Terms of use

This Terms of Use ("Terms" or "Agreement") is a contract between you ("User", "you" or "your") and Deep Sagacity Limited ("Deep Sagacity", "we", "us" or “our”), operators of the Deep Sagacity platform ("Deep Sagacity" or " Site", currently available at deepsagacity.com) that applies to you when using or purchasing Deep Sagacity’ products and services through our mobile application, our website, or any other online services we provide (collectively, the “Services”). 
The Services are provided solely for use by you, and your use of the Services is expressly conditioned on your consent to, and compliance with, these Terms. By accessing or using our Services, you agree to be bound by these Terms. 
We encourage you to read these Terms carefully and use them to make informed decisions. If you do not agree to any of the provisions of these Terms you should immediately stop using the Services.


1. ELIGIBILITY AND CONDITIONS OF YOUR USE
By using the Website, you represent and warrant that you meet all eligibility requirements that we outline in these Terms, including:
-    You agree that any information that you provide (about your identity, finances, and relationships) is accurate, correct, and up to date.
-    You are 18 years of age or older; able to form a binding contract with us; and are acting on your own behalf (and have not been banned, terminated, or otherwise denied access by Deep Sagacity or the law).
-    You agree that these Terms are in compliance with all laws, rules, and regulations that apply to you. 
Deep Sagacity may still refuse to let certain people access or use our Services, however, and we reserve the right to change our eligibility criteria at any time.


2. ACCOUNT REGISTRATION; SECURITY AND PASSWORD
Basic access to the website is publicly accessible. However, to use the Website, you must complete the registration process by verifying your email address. Once registered, an account will be created for you to access your application and other resources. You agree that the registration information you provide is accurate, complete and current. You further agree to promptly update that information to keep it accurate, complete and current. If you register on behalf of a business entity or other organization, you represent and warrant that you have the authority to provide the information required and to bind the organization to this Agreement. You acknowledge and agree that Deep Sagacity, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you.
You are solely responsible for all account activity that occurs on or under your account (whether or not expressly authorized by you), and for maintaining the confidentiality of your login details. You and we acknowledge and agree that Deep Sagacity shall have no liability to you or any other person for acts or omissions made or committed by any agent, representative or third-party service provider in respect of your account. Deep Sagacity disclaims all liability, and you acknowledge and agree that we will not be liable, for or in connection with any harm or damages to you or to any party resulting from the theft or unauthorized use of your user ID or password. You agree to notify us immediately of any such unauthorized use or any other actual or suspected breach of security. You can do so by emailing [email protected] 
Data transmitted via the Website may use a Secure Sockets Layer (SSL) protocol, and data may be encrypted on some pages of the Website. To the extent such technology is utilized on a given page, you may be unable to use certain account or customization features of the Website unless your web browser software supports such encryption. Please note that no technology can be considered completely secure or impenetrable and Internet protocols and other public and/or proprietary technology used or accessed by the Website may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct. We and you each acknowledge and agree that Deep Sagacity shall have no liability to you for any such exploitation or criminal conduct by third parties.

 

3. RESTRICTED ACTIVITIES
In connection with your use of the Services, you agree that:
-    Accessing the information, resources, services, products and tools of this Website by any other means than we provide is strictly prohibited. You specifically agree not to access or tamper with the Website, for any purpose, through any automated, unethical or unconventional means, including accessing or collecting personally identifiable information and/or account information (including user names, passwords, e-mail addresses or other personal, financial or contact information) with respect to Deep Sagacity users, investors, lenders or employees.
-    Except as explicitly permitted by this Agreement, you agree not (and may not allow others) to sell, copy, modify, correct, enhance, create derivative works from, publish, store or in any way distribute or otherwise exploit, including for any purpose competitive to Deep Sagacity or any commercial purpose any information or any other intellectual property from or on the Website (including the content, any software on the Website and any products or services sold or offered by Deep Sagacity, collectively, Deep Sagacity IP).
-    Without Deep Sagacity’s prior written consent, you agree not (and may not allow others) to (i) decompile, reverse engineer, convert or otherwise extract or disclose the underlying script, code (whether binary, assembly, source, object, HTML or otherwise) or structure of any Deep Sagacity IP or (ii) remove or alter authorship attribution or copyright notices or similar information on the Website or any products or materials embodying or containing any Deep Sagacity IP.
-    You agree not to violate, interfere with, impair or circumvent the ordinary operation, security, privacy or mission of the Website or Deep Sagacity’s products, services or data, including overburdening, spamming, engaging in a denial or service attack or similar activities (or attempt to do any of the above).
-    You agree that you will not transmit to Deep Sagacity or make available on or upload any information to the Website that: a. Is commercial or promotional in nature (without the prior written authorization of Deep Sagacity); b. Is unlawful, harmful, deceptive, or otherwise violates the legal rights or privacy of others or capable of giving rise to legal action whether against you or Deep Sagacity or any affiliate third party; c. Infringes any patent, trademark, trade secret, copyright, or other property rights of any party; d. Impersonates any person or entity (including Deep Sagacity or its employees and representatives); or e. Contains viruses, malware or any program, code or technology designed to disrupt, intercept, impair or destroy the functionality of the Website or its software, data or network.
-    Deep Sagacity reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, Deep Sagacity does not control any information provided by other users that may be made available on or through the Website. Notwithstanding Deep Sagacity’s rights under this Agreement, Deep Sagacity does not undertake, and shall not be obligated, to monitor the submission of any content to, or the publication of any content on, the Website at any time. Deep Sagacity reserves the right to refuse service, terminate relationships, and/or cancel orders or transactions in its discretion.

 

4. FEEDBACK
By submitting information, feedback or other material to Deep Sagacity, if any, including on or through the Website or your Deep Sagacity Account, you: 
a. acknowledge that such information is non-confidential, except for any personal financial information; 
b. grant Deep Sagacity a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicensable, fully paid-up right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display, distribute, market, promote, sell or offer for sale, rent or lease such information or materials or any portions thereof (including any ideas for new products or modifications to existing products) and/or products or services which practice or embody, or are configured for use in practicing, such information or materials or any portion thereof, in any form or medium known or later developed, in furtherance of the terms of this Agreement and the actions and transactions contemplated hereby, including the right to bring an action for infringement of these rights; and 
c. agree that you will have no claim against Deep Sagacity or any Released Party (as defined below) for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide.

 

5. INTELLECTUAL PROPERTY, COPYRIGHTS AND IDENTIFYING MARKS
All rights, title, and interest in and to the Website and the Content (as defined below) and any all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of Deep Sagacity or its licensors, as applicable (except where another person or entity is expressly credited as the provider of such content or data). Such intellectual property is protected by federal and state law and international treaties. You acknowledge and agree that no proprietary rights are being transferred to you in such materials or information, and that you have no intention of using such materials or information inappropriately or to in any way harm Deep Sagacity or any of its affiliates, directors, officers or employees.
For purposes of this Agreement, the Content shall include all contents of the Website, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all of Deep Sagacity’s loan information (including rate information) and requirements, products, services, advertising materials or collateral, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Website’s likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Website.
Subject to the terms and conditions of this Agreement, we grant you a limited, non-transferable, non-sublicenseable, non-exclusive, revocable license to use the Website and the Content for personal use, for persons who seek to enter into or have entered into loans, seek to or have become lenders or any person interested in learning more about Deep Sagacity, its products and services, until such time as this Agreement terminate or expire or your right to use or access the Website is terminated in accordance with this Agreement.
You acknowledge and agree that any violation of the provisions of this Agreement regarding Deep Sagacity’s Intellectual Property, Copyrights and Identifying Marks and Acceptable Use of the Website; Conditions of Your Use above may subject you to compensatory and punitive damages, and shall specifically also entitle Deep Sagacity to equitable relief (including an injunction), in addition to (and not in substitution or replacement for) any other available remedies at law or in equity, without the need for the posting of a bond or any other requirement.

 

6. NO SOLICITATION OR OFFERING
Except as otherwise expressly noted, the Content and the Website do not constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, loans, securities, partnership interests, commodities or any other financial instruments; the Content and the Website also do not constitute, and may not be used for or in connection with, an offer or solicitation by anyone in any state or jurisdiction in which such an offer or solicitation is not authorized or permitted, or to any person to whom it is unlawful to make such offer or solicitation.
Deep Sagacity makes no representation or warranty, express or implied, to the extent not prohibited by applicable law, regarding the advisability of investing in securities, funds, partnership interests or other investments or funding or purchasing loans. The past performance of any investment, loan, security, partnership interest, commodity or financial instrument is not a guide to future performance.
WITHOUT LIMITING ANYTHING IN THE TERMS OF SERVICE, DEEP SAGACITY MAKES NO WARRANTIES AND BEARS NO LIABILITY WITH RESPECT TO ANY FUND, ANY INVESTMENTS, SECURITIES, PARTNERSHIP INTERESTS, LOANS OR THE PERFORMANCE THEREOF.

 

7. NO PROFESSIONAL ADVICE
The Content and the views expressed in the Consent do not necessarily reflect the views of Deep Sagacity as a whole, its directors, officers, employees, shareholders or any part or member thereof or of any third party. You acknowledge and agree that no content or information on the Website constitutes, or should be construed as, investment, tax, legal, financial, accounting, valuation or any other professional advice. All decisions to buy, sell or trade any Digital Assets using the Services are made solely by you, and you are fully responsible for all such decisions.

 

8. THIRD-PARTY WEBSITES AND CONTENT
The Website may contain links or connections to third party websites. Any such link or connection is provided only as a convenience, and should be used at your own risk. Deep Sagacity has no control over any such other websites, the contents thereof or the products, services or policies represented. The existence of any link or other connection does not imply any affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by Deep Sagacity or create any liability on the part of Deep Sagacity in respect of such link or connection. Please be aware that your use of any such third party websites is governed by the privacy policies of those sites, which we encourage you to review before using such sites.
You and we hereby acknowledge and agree that Deep Sagacity shall have no responsibility for any liabilities arising from or related to the contents of any third party website or the use of any such website (including any mobile website) or the privacy policies and customer information practices of any such website.

 

9. TERMINATION
Automatic Termination for Non-Compliance: If you are not in full compliance with all of these ToS, the permissions granted to you under these ToS will automatically terminate, and you agree that in such circumstance you will no longer use or access, or be entitled to use or access, the Website, the Content or any account on the Website.
Deep Sagacity’s Right to Terminate Your Use: Deep Sagacity may terminate your right to use the Website, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which Deep Sagacity may exercise this right to terminate your right to use the Website include: (a) you have breached any provision of this Agreement; (b) you have engaged in conduct which Deep Sagacity, in its sole discretion, considers to be unacceptable; (c) Deep Sagacity is required by law to do so; or (d) Deep Sagacity no longer provides the Website. The above are only examples of circumstances in which Deep Sagacity may terminate your right to use the Website and Deep Sagacity may terminate your right to use the Website for any other reason in its sole discretion. You agree that we shall not be liable to you due to or by reason of our termination of your right to use the Website or the automatic termination of your right to use the Website for non-compliance set forth above.
Voluntary Termination by You: If you want to terminate your legal agreement with Deep Sagacity under or consisting of these Terms of Service, you may do so by: (a) notifying Deep Sagacity at [email protected] or using the form on our Contact Page, or (b) closing your account by following the procedures on the Deep Sagacity website. You acknowledge that any legal obligations you may have under any other agreement with Deep Sagacity (including any loan agreement or agreement governing lending or investing in Deep Sagacity or its affiliates) will not be affected in any way by the termination of this Agreement and any such other agreement between you and Deep Sagacity will continue to be in effect in accordance with its terms.

 

10. SURVIVAL (OF PROVISIONS)
Your obligations and the disclaimers and provisions relating to (i) Our Intellectual Property, Copyrights and Identifying Marks, (ii) Disclaimer of Warranties; Limitation of Liability, (iii) Indemnification, (iv) Use and Access Outside the United States and (v) General will survive any termination or expiration of this Agreement for any reason.

 

11. REMEDIES
Without prejudice to Deep Sagacity’s other rights under this Agreement, if you breach this Agreement in any way, Deep Sagacity may take such action as Deep Sagacity deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your Internet service or other telecommunications provider to request that it blocks your access to the Website and/or bringing court proceedings or taking other legal action against you. You acknowledge and agree that if you violate this Agreement, Deep Sagacity will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to (and not to the exclusion of or in substitution for) any other remedies at law or in equity.

 

12. NO WARRANTIES
The Services are provided on an “as is,” “where is” and “as available” basis without warranties of any kind whatsoever. We expressly disclaim any and all warranties (whether express or implied) including, but not limited to, the implied warranties of security, merchantability, satisfactory quality, functionality, fitness for a particular purpose, availability, title, freedom from malicious code and non-infringement.

 

13. INDEMNIFICATION / INDEMNITY
You agree to indemnify and hold Deep Sagacity and our related corporations, our (and our related corporations’) officers, directors, employees and agents (together, the “Indemnified Parties”) from and against any suit, action, claim, demand, penalty or loss, including reasonable attorney fees and expenses and any amount paid in settlement to a third party, made by or resulting from any third party (including any government agency or body) due to, in connection with or arising out of (i) your use of the Website, the Content, your Deep Sagacity Account, any breach or alleged or claimed breach of this Agreement or the materials it incorporates by reference, including the Privacy Policy, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party, or (ii) any act or omission by your agent, representative or third-party service provider while using your Deep Sagacity Account, regardless of whether the specific use as expressly authorized by you.

 

14. CHOICE OF JURISDICTION
This Agreement and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to this Agreement, the Website or the Content, the negotiation, interpretation, validity or performance of this Agreement, the rights and obligations of you and us hereunder or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of New York without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction. We and you each hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York, City of New York, Borough of Manhattan (the New York Courts) for any litigation, lawsuit or proceeding between you and us arising out of or relating in any way to this Agreement (including any non-contractual claims), the Website or the Content, the negotiation, interpretation, validity or performance of this Agreement, the rights and obligations of you and us hereunder or any transaction contemplated by the Website.

 

15. WAIVER
We may delay or waive any rights we have under these Terms. If we delay or waive our rights, you are still obligated to pay us fees and other amounts you may owe us under these Terms. Any delay or waiver of our rights applies only to the specific instance in which we decide to delay or waive the provision and does not affect our future rights in any way.

 

16. PRIVACY POLICY
Your privacy is very important to us. We encourage you to read Deep Sagacity’s Privacy Policy, which explains how we treat your personal information and protect your privacy when you are using the Website. By using the Website, you agree that Deep Sagacity may use your information as set forth in the Privacy Policy. Deep Sagacity’s Privacy Policy is hereby incorporated in this Agreement by reference in its entirety.

 

17. MODIFICATIONS/AMENDMENTS
Deep Sagacity reserves the right to make changes to this Agreement at any time. It is your responsibility to review this Agreement from time to time to see if modifications have been made. The revised version shall take effect from the published effective date and notification will be made to you through our Site or via email. Your continued use of the Website after any modification of the Terms of Service will conclusively indicate that you agree to have consented to the amendments made in such revised version. Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law.
The Agreement shall have the ‘Last Updated’ date for the convenience of the User to take note of the latest modifications/amendments to the Agreement.