Terms Of Use

As a company the desire of DeerBrain is to collect the minimal amount of data as possible. If you refer to our Privacy policy for our NeverForget 9-11 app we collect absolutely nothing.

DEERBRAIN TERMS OF USE

Last updated: 10/13/2026

Thank you for using the DeerBrain platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).

The entity providing the Service is DeerBrain LLC (referred to as “DeerBrain”, “we”, “us”, or “our”). References to DeerBrain’s “Affiliates” in these terms means the other companies within the DeerBrain LLC corporate group (now or in the future).

Your use of the Service is subject to these terms and our Privacy Policy, which may be updated from time to time (together, this "Agreement"). Any other links or references provided in these terms are for informational use only and are not part of the Agreement.

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

PLEASE REVIEW THESE TERMS OF USE CAREFULLY. BY CLICKING “I AGREE”, MAKING A PURCHASE THROUGH THE SERVICE, REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE, MAKE A PURCHASE THROUGH THE SERVICE, OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS OF USE.

THESE TERMS OF USE REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE TERMS OF USE (EACH, A “CLAIM”), AND YOU AGREE THAT ANY SUCH CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. PLEASE REVIEW THE ARBITRATION SECTION CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

HIGHLIGHTS

Here’s a few highlights:

- You agree to use the Service for your personal, non-commercial use only.

- If you purchase the Service through an App Store, your payment, subscription and cancellation will be governed and managed by the App Store.

- You are responsible for the content you upload and share within the Service, and agree to use the Service appropriately (standards of conduct described below).

- Any services you acquire or purchase you make through a third-party link in the Service are governed by that third-parties terms.

- The availability and accuracy of the information within the Service is dependent on many factors and service providers and changes frequently. You are responsible for confirming the accuracy of all information and conditions before taking or omitting any action.

WHO MAY USE THE SERVICE

You represent and warrant that you are: (i) over eighteen years of age or the age of majority in your jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction.

If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

YOUR ACCOUNT

You represent and warrant that all information you provide to us when you create an account, and when you access and use the Service, is and will remain complete and accurate.

It is important that you take reasonable steps to keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, please let us know at inaDeerBrain@gmail.com or GetInside@DeerBrain.com. Do not give others access to your account, or transfer your account to anyone else, without our permission.

You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify DeerBrain immediately of any unauthorized use of your account or password or any other similar breach of security.

FEES, SUBSCRIPTIONS AND CANCELLATION

You are solely responsible for any data, usage and other charges assessed by mobile, cable, internet or other communications services providers for your access to and use of the Service. Some features of the Service are free to use, but fees may apply for memberships, premium features and other components. If there is a fee listed for any portion of the Service, by accessing or using that portion, you agree to pay the fee.

If you make an in-app purchase in the DeerBrain app, the applicable fee may be denominated in your local currency in the Apple App Store (the “App Store”). The App Store collects the applicable fee from you on your device. You should consult the App Store to understand its sales terms and determine whether the fee includes all applicable taxes, currency exchange settlements and other charges. You are solely responsible for paying all such taxes, fees and other charges. DeerBrain relies on the App Store to collect fees and to report on the status of accounts. Your access to the Service may be suspended or terminated if you do not make payment on time or in full. In-app purchases are managed by the App Store directly. DeerBrain does not have the ability to manage any aspect of your in-app purchases on your behalf, including, but not limited to, initiating, canceling or refunding purchases.

If you sign up for a subscription-based membership, your membership will automatically renew at the conclusion of the then-current term unless you turn off auto-renewal at least twenty-four (24) hours before the conclusion of the then-current term. Uninstalling the DeerBrain app will not automatically cancel your membership or account or turn off auto-renewal. You must cancel your membership or turn off auto-renewal to end recurring charges. If you uninstall the DeerBrain app without canceling your membership or turning off auto-renewal, the recurring charges for your membership will continue. DeerBrain reserves the right to change membership fees at any time and DeerBrain may begin charging for products, content or services that it currently offers for free.

TO CANCEL YOUR MOBILE APP SUBSCRIPTION, PLEASE TAKE THE FOLLOWING STEPS: For the Apple App Store, visit Settings, then tap your name, then Subscriptions. Canceling a membership or turning off auto-renewal will not entitle you to a refund of any fees already paid, and previously charged fees will not be pro-rated based on cancellation date. Cancellation is effective at the conclusion of the then-current term. We are unable to process any returns or exchanges for purchases via the App Stores, you must abide by the specific return policies of the App Store.

LICENSE TO USE THE SERVICE

DeerBrain makes available mobile applications for access to and use of certain components of the Service (collectively, “Mobile Apps”). Subject to your compliance in all material respects with the terms and conditions of the Terms of Use and your compliance with the corresponding Terms of Service governing your access/use of the Apple App Store, DeerBrain grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Mobile Apps on a personal mobile device that you own and control, in executable, machine-readable, object code form only and solely for your personal, non-commercial purposes. You acknowledge and agree that the Mobile Apps are licensed, not sold, to you for use only under the terms and conditions of the Terms of Use.

You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have DeerBrain’s written permission.

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or DeerBrain.

WHAT YOU CAN’T DO

You agree not to engage in the conduct described below (or to facilitate or support others in doing so):

- You may not use the Service to do or share anything:

- That violates these Terms or other terms and policies that apply to your use of the Service.

- That is unlawful, misleading, discriminatory or fraudulent (or assists someone else in using the Service in such a way).

- That you do not own or have the necessary rights to share.

- That infringes or violates someone else's rights, including their intellectual property rights (such as by infringing another’s copyright or trademark, or distributing or selling counterfeit or pirated goods), unless an exception or limitation applies under applicable law.

- You may not upload viruses or malicious code, use the services to send spam, or do anything else that could disable, overburden, interfere with, or impair the proper working, integrity, operation, or appearance of our services, systems, or the Service.

- You may not access or collect data from the Service using automated means (without our prior permission) or attempt to access data you do not have permission to access, regardless of whether such automated access or collection is undertaken while logged-in to a DeerBrain account.

- You may not proxy, request, or collect usernames or passwords, or misappropriate access tokens.

- You may not sell, license, or purchase any data obtained from us or our services, regardless of whether such data was obtained while logged-in to a DeerBrain account.

- You may not misuse any reporting, flagging, dispute, or appeals channel, such as by making fraudulent, duplicative, or groundless reports or appeals.

- You may not do, or attempt to do, anything to circumvent, bypass, or override any technological measures that DeerBrain uses to control or limit access to the Service or data.

We can remove or restrict access to content that is in violation of these provisions. We can also suspend or disable your account for conduct that violates these provisions, as provided in Ending Your Account.

HUNTING LAWS, PROPERTY LINES AND SAFETY

ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. AVAILABILITY AND ACCURACY OF THE INFORMATION PROVIDED BY THE SERVICE IS DEPENDENT UPON MANY FACTORS. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL INFORMATION, CONDITIONS AND YOUR HARDWARE BEFORE TAKING OR OMITTING ANY ACTION. DO NOT USE THE SERVICE FOR ANY PURPOSE REQUIRING PRECISE DIRECTION, DISTANCE OR LOCATION.

IT IS YOUR RESPONSIBILITY TO:

- OBEY ALL APPLICABLE LAWS, RULES, REGULATIONS, RESTRICTIONS, ADVISORIES AND POSTINGS, INCLUDING, BUT NOT LIMITED TO THOSE RELATED TO TRESPASSING, PRIVATE PROPERTY, PUBLIC LAND USE, HUNTING AND TRAPPING, FISHING, FIREARMS, MOTOR VEHICLES AND NON-MOTORIZED RECREATION.

- VISUALLY VERIFY BOUNDARIES, ROADS, TERRAIN AND TRAILS FOR ACCESS AND SAFE CONDITIONS.

- CHECK LOCAL WEATHER, FIRE AND AVALANCHE FORECASTS DAILY AND PLAN AHEAD.

- TAKE APPLICABLE SAFETY COURSES, TRAVEL WITH A PARTNER AND ENSURE YOU HAVE THE PROPER EQUIPMENT, SUPPLIES, DOWNLOADED DATA, AND BATTERY SUPPORT TO GET HOME SAFELY.

The Service provides land boundaries and land ownership information that serve as a reference to hunters for informational purposes only. DeerBrain receives such information from third party data providers, and DeerBrain is not responsible for its accuracy in any way or in regards to any dispute over land boundary lines or ownership information, and each user assumes all risks of any nature whatsoever in regards to the use of any such data or information. THE CONTENT MADE AVAILABLE THROUGH THE SERVICE DOES NOT CONSTITUTE A LEGAL SURVEY. OWNERSHIP OF LAND, WHETHER PUBLIC OR PRIVATE, MAY CHANGE AT ANY TIME. TO OBTAIN THE DEFINITIVE DESCRIPTION OF ANY LAND, PARCEL, OR OTHER REAL PROPERTY, CONSULT THE APPLICABLE DEED OR OTHER OFFICIAL RECORD MAINTAINED BY THE APPLICABLE GOVERNMENTAL AUTHORITY.

You are solely responsible for determining which areas are private property.

YOUR CONTENT

You acknowledge and agree that all information, maps, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not DeerBrain, are entirely responsible for all Content that you upload, post, email, transmit, share or otherwise make available through the Service (“Your Content”).

To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in the Terms of Use with respect to Your Content; and (ii) Your Content does not violate any copyright, trademark, right of privacy, right of publicity or any other right of any other party and does not contain false or misleading statements.

DeerBrain does not claim ownership of Your Content. However, you grant DeerBrain and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) in connection with the Service. You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

DeerBrain will not sell or resell Your Content.

By using the Service, you consent to the collection and use of geolocation data, image data (including wildlife captures), and usage data as described in our Privacy Policy.

You may remove your Content from the Service at any time. You must remove your Content if you no longer have the rights required by these terms.

REMOVAL OF CONTENT BY DEERBRAIN

If any of your Content (1) is in breach of this Agreement or (2) may cause harm to DeerBrain, our users, or third parties, we reserve the right to remove or take down some or all of such Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for DeerBrain or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, DeerBrain or our Affiliates.

FEEDBACK AND SURVEYS

We always appreciate your feedback and other suggestions about our products and services. But we may use feedback and other suggestions without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

DeerBrain may, from time to time, provide you the opportunity to participate in surveys, contests or sweepstakes (together, “Promotions”) through the Service, which may include additional terms and conditions to participate. All Promotions are voluntary and it is your responsibility to comply with these Terms of Use and any additional terms and conditions when participating.

ACCURACY OF INFORMATION AND AI RESULTS

Occasionally there may be information in the Service that contains typographical errors, inaccuracies or omissions that may relate to e.g., product descriptions, availability, promotions and offers, and/or various information (such as weather, property boundaries, hunting regulations, etc.) that may be received from third parties. We make no representation as to the accuracy of any such information. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service should be taken to indicate that all information in the Service has been modified or updated.

To the maximum extent permitted by law: WE AND OUR AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ADVISORS, MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OF OUR AI-ENABLED FEATURES AND OUTPUT. Your use of Output, and of our AI-enabled features, is at your own risk, and to the maximum extent permitted by law, you bear all consequences of your use of Output. DeerBrain does not endorse any content included in Output, and Output does not reflect our views, or those of our affiliates or personnel. You are responsible for reviewing, verifying, and deciding how to use Output, and you should not rely on Output as a source of truth or fact, as a substitute for professional advice, or to inform decisions related to e.g., health, finance, or law. Due to the inherent limitations of AI, Output you generate may be inaccurate, incomplete, misleading, objectionable, inappropriate, unlawful, and unfit for a particular purpose, and by using the Service, including its AI-enabled features, you recognize and assume this risk.

LOCATION-BASED FEATURES

Some features of the DeerBrain app make use of detailed locations, route, and/or mapping information. For example, in the form of GPS signals and other information sent by your mobile device on which the DeerBrain app is installed and activated. These features cannot be provided without utilizing this technology.

CHANGES AND UPDATES TO THE SERVICE

DeerBrain is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software (such as the DeerBrain app), that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

DeerBrain may at its sole discretion from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). DeerBrain may develop Updates that require installation by you before you continue to access or use the Service. Updates may also be automatically installed without providing any additional notice to you or receiving any additional consent from you. The manner in which Updates may be automatically downloaded and installed is determined by settings on your device, its operating system and/or your applicable App Store settings.

THIRD-PARTY LINKS AND SERVICES

The Service may contain links to third-party websites and online services that are not owned or controlled by DeerBrain. DeerBrain has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

Your use of third-party applications and services is governed by their terms and privacy policies, not ours. We make no commitments, warranties or representations about the quality, security or integrity of third-party applications and services you choose to use with the Service.

OWNERSHIP

Except with respect to Your Content, you acknowledge and agree that DeerBrain and its licensors own all rights, title and interest in the Service and all Content and other materials within the Service (including, but not limited to, text, photos, video, visual interfaces, interactive features, graphics, design, compilation, code, products, software, aggregate user reviews or ratings, and all other elements, components and intellectual property rights), which may not be used without the prior written consent of DeerBrain. The Service is protected by U.S. and international copyright and other intellectual property laws and treaties. The DeerBrain logos and trademarks referenced in the Service are the trademarks of DeerBrain and its affiliates. Any other company names, product names, service names and logos referenced in the Service may be the trademarks of their respective owners. DeerBrain reserves all rights not expressly granted to you.

If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide DeerBrain’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Service; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. DeerBrain’s Agent for Notice of Copyright Claims can be reached as follows:

Agent for Notice of Copyright Claims

DeerBrain LLC

Email: inaDeerBrain@gmail.com or GetInside@DeerBrain.com

WARRANTY DISCLAIMER

OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND DEERBRAIN DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT DEERBRAIN SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF DEERBRAIN HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEERBRAIN’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT PAID BY YOU TO DEERBRAIN FOR ACCESS TO THE SERVICE (OR PORTION THEREOF) AT ISSUE WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE MAY INVOLVE KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN PROPERTY DAMAGE, BODILY INJURY OR DEATH, INCLUDING, BUT NOT LIMITED TO, RISKS THAT MAY ARISE FROM THE ACTS OF OTHERS AND OTHER RISKS BEYOND THE CONTROL OF DEERBRAIN. YOU ASSUME ALL SUCH RISKS AND ALL RELATED DAMAGES AND LOSSES, WHETHER CAUSED IN WHOLE OR IN PARTY BY ANY ACT OR OMISSION OF DEERBRAIN. YOU VOLUNTARILY RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS DEERBRAIN FROM ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION FOR PROPERTY DAMAGE, BODILY INJURY, WRONGFUL DEATH, LOSS OF SERVICES OR OTHER CLAIMS ARISING FROM OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE. The limitation of liability set out in this section does not apply to liability resulting from DEERBRAIN’S gross negligence or willful misconduct.

The exclusion of damages under this section is independent of your exclusive remedy in this section and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in this section apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

GENERAL RELEASE OF CLAIMS

YOU HEREBY RELEASE AND HOLD HARMLESS DEERBRAIN, DEERBRAIN’S PARENTS, SUBSIDIARIES, AND OTHER AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, AND LICENSEES FROM AND AGAINST ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST THEM FOR INFRINGEMENT, VIOLATION OF THE RIGHTS OF PRIVACY OR PUBLICITY, DEFAMATION, DISPARAGEMENT, PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE, AND/OR ANY OTHER LEGAL THEORY ARISING FROM OR IN CONNECTION WITH THE SERVICE, THE PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH, OR IN RELATION TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SERVICES), AND/OR THE RIGHTS AND PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THOSE RIGHTS AND PRIVILEGES RELATING TO YOUR CONTENT AND/OR ANY ELEMENTS, DERIVATIVES, OR MARKETING OF THE FOREGOING). FURTHER, YOU WAIVE YOUR RIGHT TO, AND IN NO EVENT SHALL YOU SEEK TO, (A) ENJOIN DEERBRAIN, ANY OF DEERBRAIN’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, OR LICENSEES OR (B) EXERCISE ANY OF THE RIGHTS OR PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, YOUR CONTENT).

YOU ALSO HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY OTHER STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT, WHICH PROVIDES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”.

INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless DeerBrain, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

ENDING YOUR ACCOUNT

You may stop using the Service at any time.

DeerBrain reserves the right to suspend or terminate your DeerBrain account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, DeerBrain or our Affiliates.

We will notify you with the reason for termination or suspension by DeerBrain unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, DeerBrain or our Affiliates.

In the event that you violate the Terms of Use: (a) all rights granted to you under the Terms of Use shall terminate immediately, with or without notice; (b) you must immediately cease using the Service; and (c) DeerBrain, in its sole discretion, may remove and discard Your Content. Upon termination of the Terms of Use, all rights granted to you under the Terms of Use shall immediately terminate, but all other provisions shall survive termination.

CHANGES TO THESE TERMS

We may change this Agreement, for example, (1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.

BINDING ARBITRATION AND CLASS ACTION WAIVER

ALL CLAIMS SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except that DeerBrain will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where you live in any dispute where you assert a claim against DeerBrain, unless you demonstrate to the arbitrator that you would be entitled to file that civil action in federal court without payment of the then-applicable fee). The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Spartanburg, South Carolina. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA (SPARTANBURG) OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A COURT OF COMPETENT JURISDICTION IN SPARTANBURG, SOUTH CAROLINA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

Notwithstanding anything to the contrary, you and DeerBrain may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

GOVERNING LAW AND TIME LIMIT

The Terms of Use shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of South Carolina, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the Terms of Use.

YOU AND DEERBRAIN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

INTERNATIONAL USE

If you are not a United States resident and you are accessing the Service from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.

DeerBrain servers and operations are located primarily in the United States and DeerBrain policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including personal information) to and in the United States and/or other countries; (ii) You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, listed in the Area Control List under Canada’s Export and Import Permits Act, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Service.

U.S. GOVERNMENT ENTITIES

This section applies to access to or use of the Service by a branch or agency of the United States Government. The Service includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in the Terms of Use with respect to the such items, and any access to or use of the Service by the United States Government constitutes: (i) agreement by the United States Government that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.

APPLE

If you use the Service on an Apple device, then you agree and acknowledge that:

- Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with maintenance and support;

- You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;

- Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

NOTICES

DeerBrain may give you all notices (including legal process) that DeerBrain is required to give by any lawful method, including by making notice available through the Service or by sending it to any email or mailing address that you provide to DeerBrain. You acknowledge that if you do not provide DeerBrain with current and accurate contact information, DeerBrain may not be able to contact you. You agree to send DeerBrain notice by emailing it to inaDeerBrain@gmail.com or GetInside@DeerBrain.com.

BACKUPS

We are not responsible for content (such as Your Content) residing in the Service. In no event shall we be held liable for any loss of any such content. It is your sole responsibility to maintain appropriate backup of your content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

GENERAL TERMS

These Terms and our Privacy Policy are the whole legal agreement between you and DeerBrain, govern your use of the Service and completely replace any prior terms of service between you and DeerBrain related to the Service. Any rights and permissions granted in them, may not be transferred or assigned by you. Our rights and obligations under these Terms are freely assignable by us without any requirement to notify you or any third party, in connection with a merger, acquisition, sale or disposition of assets, sale or transfer of equity (whether by direct or indirect ownership) or by operation of law or otherwise.

Our or your failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right. If any portion of these Terms is found to be invalid or unenforceable, then the removal of that provision will be done to the minimum extent required to make it enforceable under applicable law and the remaining provisions will continue to have full force and effect. It will not be considered a waiver of any provision or right if we or you fail to insist upon or enforce any of these Terms. In these Terms, “include” or “including” means “including but not limited to.”

Any prevention of or delay in performance by DeerBrain hereunder due to labor disputes, acts of god, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.

You can contact us, including to ask questions about these Terms, at inaDeerBrain@gmail.com or GetInside@DeerBrain.com.