Terms of Use

Deep Market Making – Terms and Conditions of Use 

Who we are

Deep Market Making, Inc. (Deep Market Making or DeepMM)  is the developer and owner of its proprietary software-as-a-service solution, ‘Deep Market Making’, to: (1) facilitate Customer’s use of artificial intelligence to assist with credit trading decision making; and (2) make available user accounts for the Customer (collectively the “Services”). Deep Market Making makes available the Services through its website, located at:

•  https://dev.deepmm.com/#/app_dev/search (the “Web Application Website”).
•  https://deepmarketmaking.com/ (the “Marketing Website”).

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright. trade mark law and other intellectual property laws. 

1a. Changes to these Terms of Use

Except where prohibited by applicable law, we reserve the right to change these Terms of Use by posting a new version at https://deepmarketmaking.com/terms-of-use at any time. Your continued access to or use of the Services after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.

2. Deep Market Making Content

The Website, the Services, and their contents may only be used in accordance with the terms of these Terms and Conditions of Use. All materials displayed or performed on the Website or in the Services, including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Deep Market Making Content,”) are protected by copyright, trademark and other intellectual property laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Deep Market Making Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Deep Market Making Content or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

You may download or copy the Deep Market Making Content (and other items displayed on the Website or Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Deep Market Making Content. You shall not store any significant portion of any Deep Market Making Content in any form. Copying or storing of any Deep Market Making Content other than personal, noncommercial use is expressly prohibited without prior written permission from Deep Market Making or from the copyright holder identified in such Deep Market Making Content’s copyright notice. If you link to the Website, Deep Market Making may revoke your right to so link at any time, at Deep Market Making’s sole discretion.

Any comments or other feedback you provide to Deep Market Making through the site or otherwise is provided by you on a voluntary basis. Deep Market Making will be free to use such comments and feedback as it sees fit and without any obligation to you. 

2a. Suspension of Access; Scheduled Downtime; Modifications
Deep Market Making may, at its discretion:

• suspend Customer’s access to or use of the Services or any component thereof

  • for scheduled maintenance;

  • if Customer violates any material provision of the Agreement; or

  • to address any emergency security concerns; and

  • Modify the Services. 

For greater certainty, Customer is required to accept all patches, bug fixes and updates made by or on behalf of Deep Market Making to the Services. If the Customer does not want to accept any patch, fix or update for security or privacy reason, it may terminate the Agreement without any penalty upon giving prompt notice.

2b. Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

2c. Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

 

3. Fees and Payment

Deep Market Making reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Deep Market Making reserves the right to change its price list and to institute new charges at any time. Customers who have signed up to previous prices will be notified of any price changes prior to being charged, and will not be charged unless new prices are accepted and agreed to by the customer. Any fees paid hereunder are non-refundable.

4. DMCA

Deep Market Making reserves the right to remove any Content from its site that allegedly infringes another person’s copyright. Deep Market Making is registered in the United States Copyright Office in accordance with the Digital Millennium Copyright Act (the “Act”) and is committed to observing the protections of the Act.

Notices to Deep Market Making regarding any alleged copyright infringement should be sent by email to legal@deepmm.com

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

• A description of the copyrighted work that you claim has been infringed;

• Your name, address, telephone number, and email address;

• A description of the location on Deep Market Making’s website where the allegedly infringing content was posted;

• A good faith statement that you believe the use of the content infringes your copyright and is not a fair use;

• A statement certifying that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

• Your electronic or physical signature.

5. Ownership; Reservation of Rights

Customer retains all ownership and intellectual property rights in and to Customer Data. Customer grants to Deep Market Making a nonexclusive, worldwide, royalty-free, irrevocable, fully paid-up right to use, process and transmit Customer Data to provide the Services. Deep Market Making may collect and analyze data and other information relating to the provision, use and performance of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and during and after the term of the Agreement, Deep Market Making may: (i) use such data and information to improve and enhance the Services and for other development, diagnostic and corrective purposes (including developing and training models) in connection with the Services and other Deep Market Making offerings; and (ii) create training data and use and disclose such data solely in aggregated or other de-identified form in connection with its business.

Deep Market Making or its licensors retain all ownership and intellectual property rights in and to: (i) the Services; (ii) anything developed or delivered by or on behalf of Deep Market Making under the Agreement; and (iii) any modifications, improvements, customizations, updates, enhancements, aggregations, compilations, derivative works, translations and adaptations (collectively the “Modifications”) to the foregoing (i) and (ii).

Without limiting the generality of Section 2(b), any reports, graphs and other results made available to the Customer through the Services are solely for customer’s internal use and may not be distributed to any other person other than Customer’s employees without Deep Market Making’s prior written consent.

All rights not expressly granted by a Party to the other Party under the Agreement are reserved.

6. Privacy

Customer understands that any information about an identifiable individual (“Personal Information”) transferred to Deep Market Making’s will be treated in accordance with Deep Market Making’s privacy policy located at: https://Deep Market Making/privacy-policy

7. Disclaimer

The materials on Deep Market Making’s website, including both Deep Market Making Content and IC Content, (collectively the “Content”) are provided “as is” and “as available”. Deep Market Making makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights nor that the site will function without errors or interruptions. Further, Deep Market Making does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Contents or otherwise relating to the Contents or on any sites linked to this site.

8. Limitations

In no event shall Deep Market Making nor its licensors nor suppliers be liable for any damages (including, without limitation, indirect, incidental, special or consequential or punitive damages or for loss of goodwill, data, profit or revenues, or due to business interruption,) arising out of the use of or inability to use the Contents or the Services Content, despite any theory of liability, including without limitation based on warranty, contract or statute even if Deep Market Making or a Deep Market Making authorized representative has been notified orally or in writing of the possibility of such damage. In no event shall Deep Market Making’s aggregate liability hereunder exceed the greater of the amount you paid to use the Content or the Services or CAD$500.00. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

9. Restrictions

You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not subscribe with the intention of downloading all the templates and then cancel the Services. You will not copy the code from Deep Market Making’s templates for resale. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party caused by you or any person within your control resulting therefrom. Under no circumstances will Deep Market Making be liable in any way for any materials generated by you in accessing and using the Services or the Contents, or any loss or damage of any kind incurred in connection with use of or exposure to any such materials posted, emailed, accessed, transmitted, or otherwise made available by you. You, not Deep Market Making, remain solely responsible for all such materials, including messages, that you upload, post, email, transmit, or otherwise disseminate.

10. Indemnity

You hereby agree to indemnify, defend and hold Deep Market Making harmless from and against any and all demands, causes of action, claims, damages, liabilities, costs and expenses, including without limitation attorney’s fees and legal expenses, whether in contract, tort or otherwise, arising out of or related to any materials you create generated by the Services, or your breach of any warranty, obligation or representation set forth herein.

11. Limitation of Liabilities

The Parties acknowledge that the following provisions have been negotiated by them and reflect a fair allocation of risk and form an essential basis of the bargain and will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy:

• AMOUNT. EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS IN SECTION 9(c), CUSTOMER’S LIABILITY FOR UNPAID FEES AND BREACH OF SECTION 7, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER PARTY IN CONNECTION WITH OR UNDER THE AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER FOR THE SERVICES IN THE PRIOR 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THE AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. IN NO EVENT WILL DEEP MARKET MAKING’S THIRD PARTY SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THE AGREEMENT.

• TYPE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL A PARTY BE LIABLE TO THE OTHER PARTY OR ANY PERMITTED USER FOR ANY: (I) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) LOST SAVINGS, PROFIT, DATA, USE, OR GOODWILL; (III) BUSINESS INTERRUPTION; (IV) COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (V) PERSONAL INJURY OR DEATH; OR (VI) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THE AGREEMENT, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES.

• THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES AND CERTAIN DISCLAIMERS. IF THESE LAWS APPLY YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. Revisions and Errata

The Contents could include technical, typographical, or photographic errors. Deep Market Making does not warrant that any of the Contents are accurate, complete, or current. Deep Market Making may make changes to the Contents at any time without notice. Deep Market Making does not, however, make any commitment to update the Contents.

13. Links

Deep Market Making has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Deep Market Making of the site. Use of any such linked web site is at the user’s own risk.

14. Site Terms of Use Modifications

Deep Market Making may revise these Terms and Conditions of Use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

15. No Investment Advice 

The Content is for informational purposes only, you should not construe any such information or other material as legal, tax, investment, financial, or other advice. Nothing contained on our Site constitutes a solicitation, recommendation, endorsement, or offer by Deep Market Making or any third party service provider to buy or sell any securities or other financial instruments in this or in any other jurisdiction in which such solicitation or offer would be unlawful under the securities laws of such jurisdiction.

All Content on this site is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing in the Site constitutes professional and/or financial advice, nor does any information on the Site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Deep Market Making is not a fiduciary by virtue of any person’s use of or access to the Site or Content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content on the Site before making any decisions based on such information or other Content. In exchange for using the Site, you agree not to hold Deep Market Making, its affiliates or any third party service provider liable for any possible claim for damages arising from any decision you make based on information or other Content made available to you through the Site.

16. Investment Risks 

The credit ratings, signals, and rankings provided by Deep Market Making are not intended to be investment advice. These ratings, signals, and rankings are based on Artificial Intelligence (AI) analysis, which calculates probabilities, not certainties. All the information contained on this website is for research and educational purposes and will never be considered a recommendation or advice on investment, nor will it be considered legal, tax, or any other type of advice. Any information related to investment returns refers to the periods specified in it, explicitly warning that any figure related to past results or historical returns is not a reliable indicator of future returns or results. Furthermore, the performance of any illustrative portfolios on this site is based on backtested results. Backtested performance is not an indicator of future results. All financial information contained in this website has been obtained from sources of general use and should be considered as such.

17. General Provisions

• Notices. Notices sent to either Party will be effective when delivered in person or by email, one day after being sent by overnight courier, or five days after being sent by first class mail postage prepaid to the official contact designated by the Party to whom a notice is being given. Notices must be in writing and sent: (i) if to Deep Market Making, the address set out in the Order Form; and (ii) if to the Customer, the address set out in the Order Form. Either Party may change its contact information by providing the other Party written notice of the Party’s new contact information.
• Assignment. Neither Party will assign the Agreement to any third party without the other Party’s prior written consent. Notwithstanding the foregoing, either Party may assign its rights or obligations under the Agreement, in whole or in part, without the other Party’s consent, in connection with a corporate reorganization or the transfer or sale of all or substantially all of the Party’s business or assets to a third party which shall be vetted by the other party in accordance with the regulatory guidelines which govern the other party, whether by merger, sale of stock, sale or donation of assets or otherwise. Any assignment in violation of this Section will be void. The Agreement will inure to the benefit of and be binding upon the Parties, their permitted successors and permitted assignees.
• Choice of Law. The Agreement and any action related thereto will be governed exclusively by and construed in accordance with the substantive laws of the State of New York and the federal laws of the United States applicable therein, without regard to conflicts of law principles. The Parties will initiate any lawsuits in connection with the Agreement in the city of New York. The U.N. Convention on Contracts for the International Sale of Goods will not apply to the Agreement. This choice of jurisdiction does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
• Construction. Except as otherwise provided in the Agreement, the Parties’ rights and remedies under the Agreement are cumulative. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of these Terms of Use are for reference purposes only and have no substantive effect. The terms “consent” or “discretion”, when used in respect of Deep Market Making in the Agreement means the right of Deep Market Making to withhold such consent or exercise such discretion, as applicable, arbitrarily and without any implied obligation to act reasonably or explain its decision to Customer.
• Force Majeure. Neither Party will be liable for delays caused by any event or circumstances beyond Deep Market Making’s reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving Deep Market Making’s employees), Internet service failures or delays, or the unavailability or Modification by third parties of telecommunications or hosting infrastructure or third party websites.
• Severability. Any provision of the Agreement found by a tribunal or court of competent jurisdiction to be illegal or unenforceable will be severed from the Agreement and all other provisions of the Agreement will remain in full force and effect.
• Waiver. A waiver of any provision of the Agreement must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
• Independent Contractors. Deep Market Making’s relationship to Customer is that of an independent contractor, and neither Party is an agent, employee or partner of the other. Neither Party will have, and will not represent to any third party that it has, any authority to act on behalf of the other Party.
• Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter of the Agreement and supersedes all prior or contemporaneous agreements, representations or other communications, whether written or oral.
• Amendments. No amendment, supplement, modification, waiver, or termination of the Agreement and, unless otherwise expressly specified in the Agreement, no consent or approval by any Party, will be binding unless executed in writing by the Party or Parties to be bound thereby.
• English Language.

  It is the express wish of the Parties that the Agreement and all related documents be drawn up in English. C’est la volonté expresse des Parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

18. Governing Law

Any claim relating to Deep Market Making’s website shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts executed in and to be performed entirely within that State, regardless of the laws that might otherwise govern under any applicable conflict of laws principles.

19. General Disclaimer

DEEP MARKET MAKING DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS CAN OR WILL BE CORRECTED; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT, THE SERVICES (OR ANY PART THEREOF), AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY DEEP MARKET MAKING TO CUSTOMER (INCLUDING ALL THIRD PARTY PRODUCTS AND SERVICES) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DEEP MARKET MAKING HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, SECURITY, RELIABILITY, COMPLETENESS, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, DEEP MARKET MAKING EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION (INCLUDING ALL THIRD PARTY INFORMATION) PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICES (OR ANY PART THEREOF) IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY PURPOSE WHATSOEVER.