Terms of Service.

1. Acceptance of terms

These Terms of Service (the “Terms”) form a binding agreement between you (“Customer,” “you,” or “your”) and DeepSync (“DeepSync,” “we,” “us,” or “our”) governing your access to and use of the DeepSync website analytics, session replay, heatmap, funnel, and AI-insights platform, including our website, dashboard, SDKs, tracking script, mobile SDKs, and related services (collectively, the “Service”).

By creating an account, clicking “I agree,” installing the DeepSync tracking script or SDK, or otherwise accessing or using the Service, you accept these Terms on behalf of yourself and, if applicable, the organization you represent. If you do not agree to these Terms, you must not access or use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” and “Customer” refer to that entity.

2. Eligibility and account registration

• ·You must be at least 18 years old, or the age of legal majority in your jurisdiction, and have the authority to enter into a binding contract to use the Service.
• ·You must provide accurate, current, and complete information when registering for an account and keep that information up to date.
• ·You are responsible for maintaining the confidentiality of your account credentials, API keys, and any workspace or project identifiers, and for restricting access to your account.
• ·You are responsible for all activities that occur under your account, whether performed by you, your employees, contractors, or anyone else you permit to access the Service.
• ·You must notify us promptly at m@drema.in if you become aware of any unauthorized use of your account or any other breach of security.
• ·We reserve the right to refuse registration, suspend, or terminate accounts that provide false information, impersonate others, or are created for fraudulent, abusive, or unlawful purposes.

3. Description of the Service

DeepSync provides session replay, heatmaps (click, scroll, and movement), conversion funnels, user journey analysis, rage-click and frustration-signal detection, AI-generated insights and summaries, and related analytics tools designed to help teams understand and improve how visitors interact with their websites and applications.

The Service is provided via a JavaScript snippet, mobile SDK, or similar tracking code (the “Tracking Script”) that Customer installs on its own websites or applications (“Customer Properties”). The Tracking Script captures interaction data about visitors to Customer Properties and transmits it to DeepSync for processing, storage, and analysis.

Features, usage limits (including session, event, and seat limits), data retention periods, and available integrations vary by plan and are described on our pricing page and in your order, invoice, or account settings at the time of purchase.

4. Plans, trials, and free tier

• ·DeepSync may offer a free plan with limited monthly sessions and features (“Free Plan”), paid subscription plans (“Paid Plans”), and, occasionally, time-limited free trials of Paid Plan features (“Trials”).
• ·Trials are provided “as is” for evaluation purposes only, may be modified or terminated at any time without notice, and carry no service-level or uptime commitments.
• ·If you do not upgrade to a Paid Plan before a Trial ends, your account may automatically revert to the Free Plan, and data or features exceeding Free Plan limits may become inaccessible or may be deleted in accordance with our retention practices.
• ·We may change, discontinue, or impose new limits on the Free Plan or a Trial at any time, at our sole discretion, subject to reasonable notice where practicable.

5. Billing, subscriptions, and renewal

• ·Paid Plans are billed in advance on a recurring basis (monthly or annually, as selected at checkout) through our payment processor (currently Razorpay), via credit/debit card, UPI, net banking, or other supported payment methods.
• ·Subscriptions automatically renew for successive periods of the same duration as your original subscription term unless you cancel before the renewal date through your account settings or by contacting us.
• ·You authorize us and our payment processor to charge your chosen payment method for all applicable fees, including recurring subscription fees, plan upgrades, add-ons, and usage overages, without further authorization from you for each billing cycle, until you cancel.
• ·If a payment fails, we may retry the charge, suspend access to paid features, downgrade your account to the Free Plan, or terminate your subscription, and you remain responsible for any outstanding amounts owed.
• ·Prices are subject to change. We will provide reasonable advance notice (at least 30 days) of any price increase that affects your then-current subscription, which will take effect at your next renewal unless you cancel before that date.
• ·All fees are exclusive of applicable taxes, duties, and levies (including GST, VAT, or sales tax), which will be added to invoices where required by law and are Customer's responsibility.

6. Refunds and cancellations

All fees paid to DeepSync are non-refundable, including in cases of mid-cycle cancellation, downgrades, or unused sessions or features, except as expressly required by applicable law or as set out in our Refund Policy, which is incorporated into these Terms by reference.

You may cancel your subscription at any time; cancellation stops future billing but does not entitle you to a refund of amounts already charged, and access to paid features continues until the end of the then-current billing period.

7. Acceptable use

You agree that you will not, and will not permit any third party to:

• ·Use the Service to capture, process, or store personal data without a lawful basis or without providing any required notices or obtaining any required consents from your website or app visitors.
• ·Use the Service to intentionally capture sensitive categories of data (such as passwords, payment card numbers, government identifiers, health information, or other special-category data) without first configuring the available masking, exclusion, or redaction controls to prevent such capture.
• ·Reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying algorithms, or trade secrets of the Service, except to the extent such restriction is prohibited by applicable law.
• ·Resell, sublicense, rent, lease, or otherwise make the Service available to any third party as part of a service bureau, outsourcing offering, or similar arrangement, except as expressly permitted under an agency or white-label agreement with us.
• ·Use the Service to build a competing product or service, or to benchmark the Service for the purpose of building or promoting a competing product.
• ·Upload, transmit, or introduce any virus, malware, worm, trojan horse, or other harmful or malicious code, or attempt to probe, scan, or test the vulnerability of the Service or circumvent any security or authentication measures.
• ·Interfere with or disrupt the integrity or performance of the Service, including through excessive automated requests, denial-of-service attacks, or scraping not authorized by an API agreement.
• ·Use the Service in a manner that violates any applicable law or regulation, or that infringes, misappropriates, or violates the intellectual property, privacy, or other rights of any third party.
• ·Use the Service to track, profile, or capture data from any website, app, or property you do not own or do not have authorization to monitor.

8. Customer responsibilities as a data controller

As between Customer and DeepSync, Customer is the data controller (or equivalent role under applicable law) with respect to behavioral, session, and interaction data captured from visitors to Customer Properties, and DeepSync acts as a data processor (or service provider) processing such data solely on Customer's behalf and instructions.

Customer is solely responsible for: (a) providing legally sufficient notice to visitors, including an accurate and up-to-date privacy or cookie policy on Customer Properties; (b) obtaining any consents required under applicable law (including GDPR, the ePrivacy Directive, UK GDPR, India's Digital Personal Data Protection Act, CCPA/CPRA, or other applicable data protection laws) before enabling data capture; (c) configuring the masking, field exclusion, and IP-anonymization settings made available by DeepSync appropriately for Customer's use case and jurisdiction; and (d) responding to data subject requests (such as access, deletion, or objection requests) received from its own visitors.

Customer represents and warrants that it has, and will maintain throughout the term of these Terms, a valid legal basis to collect and share visitor data with DeepSync through the Service.

9. Third-party integrations

The Service may allow you to connect or integrate with third-party products, platforms, or services (such as analytics tools, CRMs, or e-commerce platforms). Your use of any such third-party integration is governed by the applicable third party's own terms and privacy policy, and DeepSync is not responsible for the availability, accuracy, or practices of third-party services.

We are not liable for any loss or damage caused by a third-party integration, including any interruption, modification, or discontinuation of that integration by the third party.

10. Intellectual property

DeepSync and its licensors own all right, title, and interest in and to the Service, including all software, algorithms, designs, know-how, and documentation, and all related intellectual property rights. Except for the limited rights expressly granted to you under these Terms, no rights are granted to you by implication or otherwise.

As between the parties, Customer retains all right, title, and interest in and to Customer Data (defined as data captured from Customer Properties and any content, materials, or information Customer submits to the Service). Customer grants DeepSync a limited, non-exclusive, worldwide license to host, process, transmit, and display Customer Data solely as necessary to provide, maintain, secure, and improve the Service.

We may use Customer Data in de-identified or aggregated form that does not identify Customer, its personnel, or its visitors, for purposes such as benchmarking, product improvement, and generating aggregate industry insights.

If you submit ideas, suggestions, or feedback about the Service, you grant DeepSync a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without any obligation or compensation to you.

11. Confidentiality

Each party may have access to non-public business, technical, or product information of the other party (“Confidential Information”). Each party agrees to use the other party's Confidential Information only to exercise its rights and perform its obligations under these Terms, and to protect it using at least the same degree of care it uses to protect its own confidential information of similar importance, but no less than reasonable care.

Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party without confidentiality restrictions, is independently developed without use of the disclosing party's Confidential Information, or is rightfully received from a third party without restriction.

12. Suspension and termination

• ·We may suspend or restrict your access to the Service, in whole or in part, if we reasonably believe you have violated these Terms, if your account poses a security risk to the Service or other customers, or if required to comply with applicable law, in each case with notice where reasonably practicable.
• ·Either party may terminate these Terms for the other party's uncured material breach, if such breach remains unremedied 30 days after written notice describing the breach.
• ·You may terminate these Terms at any time by cancelling your subscription and ceasing use of the Service.
• ·Upon termination, your right to access and use the Service immediately ends. We may delete Customer Data associated with your account following termination, subject to any residual retention periods described in our Privacy Policy or required by law.
• ·Provisions of these Terms that by their nature should survive termination (including Sections on Fees, Intellectual Property, Confidentiality, Warranties and Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive.

13. Warranties and disclaimers

We warrant that we will provide the Service using commercially reasonable care and skill, substantially in accordance with our published documentation.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure, that all data will be captured with complete accuracy, or that the Service will meet all of your specific requirements. Session replay, heatmap, and analytics data are provided for informational purposes and should not be treated as a complete or forensic record of visitor activity.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO DEEPSYNC IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR, FOR CUSTOMERS ON THE FREE PLAN, ONE HUNDRED U.S. DOLLARS (USD $100).

These limitations do not apply to: (a) a party's indemnification obligations; (b) a party's breach of its confidentiality obligations; (c) Customer's payment obligations; or (d) liability that cannot be limited or excluded under applicable law.

15. Indemnification

Customer agrees to indemnify, defend, and hold harmless DeepSync and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer's breach of these Terms, including Section 7 (Acceptable Use) or Section 8 (Customer responsibilities as a data controller); (b) Customer Data or Customer's use of the Service in violation of applicable law; or (c) any dispute between Customer and its own website or app visitors regarding data collected through the Service.

16. Changes to the Service

We may modify, update, or discontinue features of the Service from time to time, including to improve performance, security, or functionality. We will use reasonable efforts to provide advance notice of changes that materially reduce the core functionality of a Paid Plan you are subscribed to.

17. Changes to these Terms

We may update these Terms from time to time to reflect changes to the Service, legal requirements, or our business practices. If we make material changes, we will provide notice by posting the updated Terms on our website with a new “Last updated” date, and, where required by law or where changes are significant, by additional notice such as email or an in-product notification.

Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and may cancel your subscription in accordance with Section 6.

18. Export control and sanctions

You may not use or export the Service in violation of applicable export control or sanctions laws, and you represent that you are not located in, and are not a national or resident of, any country subject to a comprehensive embargo, and are not listed on any government denied-party or restricted-party list.

19. Governing law and disputes

These Terms are governed by the laws of India, without regard to conflict-of-law principles. Subject to any mandatory consumer-protection rules that may apply in your jurisdiction, the courts located in India will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.

Before initiating any formal legal proceeding, the parties agree to attempt in good faith to resolve any dispute informally by contacting the other party in writing and allowing at least 30 days for resolution.

20. General provisions

• ·Assignment: You may not assign or transfer these Terms without our prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets. We may assign these Terms without restriction, including to an affiliate or in connection with a merger, acquisition, or sale of assets.
• ·Severability: If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• ·Force majeure: Neither party will be liable for any failure or delay in performance (other than payment obligations) resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, internet or utility failures, or governmental action.
• ·No waiver: A party's failure to enforce any provision of these Terms will not be deemed a waiver of that or any other provision.
• ·Entire agreement: These Terms, together with our Privacy Policy, Refund Policy, and any Order Form or agreement referencing these Terms, constitute the entire agreement between the parties regarding the Service and supersede any prior or contemporaneous agreements on the subject.
• ·Notices: Notices to DeepSync must be sent to m@drema.in. Notices to Customer will be sent to the email address associated with the account.

21. Contact us

Questions about these Terms can be directed to m@drema.in.