Use of the website („DeepView-App.com“), information, services, and content distributed through or in conjunction with the website (collectively, the "Services") is offered to you subject to your acceptance of these Terms of Use, the IronShark („IS“) Privacy Policy, and any other notices or amendments posted through the Services.

By accessing and using the Services, or any of the information and/or content presented in any areas of the Services, you are acknowledging that you have read and agree to be bound by these Terms of Use, and other notices posted through the Services. You further warrant and covenant that you have the power and authority to enter into this agreement. If you do not acknowledge and agree with the above, you may not access or use IS's DeepView-application, content, or Services.

BECAUSE THESE TERMS and CONDITIONS OF USE IMPOSE LEGAL OBLIGATIONS UPON YOU, IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.

IS shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Use at any time ("Changes"). You will be notified of any Changes through a posting on the website, a notification in the Services, or via e-mail. Any Changes shall be effective THIRTY (30) days following the posting of such Changes (the "New Effective Date"). You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Services following the New Effective Date shall constitute your acceptance of all such Changes. If you do not agree to any or all of the Changes, you must stop using the Services immediately.

Permitted Uses

Except for the Permitted Uses, nothing in these Terms of Use grants, or should be construed to grant, any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in the Services, and their Information and Content belong to IS and/or its licensors, as applicable.

User Conduct and Obligations

Your license to access and use the Services is subject to the following restrictions and prohibitions on use ("User Conduct and Obligations"). You agree that you shall not:

1. upload, post, transmit, share or otherwise make available through, or to, the Services any content that:
   1. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory, racist, or otherwise objectionable;
   2. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
   3. might violate any local, federal, or international law, or any rules of any securities exchange, either intentionally or unintentionally, or;
   4. contains any viruses, trojan horses, time bombs, cancelbots, or any other harmful or disruptive computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
2. disrupt, disable, place unreasonable burdens or excessive loads on, interfere with, or attempt to gain unauthorized access to any portion of the Services, or their computer systems, servers, or networks;
3. provide false information about yourself to IS, impersonate any other person, or otherwise attempt to mislead others about your identity, your affiliation with any person or entity, or the origin of any content, message, or other communication;
4. upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, bulk e-mail, or duplicative messages;
5. use any automatic or manual process to collect, harvest, gather, or extract information about other visitors to or users of the Services, or otherwise systematically extract data or data fields, except the ones provided by IS in the statistics module;
6. use the Services for the purpose of gathering information for, or transmitting, unsolicited bulk commercial e-mail over the Internet to other users of the Services or to other third parties. Internet e-mail sent to, or through, the computer systems of the Services or to users of the Services or to other third parties containing invalid or forged headers, invalid or non-existent domain names, or other deceptive addressing is deemed counterfeit;
7. a.present, archive, cache, frame, scrape, or mirror any information and content from any part of the Services within another website, except with express written permission from IS;
8. a.remove, obscure, or alter any notice of IS's intellectual property rights present on or in the Services, including but not limited to copyright, trademark, and/or patent notices; and
9. a.copy, disassemble, decompile, translate, reverse engineer or otherwise reduce the Services software or use any network monitoring or discovery software to determine the newtork and/or computer architecture, except as permitted by mandatory rules of applicable law that cannot be disapplied by contract.

Remedies for Violations

IS reserves the right to seek all remedies available at law and in equity for violations, or for suspected violations, of these Terms of Use, including but not limited to the right to block access from a particular IP address to the Services and their features.

Service Modifications

You acknowledge and agree that IS reserves the right, in its sole discretion and at any time, to modify, change, add to, terminate, or discontinue (with respect to an individual user or all users) the Services and/or any associated services, Information and Content, or technical specifications with or without notice to you, and that IS will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modification or discontinuance.

Privacy and Personal Information

Your use of the Services may require you to provide information about yourself. You acknowledge that you have read and agree to all of the terms and conditions of IS's Privacy Policy, and that you agree to the incorporation of the Privacy Policy into these Terms of Use.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, IS does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including without limitation transmissions involving the exchange of e-mail with IS containing your personal information. While IS shall take commercially reasonable efforts to safeguard the privacy of the information you provide to IS and shall treat such information in accordance with IS's Privacy Policy, in no event will the information you provide to IS be deemed to be confidential, create any fiduciary obligations to you on IS's part, or result in any liability to you on IS's part in the event that such information is inadvertently released by IS or accessed by third parties without IS's consent.

Indemnification by User

You agree to indemnify, defend, and hold IS and IS's affiliates, business partners, officers, directors, employees, and agents harmless from any loss, liability, claim, action, suit, demand, damage, or expense (including reasonable legal fees, costs of investigation and court costs) asserted by any third party relating in any way to, or in respect of, your use of the Services, any third party applications, software, or content you post or share on or through the Services, or breach of these Terms of Use. IS reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Unlawful Activity

IS reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action IS deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.

General

These Terms of Use incorporate by reference all notices and disclaimers contained in the Services, including but not limited to the Privacy Policy and, except for any agreements with IS that expressly reference these Terms of Use (i.e. the End User Licensing Agreement), constitute the entire agreement between you and IS with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms of Use supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and IS relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and IS. If any provision of these Terms of Use is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Terms of Use shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. IS's failure to insist upon, or enforce, strict performance of any right or provision of these Terms of Use shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the Federal Republic of Germany applicable therein, without regard to conflict of laws provisions thereto. All rights and remedies, whether conferred by this agreement, by any other instrument or by law, shall be cumulative, and may be exercised singly or concurrently. The parties hereby irrevocably attorn to the exclusive jurisdiction of the courts Jena, Germany.

Force Majeure

In addition to applicable disclaimers stated above, IronShark's performance under these Terms of Use shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labour disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.

Contact

If you have any questions or concerns about the website, it's services, or these Terms of Use, please feel free to contact us at Support@IronShark.de