply with all laws and regulations applicable to the import or export of the Products, including, but not limited to, the U.S. Export Administration
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Regulations, International Traffic in Arms Regulations, and sanctions regulations administered by the U.S. Office of Foreign Assets Control (“trade laws”). #
Customer will not take any action that causes DECEPTIO.AI to violate U.S. or other applicable trade laws. If Customer learns of a potential violation of trade laws relating to the performance of this Agreement, or a potential violation of the terms in this subsection, it will alert DECEPTIO.AI as soon as possible, but in no event more than 14 days after acquiring this knowledge.
DECEPTIO.AI may suspend or terminate this Agreement to the extent that it reasonably concludes that performance would cause it to violate U.S. or other applicable trade laws, including those described above, or put it at risk of becoming the subject of economic sanctions under such trade laws.
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Severability
If any part of this Agreement is held to be unenforceable, the rest of the Agreement will remain in full force and effect.
Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver. Any waiver must be in writing and signed by the waiving party. No third-party beneficiaries. This Agreement does not create any third-party beneficiary rights except as expressly provided by its terms.
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Survival
All provisions survive termination of this Agreement except those requiring performance only during the term of the Agreement.
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Notices
Notices to DECEPTIO.ai may be submitted via email to support@deceptio.ai
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Definitions
“Affiliate” means any legal entity that controls, is controlled by, or is under common control with a party. In this context control means ownership of more than a 50% interest in an entity
“Content” means text, data, software, images and any other materials that are displayed or otherwise made available through the Online Service.
“Customer” means the entity that has entered into this Agreement.
“Customer Content” means Content that Customer creates, or enters either via inputs electronically via a keyboard or verbally converted from voice to text for the purposes of obtaining an analysis result i.e. "Probability of Truthfulness, "Key Words" identification, "Key Words Explanation" from the DECEPTIO.ai Statement Analyzer software or service.
“DECEPTIO.AI” "DECEPTIO" means DECEPTIO.AI LLC
“End User” means any person or machine account that Customer permits to use a Product or access Customer Content.
“Feedback” means a comment or suggestion volunteered by a party about the other party’s business, products or services.
“General Terms” means the DECEPTIO.AI Customer Agreement’s General Terms i.e. this agreement
"Input", "Inputs" means the process of entering or keying in data either manually such as via a computer keyboard either wired or via blue tooth, and/or verbal data converted from voice to text.
“Online Service '' means the DECEPTIO.AI hosted service to which Customer may subscribe to under this Agreement.
“Purchase” means the method by which a Customer obtains its license to use a Product.
“Previews” means Products provided for preview, evaluation, demonstration or trial purposes, or pre- release versions of the
Products.
“Product” means all Software, Online Services and Additional Products and Features that DECEPTIO.AI offers, including Previews, free-trials, updates, patches, bug fixes and support provided by DECEPTIO.AI.
“Representatives” means a party’s employees, Affiliates, contractors, advisors and consultants.
“Specific Product Terms” means the additional product terms that apply to Products available under this Agreement.
“Software” means licensed copies of the software DECEPTIO.AI identified in the Specific Product Terms, including any generally available updates of the Software.
“Subscription License” means the license assigned to an End User.
“Subscription Term” means the license period agreed between the parties when the Products are ordered.
“Support” means DECEPTIO.AI’s support program(s)
Privacy Statement available at https://www.deceptio.ai/deceptio-privacy
“Results” means the code, functions, and other output returned to you by DECEPTIO.AI Statement Analyzer