Last updated: December 11, 2024
Last updated: December 11, 2024
Greetings and welcome! This document establishes the Terms of Use between you and Deep Reflection. They apply to the website accessible at DeepReflection.com (referred to as the "Site") and the DeepReflection.com mobile application ("App"). For simplicity, throughout these Terms, Deep Reflection may be referred to as "DeepReflection.com", "we", "us", or "Company". The term "Services" encompasses the Site, the App, and all content, tools, resources, and features made available on or through them.
These Terms establish the conditions for accessing and using the Services. We recommend that you read them carefully, as they contain important information about your legal rights. By using or accessing the Services, you indicate your agreement with the Terms. If you have any questions or do not agree with any part, we ask that you discontinue use of the Services.
In these Terms, "you" and "your" refer to you as the user of the Services. If you use the Services on behalf of a company or other entity, then "you" includes both you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on behalf of the entity.
These Terms are available in Portuguese to ensure accessibility for Brazilian users. In case of any doubts regarding the interpretation of any clause, the Portuguese version shall prevail.
NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. By agreeing to these Terms, you agree to resolve all disputes with us through binding individual arbitration. This means that you also waive any right to have those disputes decided by a judge or jury, and you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt out of arbitration, as explained below.
By registering to use the Services, you agree to provide accurate and complete information about yourself. If you are under 16 years old, do not sign up for the Services – you are not authorized to use them.
Member Account, Password, and Security. You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your password or account. You agree to immediately notify DeepReflection.com of any unauthorized use of your password or account or any other breach of security, and to ensure that you log out of your account at the end of each session when accessing the Services. DeepReflection.com will not be liable for any loss or damage arising from your failure to comply with this paragraph.
General Practices Regarding Use and Storage. You acknowledge that DeepReflection.com may establish general practices and limits concerning the use of the Services. This may include, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allocated on DeepReflection.com's servers on your behalf. You agree that DeepReflection.com has no responsibility or liability for the deletion of or failure to store any data or other content maintained or uploaded through the Services. You acknowledge that DeepReflection.com reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that DeepReflection.com reserves the right to change these general practices and limits at any time, at its sole discretion, with or without notice.
You consent to receive notifications from us electronically at the email address you provide. These notifications may include information about your account, changes to our service, or other updates or marketing related to our platform.
In addition to agreeing to comply with our Community Guidelines, which are incorporated herein, you agree to adhere to the following conditions when using the Services.
You are solely responsible for all Content you submit to the Services. (When we say "Content you submit" and similar terms, we mean anything you attempt to publish, transmit, or share, including but not limited to text, images, sounds, video, graphics, information, or other data.) Your use of the Services may be subject to licensing and usage restrictions set forth in the General Data Protection Law. You agree not to submit any Content that:
(i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have the right to submit;
(iii) contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
(iv) poses a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, including “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
(vi) is threatening, abusive, harassing, tortious, intimidating, or excessively violent;
(vii) is defamatory or demonstrably false with the intent to harm others;
(viii) constitutes hate speech that demeans or promotes discrimination or violence based on race, ethnicity, gender, religion, age, or other social, physical, or mental characteristics;
(ix) is obscene or pornographic;
(x) constitutes sexual harassment;
(xi) constitutes sexual exploitation or abuse of a minor, including sharing child sexual exploitation or abuse material, grooming, or sextortion;
(xii) glorifies self-harm, including self-injury, suicide, or eating disorders;
(xiii) promotes terrorism or violent extremism;
(xiv) promotes or encourages criminal activity;
(xv) seeks to buy or sell illegal drugs;
(xvi) facilitates fully automated decision-making that negatively affects a person’s legal rights or creates a binding and enforceable obligation;
(xvii) seeks to provide medical, legal, financial, or tax advice;
(xviii) interferes with or disrupts the Services or servers or networks connected to the Services;
(xix) interferes with or misappropriates any person’s right of publicity by using their name, image, or persona (a) without permission and (b) outside of a permitted context, such as non-commercial parody or public commentary; or
(xx) is, at the sole discretion of DeepReflection.com, objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose DeepReflection.com or its users to any harm or liability.
You also agree not to do any of the following in connection with your use of the Services:
(i) violate any requirements, procedures, policies, or regulations of networks connected to the Services;
(ii) violate any applicable law or regulation;
(iii) impersonate any person or entity other than yourself, or misrepresent your affiliation with any person or entity;
(iv) solicit personal information from anyone under the age of 18;
(v) collect or harvest email addresses or other contact information of other users of the Services by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications;
(vi) obtain or attempt to obtain any information through any means not intentionally made available or provided through the Services;
(vii) lease, lend, sell, or sublicense any part of the Services;
(viii) attempt to circumvent any technological measure designed to protect the Services or any technology associated with the Services; or
(ix) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any source code of the Services, in whole or in part (unless a portion of the code within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying, or other modification).
To the extent that DeepReflection.com chooses to offer support for voice or audio features, you agree not to do any of the following in connection with your use of the Services:
(i) submit voice recordings of third parties (including but not limited to celebrities) without their consent;
(ii) use any voice feature of DeepReflection.com to engage in “deepfakes” or impersonation of any kind, including but not limited to those that create political disinformation, perpetrate fraud or scams, damage the reputation of others, or otherwise constitute harmful conduct.
We reserve the right to investigate and take appropriate action against anyone whom we determine, in our sole discretion, has violated the above provisions. Such action may include, without limitation, removing Content from the Services, suspending or terminating your account, and reporting you to law enforcement authorities.
Users deemed to be repeat offenders will have their accounts permanently suspended and all associated data will be deleted, unless otherwise required by law. A notice will be sent detailing the violation prior to enforcement of the suspension.
Content You Submit. By submitting Content to the Services, you represent and warrant that you own all rights, title, and interest in and to such Content (including, without limitation, all copyrights and rights of publicity), or that you have obtained all necessary permissions, releases, and authorizations to submit it to the Services for the uses contemplated in these Terms.
You retain the copyright to all content you create and submit using the Services. By using our Services, you grant us a non-exclusive license to store and display that content, limited to purposes related to the provision of the Services.
By submitting such Content, you retain any ownership rights you had in that Content to begin with. To the fullest extent permitted by law, you grant DeepReflection.com a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, commercialize, and otherwise use the Content for any purpose related to DeepReflection.com in any form, medium, or technology now known or later developed, including, without limitation, to operate, improve, and provide the Services. You agree that these rights and licenses include the right for DeepReflection.com to make the Content available and to pass these rights along to third parties with whom we have contractual relationships, and otherwise to permit access to or disclose the Content to third parties if we determine that such access is or may be necessary or appropriate.
Although we are not obligated to do so, we may access, review, filter, edit, modify, and delete your Content at any time and for any reason, including to provide and improve the Services or if we believe the Content violates these Terms or any applicable laws.
When you create an automated AI Reflection using the Services in accordance with these Terms, then, between you and DeepReflection.com, you own all rights to that Deep Reflection. Between you and DeepReflection.com, you also own any text, image, audio, or video that the Reflection generates ("Generations") which you obtain. To the fullest extent permitted by law, you grant DeepReflection.com a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize, and otherwise use the Reflection and all Generations elicited by you for any purpose in any form, medium, or technology now known or later developed, including but not limited to (i) facilitating the ability of other users to interact with the Reflection and elicit Generations, and (ii) promoting the Services on or off the platform.
When you interact with a Reflection created by DeepReflection.com or by another user who used the Services in accordance with the applicable Terms at the time, you own the Generations that are elicited by you from that Reflection (but not the Reflection itself, nor other Generations or other Content, all of which remain the property of DeepReflection.com or the respective third-party owner(s), as applicable). You grant DeepReflection.com, to the fullest extent permitted by law, a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize, and otherwise use the Generations obtained by you for any purpose in any form, medium, or technology now known or later developed, including but not limited to (i) facilitating the ability of other users to interact with the Reflection and obtain Generations, and (ii) promoting the Services on or off the platform.
You acknowledge and agree that the Services may contain content or features protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. In connection with your use of the Services, you shall not engage in or use any data mining, robots, scraping, or similar automated methods of data gathering or extraction. If you are blocked from accessing the Services by us (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or content on the Services not specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by us.
The name and logos of DeepReflection.com are trademarks of DeepReflection.com (collectively, the “DeepReflection.com Trademarks”). Other trademarks used and displayed through the Services may be trademarks of their respective owners who may or may not endorse, be affiliated with, or connected to DeepReflection.com. Nothing in these Terms or in the Services shall be construed as granting any license or right to use any of the DeepReflection.com Trademarks without our prior written permission in each instance. All goodwill generated from the use of DeepReflection.com Trademarks will inure to our exclusive benefit.
Under no circumstances shall DeepReflection.com be liable for any third-party content or material, including Reflections created by third parties and any resulting Generations. This includes, but is not limited to, infringement of intellectual property rights, errors or omissions in any content, and any loss or damage of any kind incurred as a result of the use of such content. You acknowledge that we do not pre-screen content and that AI-generated chats, by nature, are unpredictable and may produce inaccurate or offensive Generations. You agree that you must evaluate and bear all risks associated with the use of any Content or Generations. You should not rely on the accuracy or completeness of statements made in Content or Generations, and if you do, you acknowledge that it is at your own risk.
You acknowledge that we have the right (but not the obligation), at our sole discretion, to refuse or remove any content (including Content, Characters, and Generations) made available through the Services. Without limiting the foregoing, we have the right to remove any content that violates these Terms or is otherwise deemed objectionable by us, at our sole discretion.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services provided by you to DeepReflection are non-confidential, and that we are entitled to use and disseminate them for any purpose, without acknowledgment or compensation to you.
You acknowledge and agree that we may preserve content and metadata in accordance with applicable law and our Privacy Policy. You acknowledge and agree that we may disclose content and/or metadata if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or governmental requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of DeepReflection.com, its users, and the public.
DeepReflection.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, you must notify DeepReflection.com of your infringement claim in accordance with the procedure outlined below.
DeepReflection.com will process and investigate notices of alleged violations and take appropriate action under the General Data Protection Law and other applicable intellectual property laws with respect to any alleged or actual infringement.
DeepReflection.com respects third-party copyrights as provided under Brazilian Law No. 9.610/1998. If you believe your copyright has been infringed, please contact us at complain@deepreflection.com, providing the necessary information for us to review your claim.
You may also submit an LGPD request through our website. Visit our homepage (https://deepreflection.com/), click on the Help Center link, and then click on the “Submit a Request” link. A dropdown menu will appear; select the LGPD request option.
To be effective, the notice must be in writing and include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Services, with sufficient detail so that we can locate it on the Services;
Your address, telephone number, and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the copyright or intellectual property or are authorized to act on behalf of the copyright or intellectual property owner.
Counter-Notifications. If you believe that your Content was removed or disabled due to an LGPD notice, and you believe that the Content is not infringing, you may send us a written counter-notification containing the following information:
Your physical or electronic signature;
Identification of the content that was removed or to which access was disabled, and the location where the content appeared before it was removed or disabled;
A statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;
Your name, address, telephone number, and email address; and
If we receive a counter-notification, we will send a copy of the counter-notification to the original complaining party, informing them that we will restore the removed/disabled content within 14 business days unless the original complaining party notifies us that they have filed a legal action related to the Content.
In accordance with the LGPD and other applicable laws, DeepReflection.com has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. DeepReflection.com may also, at its sole discretion, limit access to the Services or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement.
The Services or third parties may provide links or other access to other websites and resources on the Internet or to third-party applications. DeepReflection.com has no control over such websites, resources, or applications, and DeepReflection.com is not responsible for and does not endorse them. You acknowledge and agree that DeepReflection.com shall not be held responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with reliance on any content, events, goods, or services available on or through such websites, resources, or applications. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that DeepReflection.com is not liable for any loss or claim you may have against any such third party.
You agree to release, indemnify, and hold harmless DeepReflection.com and its affiliates, and their officers, employees, directors, and agents, from any and all losses, damages, and expenses of any kind arising out of or related to your use of the Services. Without limiting the foregoing, the release and indemnification described above include reasonable attorneys’ fees, rights, claims, actions of any kind, and injuries (including death) arising out of or related to your use of the Services.
You acknowledge that you will be fully responsible for any damage caused to DeepReflection.com or to third parties as a result of the misuse of the Services, including but not limited to, violations of intellectual property rights or the sharing of unauthorized content.
Disclaimer of Warranties
Your use of the Services is at your sole risk. The site is provided “AS IS” and “AS AVAILABLE.” DeepReflection.com expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. DeepReflection.com makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Services will be accurate or reliable.
The content generated by the Services is provided for informational purposes only and is not a substitute for consultation with qualified professionals, such as doctors, lawyers, or financial advisors. We recommend seeking professional advice before making decisions based on content generated by the Services.
You understand and agree that DeepReflection.com shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for damages for loss of profits, including but not limited to damages for loss of goodwill, use, data, or other intangible losses (even if DeepReflection.com has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (i) the use or inability to use the Services; (ii) your access to, use of, creation of, or interaction with any Content, Reflection, or Generations; (iii) your sharing with third parties of any Content, Reflection, or Generations; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of third parties (including users) on the Services; or (vi) any other matter related to the Services. In no event shall DeepReflection.com's total liability to you for all damages, losses, or causes of action exceed the greater of: (i) R$ 1.00; or (ii) the amount you paid to DeepReflection.com (if any) in connection with your use of the Services.
These limitations of liability do not affect the rights provided under the Consumer Protection Code (Law No. 8.078/1990), including the right to compensation for damages resulting from abusive practices or defects in the services provided. We guarantee that all provisions contained herein comply with the applicable Brazilian legislation.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any part of the site or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Services.
This section affects your rights, so please read it carefully.
Disputes or controversies related to these Terms shall be resolved through arbitration, in accordance with Law No. 9.307/1996. Before initiating arbitration proceedings, the parties agree to seek an amicable resolution, preferably through mediation. These Terms respect the provisions of the Consumer Protection Code, including the possibility of class actions in defense of diffuse and collective rights. By entering into these Terms, you and DeepReflection.com waive the right to a jury trial. The arbitration shall be conducted in Belo Horizonte, MG, Brazil, by a neutral arbitrator, in accordance with the applicable Legal Rules and Procedures in Brazil. The arbitrator may award the same damages and relief as a court, as provided by Brazilian law. Law No. 9.307/1996 governs the interpretation and enforcement of this agreement.
You and DeepReflection.com agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless you and DeepReflection.com agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not preside over any form of a consolidated, representative, or class proceeding. This provision respects the limitations imposed by applicable Brazilian consumer protection laws.
DeepReflection.com is always interested in resolving disputes in a fair and friendly manner, and therefore, if you have any concerns, we strongly encourage you to contact us about them at support@deepreflection.com.
Before initiating an arbitration proceeding, the parties agree to seek an amicable solution through mediation conducted by a recognized institution located in the city of Belo Horizonte, MG. The mediation shall take place within 30 days of receiving the request, unless otherwise mutually agreed.
If such efforts are unsuccessful, you or DeepReflection.com may initiate arbitration proceedings after a good-faith attempt at amicable resolution lasting at least 60 calendar days.
The arbitration shall be conducted by a neutral arbitrator in accordance with the Legal Rules and Procedures provided under Law No. 9.307/1996. All issues related to the scope and enforceability of this agreement shall be decided by the arbitrator, including questions regarding the validity of this Arbitration Agreement. The arbitration shall be confidential, and the arbitrator’s decisions may be enforced in competent courts in Brazil.
All aspects of the arbitration process and any decision, ruling, or award by the arbitrator shall be strictly confidential for the benefit of all parties.
If a court or the arbitrator determines that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with one that is valid and enforceable and that most closely reflects the original intent of the invalid term or provision.
DeepReflection.com agrees that if it makes future changes to this Arbitration Agreement, such changes will apply only to users who explicitly agree to them, in accordance with applicable Brazilian law.
DeepReflection.com handles users' personal data in accordance with the General Data Protection Law (LGPD - Law No. 13.709/2018). You have the right to access, correct, delete, and restrict the use of your personal data. To exercise these rights or obtain additional information, please contact our Data Protection Officer (DPO) at dpo@deepreflection.com.
To process sensitive personal data, as defined by the LGPD, we will request your explicit consent, except in cases where processing is essential to comply with legal or regulatory obligations.
The collection, use, storage, and sharing of personal data follow the principles of transparency, security, purpose limitation, and data minimization, as established by the LGPD. DeepReflection.com is committed to adopting technical and organizational measures to protect data against unauthorized access, leaks, or any security incidents.
Additionally, all requests related to your rights as a data subject can be submitted directly through our website. Visit the homepage at https://deepreflection.com/, click on the "Help Center" link, and select the option for personal data requests.
DeepReflection.com shall not be liable for indirect, incidental, or consequential damages, except in cases provided for under the Consumer Protection Code, such as bad faith, willful misconduct, or violation of fundamental rights. This limitation does not affect consumer rights guaranteed under Brazilian law.
You agree that DeepReflection.com, at its sole discretion, may suspend or terminate your account (or any part thereof) or your use of the Services, and remove and discard any content within the Services, for any reason, including, without limitation, due to lack of use or if DeepReflection.com believes that you have violated or acted inconsistently with the letter or spirit of these Terms.
DeepReflection.com may also, at its sole discretion and at any time, discontinue the provision of the Services, or any part thereof, with or without prior notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that DeepReflection.com may (but is not obligated to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Termination of your account or access to any component of the Services does not terminate DeepReflection.com's rights to your Content. Furthermore, you agree that DeepReflection.com shall not be liable to you or any third party for any termination of your access to the Services.
Entire Agreement. These Terms constitute the entire agreement between you and DeepReflection.com and govern your use of our Services, superseding any prior agreements between you and DeepReflection.com with respect to the Services.
These Terms are governed by the laws of the Federative Republic of Brazil, particularly the Civil Code (Law No. 10.406/2002) and the Consumer Protection Code (Law No. 8.078/1990), when applicable. Any dispute shall be resolved in the court of the district of Belo Horizonte, State of Minas Gerais.
If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of these Terms shall remain in full force and effect.
Any failure by DeepReflection.com to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
You may not assign these Terms without the prior written consent of DeepReflection.com, but DeepReflection.com may assign or transfer these Terms, in whole or in part, without restriction.
Notices to you may be made via email or regular mail. The Site may also provide notices to you regarding changes to these Terms or other matters by displaying such notices or links to notices generally on the Services.
We reserve the right, at our sole discretion, to modify or revise parts of these Terms at any time. If we do so, we will post the changes on this page and indicate at the top of this page the date these Terms were last revised. Any changes will take effect no later than 14 days after being posted, except for changes that address new features of the Services or changes made for legal reasons, which will become effective immediately. Your continued use of the Services after the date such changes take effect constitutes your acceptance of the new Terms. Whenever there are material changes to these Terms, we will notify users via a notice on the site. We recommend reviewing the Terms periodically. Your continued use of the Services after the effective date of the changes will imply your acceptance.
If you have any questions about our Services or wish to report any violations of these Terms, please contact us at support@deepreflection.com.