Deep Hearing APIs Terms of Service

Thank you for using Deep Hearing's APIs. By accessing or using our APIs, you are agreeing to the terms below. In case of a conflict between these terms and any special terms applicable to a given API, the special terms will take precedence. Collectively, we refer to the terms below, any special terms, terms within the accompanying API documentation, and any applicable policies and guidelines as the "Terms." You agree to comply with the Terms and that the Terms control your relationship with us. So please read all the Terms carefully.

Under the Terms, "Deep Hearing" means Deep Hearing Corp., a company existing under the laws of Republic of Korea, with its registered office at R503 Daejeon Tips Town, Daehak-ro 99, Yuseong-gu, Daejeon, Republic of Korea(34134), unless set forth otherwise in additional terms applicable for a given API. We may refer to "Deep Hearing" as "we", "our", or "us" in the Terms.

Section 1: Account and Registration

a. Accepting the Terms

You must not use the APIs and must not accept the Terms if (a) you are not of legal age to form a binding contract with Deep Hearing, or (b) you are a person barred from using or receiving the APIs under the applicable laws of Republic of Korea or other countries including the country in which you are resident or from which you use the APIs.

b. Entity Level Acceptance

If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms shall refer to that entity).

Section 2: Content

a. Your Content

You may provide input to the Services by providing audio files in the manner specified in the API (“Input”), and receive output generated and returned by the Services based on the Input in the form of an audio file (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all rights to the Input. Subject to your compliance with these Terms, Deep Hearing hereby assigns to you all its right, title and interest in and to the Output. This grants you the right to use the Content for any purpose, including commercial activities such as sale or publication, as long as you comply with these Terms. You are responsible for the Content, including ensuring that it does not violate any applicable laws or these Terms.

b. Similarity of Content

Due to the nature of machine learning, Output generated by the Services may not be unique to individual users. The Services may generate the same or similar output for Deep Hearing or a third party.

c. Use of Content to Improve Services

Deep Hearing does not retain or utilize the Content that you submit to or receive from our API (“API Content”) for the purpose of developing or improving our services. Deep Hearing does not gain any intellectual property rights pertaining to the Content that you submit through your API Client to our APIs.

d. Prohibitions on Content

You agree that you shall not engage in any of the following acts concerning the Content:

1. Misrepresent and/or falsify the source of ownership for the Content.
2. Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
3. Engage in any activity using the Content that violates applicable laws or regulations.

Section 3: Using Our APIs

a. Your End Users

You shall ensure your end users comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.

b. Compliance with Law, Third Party Rights, and Other Deep Hearing Terms of Service

You shall comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You shall not use the APIs to encourage or promote illegal activities or the violation of third party rights.

c. Permitted Access

You may only access (or attempt to access) an API in accordance with the methods specified in the API documentation. If Deep Hearing provides or assigns you with developer credentials (e.g. API KEYs), you must use them exclusively with the designated APIs. It is strictly prohibited to misrepresent or conceal either your identity or your API Client's identity when using the APIs or developer accounts.

d. API Limitations

Deep Hearing establishes and enforces usage limits on the APIs (e.g. restricting the number of API requests or users), at its sole discretion. You agree to abide by these limitations as outlined in each API’s documentation and undertake not to circumvent them. If you would like to use any API beyond these limits, you must obtain Deep Hearing's express consent (and Deep Hearing reserves the right to reject such requests or make acceptance conditional upon your agreement to additional terms and/or charges for such usage, all at our sole discretion). To seek such approval, contact the relevant Deep Hearing API team for information (e.g. by using the Deep Hearing developers console).

e. Communication with Deep Hearing

We reserve the right to send you specific communications in connection with your use of the APIs. Please refer to the applicable API documentation for details about opting out of certain types of communication.

f. Feedback

In the event that you provide feedback or suggestions concerning our APIs, then we (and those we authorize) may use such information without any obligation to you.

Section 4: Your API Clients

a. Security

You will use commercially reasonable efforts to protect user information, including personal data collected by your API Client, preventing unauthorized access or use. Furthermore, you agree to comply with all applicable data privacy laws and regulations relating to your use of the API and any personal data associated with your use. You will promptly notify your users of any unauthorized access or use of such information to the extent required by applicable law.

b. Ownership

Deep Hearing does not acquire ownership of your API Clients. By using our APIs, you do not obtain ownership rights in our APIs. For the avoidance of doubt, nothing in these Terms shall be interpreted or construed to grant you any title, ownership, or proprietary right to our APIs, which shall remain the sole property of Deep Hearing.

Section 5: Prohibitions and Confidentiality

a. API Prohibitions

When using the APIs, you shall not, and shall not allow those acting on your behalf to:

1. Sublicense: Sublicense an API for use by a third party. Consequently, you will not create an API Client that substantially replicates the functionality of the APIs and offer it for use by third parties.
2. Malicious Actions: Perform actions with the intent of introducing viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature to Deep Hearing products and services.
3. Harassment: Defame, abuse, harass, stalk, or threaten others.
4. Interference: Interfere with or disrupt the APIs or the servers or networks providing the APIs.
5. Unlawful Activities: Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
6. Reverse Engineering: Reverse engineer or attempt to extract the source code from any API or any related software.
7. Critical System: Use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage (e.g. operation of nuclear facilities, air traffic control, or life support systems).
8. ITAR Compliance: Use the APIs to process or store any data that is subject to the International Traffic in Arms Regulations(the “ITAR”) maintained by Republic of Korea.
9. Terms of Service: Remove, obscure, or alter any Deep Hearing Terms of service or any links to or notices of those Terms.

b. Confidential Matters

The developer credentials (such as passwords, keys, and API Keys) are confidential information. Developer credentials are for your exclusive use and identification of your API Client. You shall keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open source projects. Our communications to you and our APIs may contain Deep Hearing’s confidential information. Deep Hearing’s confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances (“Confidential Information”). If you receive such information, then you shall not disclose it to any third party without Deep Hearing's prior written consent. Deep Hearing’s Confidential Information does not include information that you independently developed, received from a third party who is not under any confidentiality obligation to Deep Hearing, or that becomes public through no fault of your own.

Section 6: Termination

a. Termination; Suspension.

These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content. We reserve the right to terminate these Terms for any reason, providing you with at least 30 days’ advance notice. We may terminate these Terms immediately upon notice (i) if you materially breach these terms, (ii) if there are changes in relationships with third party technology providers outside of our control, or (iii) to comply with law or government requests. Additionally, we reserve the right to suspend your access to the Services (i) if you do not comply with these Terms, (ii) if your usage of the Services poses a security risk to us or any third party, or (iii) if we suspect fraudulent activities that could expose us or any third party to liability.

b. Effect on Termination.

Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information.

Section 7: Liability for our APIs

a. WARRANTIES

EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, DEEP HEARING DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE APIS. FOR INSTANCE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE APIS, THE SPECIFIC FUNCTIONS OF THE APIS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APIS "AS IS".

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, SUCH AS LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE FURTHEST EXTENT PERMITTED BY LAW, WE EXCLUDE ANY AND ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.

b. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEEP HEARING SHALL NOT BE HELD RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DEEP HEARING, FOR ANY CLAIM UNDER THE TERMS, UNDER ANY THEORY OF LAW OR LIABILITY, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE APIS.

IN ALL CASES, DEEP HEARING SHALL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

c. Indemnification

Unless prohibited by applicable law, you agree to defend and indemnify Deep Hearing, its directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:

1. Your misuse or your end user's misuse of the APIs;
2. Your violation or your end user's violation of the Terms; or
3. Your violation of any third party's rights relating to your use of the APIs;
4. Your or your end user's violation of any applicable law or regulation relating to the use of the APIs; and
5. Any Content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.

Section 8: General Provisions

a. Modification

We reserve the right to modify the Terms or any portion thereof, such as to reflect changes in the law or modifications to our APIs. It is advisable to regularly review our Terms of Service regularly. We will post notice of modifications to the Terms on our website. Changes will not have retroactive effect and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.

b. Use of Brands

You are not permitted to use Deep Hearing’s names, logos, or trademarks, without our prior written consent.

c. General Legal Terms

We both agree to engage in the English language for the purpose of these Terms. In the event we provide a translation of the Terms, it is solely for your convenience only and the English Terms will exclusively govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Deep Hearing does not take immediate action, it does not imply that Deep Hearing is waiving any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms constitute the entire agreement between you and Deep Hearing relating to its subject matter and supersede any prior or contemporaneous agreements on that subject. For information about how to contact Deep Hearing, please visit our contact page.

The laws of the Republic of Korea will govern these Terms and to any disputes or issues that relates to or arises from any aspect of our relationship, including, without limitation, your use of the Services, without application of its conflict of law principles. Any disputes arising out of or related to the Terms or the APIs and ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS WILL BE LITIGATED EXCLUSIVELY IN DAEJEON DISTRICT COURT, DAEJEON, REPUBLIC OF KOREA, AND YOU AND DEEP HEARING CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.