Terms and Conditions
Last Updated: June 20, 2024
THIS TRIAL (Proof of Concept, “POC”) AGREEMENT (“Agreement”) is between DeckDrop Inc., a Delaware corporation ("DeckDrop") and you as an evaluator ("Evaluator") and/or User (as defined below) (collectively “Subscribers”). This Agreement is effective on the earlier of a date on an executed order form, or the date Subscriber uses the Services (“Effective Date”).
By sending a pitch deck to [email protected], registering for the online portal, executing an order form, clicking a box referencing this Agreement, or accessing or using the Services, Subscriber acknowledges and agrees that Subscriber has read, understood, and agrees to the terms of this Agreement.
This Agreement applies to Customer and all Users who access the Services under Subscriber’s account.DeckDrop offers an AI-based deal-tracking and deal-sharing service for investors, including a cloud-based online portal (“Services”). This Agreement specifies the terms and conditions under which Evaluator is authorized to access and use the Services sufficient to allow Evaluator’s operation of the services pursuant to this Agreement (“Trial Services”).
- Access and Use Rights. Evaluator is granted a personal, non-transferable, non-sublicensable, limited and nonexclusive right to access and use the Trial Services solely for Evaluator’s internal evaluation purposes. Evaluator's right to use the Trial Services shall terminate at the expiration of the Trial Period.
- Restrictions on Use. Without DeckDrop’s consent, Evaluator may not modify the Trial Services, nor may Evaluator copy the Trial Services, or reverse engineer, decompile, disassemble, or derive source code from the Trial Services. The term of any access and use rights granted hereunder shall expire at the end of the Trial Period.
- Confidentiality. Evaluator acknowledges that the Trial Services and any other non-public verbal or written information that may be supplied by DeckDrop to Evaluator during the Trial Period, or obtained through Evaluator’s evaluation of the Trial Services, are confidential information (“Confidential Information”) of DeckDrop. DeckDrop acknowledges that the Evaluator Data (as defined in Section 6) supplied by Evaluator to DeckDrop during the Trial Period, or obtained through Evaluator’s evaluation of the Trial Services, are confidential and proprietary property information of Evaluator.Each receiving Party will:(a) not disclose any Confidential Information or Evaluator Data, or the existence or terms of this Agreement, to any third party without the prior written consent of the disclosing Party, (b) limit internal access to any Confidential Information or Evaluator Data only to the receiving Party’s employees who have a need to access the Trial Services or any Confidential Information or Evaluator Data, and (c) not use any Confidential Information or Evaluator Data for any purpose other than for evaluating the performance of the Trial Services in Evaluator’s business environment.
- Trial Period. The trial period shall be for 30 days (the “Trial Period”). Upon the conclusion of the Trial Period, Evaluator shall notify DeckDrop of its decision of whether or not it would like to enter into an agreement with DeckDrop for use of the Trial Services. In the event that Evaluator determines not to enter into an agreement with DeckDrop, it shall promptly return to DeckDrop or permanently destroy any and all documentation and Confidential Information with written confirmation of such permanent destruction.
- Ownership Rights in the Trial Services. Evaluator acknowledges that the Trial Services and underlying software, and any and all copyrights, trademarks, trade names, trade secret or patent rights therein are the exclusive property of DeckDrop or its third party(s), as the case may be, and as between Evaluator and DeckDrop, DeckDrop shall retain sole and exclusive ownership of and all right, title and interest in and to the Trial Services and documentation provided under this Agreement.
- Evaluator Data. Evaluator acknowledges that DeckDrop exercises no control over the content of the information uploaded by Evaluator or its users through the Trial Services, including pitch decks and other investor-facing materials (“Evaluator Data”). Evaluator represents that it has obtained any and all necessary authorizations or consents that may be required under applicable law prior to placing information on the Trial Services. Evaluator further grants to DeckDrop a limited, royalty-free, fully paid-up license (with rights to sub-license) the Evaluator Data solely for DeckDrop’s for internal business purposes.
- No Warranties. DECKDROP AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AND EVALUATOR HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE TRIAL SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EVALUATOR ACKNOWLEDGES AND AGREES THAT EVALUATOR IS RECEIVING ACCESS AND USE RIGHTS TO THE TRIAL SERVICES ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ENFORCEABILITY, NON-INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE.
- Limitation of Liability. EXCEPT WHERE OTHERWISE PROHIBITED BY APPLICABLE LAW, DECKDROP SHALL NOT BE LIABLE TO EVALUATOR FOR ANY CLAIMS IN CONNECTION WITH THE TRIAL SERVICES OR ANY OTHER SERVICES PROVIDED BY DECKDROP TO EVALUATOR.
- Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Maryland, excluding its conflicts of law rules.
- Miscellaneous. This Agreement, including any referenced attachments and/or incorporated documents, shall constitute the entire understanding between the parties and supersedes any previous communications, representations or agreements whether oral or written. No change or modifications of any of the terms or conditions hereof shall be valid or binding on either party unless made in writing and signed by an authorized representative of each party.
- Contact Information. 11.1. For support or inquiries regarding these terms and conditions, please contact us at [email protected].
By using DeckDrop.io, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.