1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and DELIBERIZE LLC ("DELIBERIZE," "we," "us," or "our"), governing your access to and use of the Deliberize Comply™ website scanning and litigation intelligence platform ("Comply™" or the "Service").
By creating an account, accessing, or using Comply™, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
2. Description of Service
Deliberize Comply™ is a website scanning and litigation intelligence tool that analyzes publicly accessible websites for potential privacy, accessibility, and consumer protection violations. The Service generates detection reports, legal memos, complaint outlines, demand letters, standing analyses, damages estimates, and case law citations (collectively, "DELIBERIZE Content").
3. License Types
3.1 Free License
A Free License permits you to create an account, access the Comply™ dashboard, and view demo scans and sample reports. Free License users may not initiate new scans or generate reports on custom domains.
3.2 Paid License
A Paid License permits you to run scans against website domains, generate detection reports and legal analysis packages, and download reports in PDF format. Paid License features are available upon completion of an Online Purchase as described in Section 5.
4. User Accounts
To access the Service, you must create an account by providing your name, email address, and organization. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at legal@deliberize.com of any unauthorized use of your account.
You represent that all information you provide during registration and use of the Service is accurate, current, and complete.
5. Online Purchases and Payment
5.1 Base Fee Per Scan
A single scan constitutes the automated analysis of one website domain across all supported statute types. Each scan includes the generation of a complete litigation intelligence package: detection report, legal memo, complaint outline, demand letter, standing analysis, damages estimate, and case law citations.
5.2 Payment
All fees are charged at the time of purchase. Payment is final and non-refundable unless otherwise determined by DELIBERIZE in its sole discretion. We reserve the right to modify pricing at any time; changes will not affect previously completed purchases.
6. Projects
Within Comply™, a "Project" refers to a scanned website domain and its associated reports, detection data, legal analyses, and supporting materials. Projects are tied to your account and are accessible only by you and authorized members of your organization, if applicable.
7. User Content
"User Content" means any scan configurations, notes, flags, annotations, or other materials that you create, upload, or submit through the Service. You retain ownership of your User Content.
By submitting User Content to the Service, you grant DELIBERIZE a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, and display your User Content solely for the purpose of providing, maintaining, and improving the Service. This license terminates when you delete your User Content or your account, except where your User Content has been shared with others and they have not deleted it.
8. DELIBERIZE Content and Intellectual Property
8.1 Ownership
DELIBERIZE owns all rights, title, and interest in and to the Service, including all website content, features, functionality, software, algorithms, detection methodologies, report templates, legal analysis frameworks, user interface designs, and underlying technology. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws.
8.2 DELIBERIZE Content
"DELIBERIZE Content" means all output generated by the Service, including but not limited to detection reports, legal memos, complaint outlines, demand letters, damages estimates, standing analyses, and case law citations. You are granted a limited, non-exclusive, non-transferable license to use DELIBERIZE Content for your internal professional purposes, including litigation preparation and legal research.
You may not resell, redistribute, sublicense, or publicly publish DELIBERIZE Content without prior written consent from DELIBERIZE.
9. Scan Data and Publicly Accessible Websites
By using the Service, you acknowledge and agree that:
- Comply™ scans only publicly accessible portions of websites. It does not bypass authentication, access restricted areas, or engage in unauthorized access of any kind.
- Scan results reflect the state of a website at the time of scanning. Websites may change their behavior at any time, and prior scan results may not reflect the current state of a website.
- Detection reports identify the presence or absence of specific technical elements (e.g., tracking pixels, session replay scripts, consent mechanisms, accessibility attributes). These detections are observational and based on automated technical analysis.
- DELIBERIZE does not guarantee the accuracy, completeness, or legal significance of any scan results. Detection of a technical element does not necessarily constitute a legal violation.
- Comply™ does not guarantee legal outcomes. The presence of detected elements, even those associated with statutory violations, does not guarantee that litigation will be successful, that a court will find a violation, or that damages will be awarded.
10. No Legal Advice
You are solely responsible for independently verifying all information, legal theories, case citations, and analyses provided by the Service before relying upon them in any legal proceeding or professional context. DELIBERIZE is not a law firm and does not provide legal representation.
11. Content Use Restrictions
You agree not to use the Service or any DELIBERIZE Content to:
- Engage in any activity that violates applicable law or regulation.
- Harass, intimidate, or threaten any individual or entity.
- Misrepresent scan results, fabricate or alter detection data, or present DELIBERIZE Content as if it were independently created legal analysis.
- Use the Service for any purpose other than legitimate legal research, litigation preparation, or compliance assessment.
12. Prohibited Uses
You agree not to:
- Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or detection methodologies of the Service.
- Use automated tools, bots, scrapers, or data mining techniques to extract data from the Service (other than through the Service's intended functionality).
- Introduce any viruses, Trojan horses, worms, time bombs, or other malicious or harmful code into the Service.
- Attempt to gain unauthorized access to the Service, other user accounts, or any systems or networks connected to the Service.
- Use the Service to conduct scans on behalf of a third party without proper authorization.
- Circumvent, disable, or interfere with any security features or access controls of the Service.
- Use the Service in a manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.
13. Disclaimer of Warranties
THE SERVICE AND ALL DELIBERIZE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
DELIBERIZE DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) SCAN RESULTS WILL BE ACCURATE OR COMPLETE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (E) ANY LEGAL THEORIES, CASE CITATIONS, OR ANALYSES IN DELIBERIZE CONTENT ARE CURRENT, CORRECT, OR APPLICABLE TO YOUR JURISDICTION OR CIRCUMSTANCES.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DELIBERIZE, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:
- YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
- ANY DELIBERIZE CONTENT OBTAINED FROM THE SERVICE;
- ANY RELIANCE ON SCAN RESULTS, LEGAL MEMOS, COMPLAINT OUTLINES, DEMAND LETTERS, DAMAGES ESTIMATES, OR ANY OTHER DELIBERIZE CONTENT IN CONNECTION WITH ANY LEGAL PROCEEDING;
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL DELIBERIZE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO DELIBERIZE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
15. Indemnification
You agree to defend, indemnify, and hold harmless DELIBERIZE, its officers, directors, members, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service;
- Your violation of these Terms;
- Your violation of any third-party right, including any intellectual property, privacy, or proprietary right;
- Any claim that your User Content caused damage to a third party;
- Any legal proceeding you initiate or participate in based on or informed by DELIBERIZE Content.
16. Choice of Law
These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
17. Arbitration and Dispute Resolution
17.1 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this arbitration provision.
17.2 Class Action Waiver
YOU AND DELIBERIZE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.
17.3 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
18. Changes to Terms
DELIBERIZE reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.
18.1 Opt-Out Right
If we make material changes to the arbitration provision or class action waiver, you may opt out of the revised terms within 30 days of the change by sending written notice to legal@deliberize.com with the subject line "Terms Opt-Out." Your opt-out will apply only to the specific changes identified in your notice; all other provisions of these Terms will remain in effect.
19. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. Sections that by their nature should survive termination shall survive, including but not limited to Sections 8, 9, 10, 13, 14, 15, 16, and 17.
20. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
21. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and DELIBERIZE regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
22. Contact Information
If you have any questions about these Terms, please contact us:
DELIBERIZE LLC
Email: legal@deliberize.com
Registered Agent:
NORTHWEST REGISTERED AGENT LLC
418 BROADWAY, STE N
ALBANY, NY 12207