Terms of service

These Terms of Service form a binding legal agreement between you and Deep Media, Inc. governing your access to and use of Guardian (the Service). By creating an account, accessing the Service, or by clicking I agree during onboarding, you accept these Terms in full.

If you are accepting these Terms on behalf of an organization (an agency, talent management firm, sports organization, or business), you represent that you have authority to bind that organization, and you refers to that organization throughout.

If you do not agree to any provision of these Terms, do not use the Service. Continued use following a material update to these Terms constitutes acceptance of the updated Terms.

Eligibility. You must be at least 13 years of age (16 in the EU/EEA/UK) to create a Guardian account. Users between 13 and the age of majority in their jurisdiction must have parental or guardian consent. Users below 13 are not permitted; parents may enroll a child's likeness only through a parent-administered account.

Identity. You agree to provide accurate account information and to keep that information current. You are responsible for any activity that occurs under your account. You may not share your account credentials, sell or transfer your account, or use someone else's account without authorization.

Security. You are responsible for safeguarding your password. Notify privacy@deepmedia.ai immediately if you suspect unauthorized access. We are not liable for losses arising from your failure to secure your account.

Enrollment authority. You represent that you are the person whose face, voice, name, or likeness you enroll, or that you are a parent or legal guardian of the enrolled minor, or that you hold a clear, demonstrable, and revocable authorization from the enrolled adult.

You agree to use the Service only for the purpose for which it is designed: monitoring and remediating unauthorized uses of your own (or an authorized client's) likeness. You agree not to use the Service to monitor, surveil, identify, or target any individual without that individual's consent.

You agree not to: enroll the biometrics of any person without their explicit written consent; attempt to identify or stalk any third party using the Service; attempt to reverse-engineer or decompile the Service; probe or test the vulnerability of the Service except via our published vulnerability disclosure program; interfere with or disrupt the Service; use the Service to facilitate any illegal activity; introduce viruses, worms, or other malicious code.

We reserve the right to suspend or terminate any account that we reasonably believe has engaged in any prohibited activity, and to refer such activity to law enforcement where appropriate.

Enrollment of biometric data (facial biometric hash, voice biometric hash) is optional. Where you elect to enroll biometric data, you provide explicit written consent under the Illinois Biometric Information Privacy Act (BIPA), the Washington My Health My Data Act (where applicable), and analogous biometric-privacy statutes.

You acknowledge that the purpose of biometric enrollment is to detect unauthorized uses of your likeness, that we retain biometric hashes only for the period necessary to deliver that purpose, that we do not sell, lease, trade, or otherwise profit from your biometric data, and that you may withdraw consent and request deletion at any time, which we will honor within seventy-two (72) hours.

Where you enroll biometrics on behalf of another person, you represent that you have obtained equivalent explicit written consent from that person or their legal guardian, and that you will maintain records of that consent available for inspection upon request.

The Service includes automated takedown notice generation and submission for unauthorized uses of your enrolled likeness. You authorize Deep Media to act as your designated agent for the limited purpose of preparing, signing under penalty of perjury where authorized by law, and submitting such notices on your behalf, including notices under the TAKE IT DOWN Act, the DMCA, platform-specific abuse channels, and the StopNCII coalition.

Limitations of authority. Your authorization is limited strictly to content that matches your enrolled likeness with high confidence as determined by the Service. You retain the right to review any pending notice before submission, and you retain the right to revoke authorization at any time.

No guarantee of removal. Deep Media does not guarantee that any particular platform will act on any notice. Removal depends on the receiving platform's compliance posture, the legal jurisdiction of the platform, and the strength of the underlying claim.

Honest representations. You represent that any content you flag for takedown is, to the best of your knowledge, an unauthorized use of your likeness. You agree to indemnify Deep Media against any third-party claim arising from knowingly false takedown requests submitted through your account.

Paid plans are billed in advance on a monthly or annual cycle. By providing payment information, you authorize Deep Media to charge the applicable plan fee, taxes, and any optional add-ons.

Refunds. New subscribers may request a full refund within thirty (30) days of initial purchase, no questions asked. After thirty days, you may cancel at any time; we prorate refunds for unused service when you have been billed annually.

Plan changes. Upgrades take effect immediately with a prorated charge. Downgrades take effect at the end of the current billing period.

Price changes. We may change subscription prices upon thirty (30) days notice. Price changes apply to your next renewal; existing committed-term subscriptions are honored at the original price through the end of the term.

Service IP. The Service and all underlying software, design, copy, logos, and content (excluding your content) are owned by Deep Media or its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose.

Your content. You retain all rights to content you upload, enroll, or otherwise submit to the Service. You grant Deep Media a limited, non-exclusive, royalty-free license to use that content solely to deliver the Service to you. We do not use your content to train shared machine-learning models.

Feedback. If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, royalty-free license to use that feedback in operating and improving the Service without obligation to you.

THE SERVICE IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

Deep Media does not warrant that the Service will be uninterrupted, error-free, or that all unauthorized uses of your likeness will be detected or removed. The Service is a material improvement over no protection, but it is not a guarantee of removal.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DEEP MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Deep Media's aggregate liability for any claim arising from or related to the Service will not exceed the greater of (a) the amount you have paid Deep Media in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the greatest extent permitted by law.

You agree to indemnify, defend, and hold harmless Deep Media and its officers, directors, employees, and agents from any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising out of your breach of these Terms, your violation of any law or third-party right, any content you submit to the Service, or any takedown notice submitted through your account that contains a knowingly false representation.

Termination by you. You may terminate your account at any time from Account, Settings, Delete Account. Deletion completes per the schedule in our Privacy Policy.

Termination by us. We may suspend or terminate your access to the Service immediately, with or without notice, if we believe you have violated these Terms, engaged in fraudulent or abusive activity, or are using the Service in a way that risks harm to others or to the Service.

Effect of termination. Upon termination, your right to access the Service ceases immediately. We will delete your data per the schedule in our Privacy Policy.

Informal resolution first. Before initiating any formal dispute, you agree to attempt to resolve the dispute informally by emailing privacy@deepmedia.ai. We will attempt a good-faith resolution within thirty (30) days.

Binding arbitration. If informal resolution fails, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules in Wilmington, Delaware.

Class action waiver. You and Deep Media each waive the right to a jury trial and the right to participate in a class action, class arbitration, or representative action.

Small-claims carve-out. Either party may bring an individual action in small-claims court for disputes within that court's jurisdictional limits.

Injunctive relief carve-out. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights pending the outcome of arbitration.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Subject to the arbitration provision above, the state and federal courts located in Wilmington, Delaware, have exclusive jurisdiction over any non-arbitrable dispute.

Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Deep Media regarding the Service.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.

Waiver. Our failure to enforce any provision is not a waiver of that provision or any other.

Assignment. You may not assign these Terms without our prior written consent.

Notices. Notices to you may be sent to the email address associated with your account. Notices to Deep Media must be sent to: Deep Media, Inc., Attn: Legal, 1500 Broadway, Oakland, CA 94612, with a copy to privacy@deepmedia.ai.

We may modify these Terms from time to time. Material changes will be communicated by email and in-product notice at least thirty (30) days before the effective date. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms.