Terms of Service

These Terms are an agreement between Immersive Fusion LLC, a Delaware limited liability company ("Immersive Fusion", "we", "us"), and the organization or person who uses our services ("you"). They cover DeepCube, its Tessa AI assistant, our websites and our APIs (together, the "Service").

How you accept. You accept these Terms when you agree to them as you create an account, or when you continue to use the Service after we ask you to accept a new version. If you accept for an organization, you confirm you have authority to bind it, and "you" means that organization.

The Service is for business and professional use. If mandatory consumer protection law applies to you anyway, nothing in these Terms overrides it.

Documents that form part of these Terms: the Acceptable Use Policy, the Privacy Policy, the Data Processing Agreement where we process personal data for you, and the plan description and order summary shown to you when you subscribe.

Which document governs. If documents conflict, this order applies: (1) a Subscription License Agreement you have signed with us; (2) these Terms, for the hosted Service; (3) the End User License Agreement (EULA) for the DeepCube desktop clients, for the installed software only. For a claim that involves both the Service and the desktop clients, sections 11 and 13 of these Terms apply once, the EULA's liability and dispute provisions do not apply in addition, and amounts under the two documents are not added together.

1. Your account

1.1 You must give accurate information when you sign up and keep it current.

1.2 You are responsible for your account, for everyone you let use it, and for keeping sign-in details secure. Tell us at once at security@immersivefusion.com if you think someone has used your account without permission.

1.3 You must be at least 18 to use the Service.

2. Using the Service

2.1 Your right to use it. While you follow these Terms and pay what you owe, we give you a non-exclusive, non-transferable right to use the Service for your internal business purposes, within the limits of your plan.

2.2 What you may not do. You may not: resell or sublicense the Service; reverse engineer it, except where the law allows despite this restriction; use non-public information obtained from the Service to build a product that competes with it, as section 3(f) of the EULA defines that restriction; get around security, metering or usage limits; share credentials with people outside your account; or break the Acceptable Use Policy or the law.

2.3 Changes to the Service. We improve the Service continually and may change features. We will not materially reduce the core functionality of a paid plan during a billing period you have already paid for.

2.4 Beta and preview features are offered as they are, may change or stop, and carry no service level.

3. Plans, fees and payment

3.1 Plans. Plans, prices, usage limits (such as nodes, throughput, users and Tessa allowances) and data retention periods are described in the plan description shown when you subscribe. The free plan has no charge and no service level. There is no free trial of paid plans; the free plan is the way to try the Service.

3.2 Billing. Paid plans are billed in advance each month through our payment processor, Stripe, and renew automatically until you cancel.

3.3 Taxes. Prices exclude taxes. You pay any sales, use, VAT or similar taxes, other than taxes on our income.

3.4 Failed payments. If a payment fails, we email you. If it is still unpaid 30 days after it failed, we may suspend the Service until it is paid. If it is still unpaid 30 days after we suspend, we may end your plan.

3.5 Price changes. We will give you at least 30 days' notice of a price increase. It applies from your next billing period after the notice ends.

3.6 Cancellation and refunds. You can cancel at any time in your account settings or by emailing support@immersivefusion.com. Cancellation takes effect at the end of the current billing period. We do not refund partial periods, except where the law requires it, where we end the Service without cause (section 9.3), or under sections 6.5 and 10.1. If you cancel because of a price increase or a change to these Terms, the change does not apply to you before your cancellation takes effect.

4. Your data

4.1 You own it. "Your Data" means everything you or your applications send to the Service: telemetry (traces, logs, metrics), configuration, and your prompts to Tessa. You keep all rights to it.

4.2 What we do with it. We use Your Data only to provide, secure and support the Service for you, and as the law requires. If Your Data includes personal data, the Data Processing Agreement applies automatically. Telemetry from the desktop clients is handled as section 7 of the EULA describes.

4.3 No AI training. We do not use Your Data to train, fine-tune or evaluate any AI model, and we do not let anyone else do so. We may use crash and performance statistics that cannot identify you or your applications to keep the Service stable and secure.

4.4 Your responsibility. You decide what data you send. The Service stores telemetry as you send it and does not remove personal data from it. You are responsible for having the right to send it, and for not sending data the Service is not meant for (see the Acceptable Use Policy).

4.5 Retention and export. We keep Your Data for the retention period of your plan. When your plan ends, you have 30 days to ask support@immersivefusion.com for an export. After that, Your Data is removed from the live Service under our retention schedule and leaves our backups, which are kept for disaster recovery, within 12 months. We may keep account, billing and security records where the law or our security and accounting needs require, as our Privacy Policy describes.

4.6 Security. We maintain reasonable administrative, technical and physical safeguards for Your Data. If a security breach affects personal data in Your Data, we notify you as the Data Processing Agreement sets out (within 72 hours of becoming aware of it).

5. Tessa and AI output

5.1 Tessa generates answers and code suggestions using AI models run by the providers listed at AI Subprocessors. Our current provider may keep prompts and answers for up to 30 days to detect abuse, and may process them outside the United States. Our Privacy Policy has the details.

5.2 Output is yours to use, but it can be wrong, incomplete or inappropriate for your situation. Review it, especially code, before you rely on it or run it in production. You are responsible for what you do with it.

5.3 Others may receive similar output to yours, and we do not promise that output is unique or free of third-party rights.

6. Service levels

6.1 Targets and commitments. Our pricing page shows an availability target for each plan: what we design and operate the Service to achieve. A target is not a promise. A plan carries a contractual uptime commitment only if the plan description labels it a commitment when you subscribe, and that commitment stays for every billing period you have paid for, even if we later stop selling the plan. At the effective date of these Terms, the Visualize plan carries a 99.0% commitment.

6.2 How uptime is measured. Monthly Uptime is the percentage of minutes in a calendar month in which the Service was available. A minute is unavailable if the Service's main web address or API fails to respond to valid requests throughout that minute, as shown by our monitoring and records and the details you give us when you claim.

6.3 What does not count as downtime: scheduled maintenance announced at least 48 hours ahead, up to 4 hours in a month (maintenance beyond that, or without notice, counts); urgent security maintenance; problems caused by you, your network, your credentials or your configuration; failures of new sign-ins or token issuance while existing sessions keep working; beta or preview features; free plans; and events beyond our reasonable control.

6.4 Service credits. If Monthly Uptime on a plan with a commitment falls below it, you can claim a credit against a future invoice of: 10% of that month's fee below 99.0%, 25% below 97.0%, and 50% below 95.0%. Credits are capped at that month's fee. If you have no future invoice, we pay the credit to you.

6.5 Repeated failure. If Monthly Uptime is below 95.0% in any three months within six, you may end your plan by notice, and we refund the prepaid fee for the unused period.

6.6 How to claim. Email support@immersivefusion.com within 30 days after the end of the affected month, with the dates and times you were affected. We review the claim against our records and tell you the outcome.

6.7 Service credits, and the right in section 6.5, are your only remedies for the Service falling short of an uptime commitment.

7. Intellectual property

7.1 The Service, its software, designs and documentation belong to Immersive Fusion and its licensors. These Terms do not transfer any of it to you.

7.2 The names and logos used with the Service, including DeepCube, are trademarks of their owners, used by Immersive Fusion under license. These Terms give you no right to use them.

7.3 If you send us feedback or suggestions, we may use them without obligation to you. Feedback does not include Your Data or your confidential information.

8. Confidentiality

Each of us will use the other's non-public information only for the purpose of these Terms, protect it with at least reasonable care, and share it only with people who need it and are bound to keep it confidential. This does not apply to information that is public through no fault of the recipient, already known to it, developed independently, or received lawfully from someone else. If the law compels disclosure, the recipient will give notice first where it lawfully can.

9. Ending these Terms

9.1 You can stop at any time by cancelling your plan (section 3.6) and asking support@immersivefusion.com to close your account.

9.2 We can suspend or end your access if you materially breach these Terms or the Acceptable Use Policy and do not fix it within 30 days of our notice, or immediately if the breach threatens the security or integrity of the Service or others, or is illegal.

9.3 We can also end the Service for you without cause on 60 days' notice, in which case we refund any fees you prepaid for the period after it ends, and the value of any unused service credits.

9.4 When these Terms end, your right to use the Service stops and section 4.5 (export) applies. Sections 3.3, 4.5, 7, 8, 10, 11, 12, 13 and 15, and any fees already owed, continue.

10. Warranties and disclaimers

10.1 We will provide the Service with reasonable skill and care, and a paid plan will perform materially as described in its plan description and our published product documentation. If it does not, tell us: we will fix it, or, if we cannot within 30 days, you may cancel and we refund the prepaid fee for the unused period.

10.2 Apart from section 6 and section 10.1, the Service is provided "as is" and "as available". To the extent the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise the Service will be uninterrupted or error-free, or that AI output will be accurate.

11. Limitation of liability

11.1 Cap. To the extent the law allows, each party's total liability arising out of or related to these Terms is limited to the greater of: (a) the amounts you paid us for the Service in the 12 months before the claim; or (b) one month of the published list price of your plan (and, for the free plan, one month of the lowest-priced paid plan we then offer).

11.2 Exclusion. To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or business opportunity, even if told they were possible.

11.3 Exceptions. Sections 11.1 and 11.2 do not limit: your obligation to pay fees; our obligations under section 12.1 (infringement); liability for death or personal injury caused by negligence; fraud, gross negligence or willful misconduct; or any liability the law does not allow to be limited.

11.4 Essential basis. These limits are an essential part of the bargain and apply even if a remedy fails of its essential purpose.

12. Indemnities

12.1 By us. We will defend you against a third-party claim that your authorized use of the Service infringes their intellectual property rights, and pay the resulting damages or a settlement we agree to. If use of the Service is, or is likely to be, held infringing, we may get you the right to continue, change the Service so it does not infringe, or end your plan and refund the prepaid fee for the unused period. This does not cover claims caused by Your Data, your modifications, or combining the Service with things we did not provide.

12.2 By you. You will defend us against a third-party claim arising from Your Data or from your use of the Service in breach of these Terms or the law, and pay the resulting damages or a settlement you agree to.

12.3 The party being defended must tell the other promptly, let it control the defense, and cooperate reasonably. The defending party may not agree to a settlement that admits fault for, or imposes obligations on, the other without its consent.

13. Disputes and governing law

13.1 Governing law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules.

13.2 Talk first. Before starting formal proceedings, either party must give written notice of the dispute and try in good faith to resolve it for at least 30 days.

13.3 Arbitration. A dispute not resolved that way will be decided by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in Wilmington, Delaware, unless we both agree otherwise. Arbitration fees are shared as those rules provide, and each party pays its own lawyers. You and we each give up the right to a jury trial and to bring or join a class or representative action. Either party may still ask a court for urgent injunctive relief, and nothing here prevents a claim for public injunctive relief in court. If 25 or more similar claims are filed against us by the same or coordinated counsel, section 16.2(h) of the EULA (mass arbitration) applies to them.

13.4 If arbitration is not available. If section 13.3 is found unenforceable, disputes go to the state and federal courts in Wilmington, Delaware, and both parties accept their jurisdiction.

14. Changes to these Terms

Every version of these Terms has a version number and an effective date. For a material change we will give you at least 30 days' notice, by email and in the Service, before it applies to you, and you may cancel as section 3.6 describes. A change required by law or by an urgent security need takes effect on notice as soon as practicable, and only as far as required. A change never reduces an uptime commitment or a service credit for a month already in progress.

15. General

15.1 Assignment. Neither party may transfer these Terms without the other's consent, except to a successor in a merger, acquisition or sale of substantially all its assets.

15.2 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.

15.3 Notices. We send notices to the email address on your account; they take effect 48 hours after we send them. You send notices to legal@immersivefusion.com; they take effect when we receive them.

15.4 Export and sanctions. You will not use the Service in breach of US export control or sanctions laws.

15.5 Entire agreement. These Terms, with the documents listed at the top and the EULA for the desktop clients, are the whole agreement about the Service and replace earlier ones, subject to the order of precedence at the top. If a provision is unenforceable, the rest still applies. Not enforcing a provision is not a waiver of it.

16. Contact

Immersive Fusion LLC Legal: legal@immersivefusion.com · Support: support@immersivefusion.com Mail: 600 N Broad St, Ste 5, PMB 3407, Middletown, DE 19709-1032, USA