Terms of use
These terms of use ("terms") are a binding legal agreement between you and Deep Third Labs LLC ("Deep Third", "we", "us") governing your access to and use of our website at deepthird.com, our applications, and our related products and services (collectively, the "service"). By accessing or using the service, or by clicking to accept these terms, you agree to be bound by these terms. If you do not agree to these terms, do not access or use the service. Our privacy policy explains how we handle personal information.
1. The service
1.1 Deep Third provides a sports technology platform that processes audiovisual recordings of cricket sessions to produce automated performance analysis and media derivative works, and enables users to access and share those results.
1.2 The service and its features may be modified, updated or discontinued at any time, and recordings, derivative works or outputs may be lost or unavailable. You are responsible for keeping your own backup copy of every recording you upload.
1.3 We have not set a fixed storage period for keeping recordings, derivative works and outputs in the service. Until we do, we will give you at least 30 days' notice before a fixed storage period takes effect.
2. Eligibility and accounts
2.1 To use the service, you must be at least 18 years old, have the legal capacity to enter into a binding contract, reside in the United States, and maintain a valid account using a supported sign-in method. We reserve the right to determine who may access or use the service.
2.2 You may maintain only one account. You must keep your sign-in credentials secure, and you are responsible for all activity under your account. Tell us at once at admin@deepthird.com if you suspect unauthorised access to your account.
3. Your uploads and representations
By uploading a recording to the service, you represent, warrant and agree that:
3.1 You filmed the recording yourself, or you have all necessary rights, licences and permissions to upload it and grant the licences in these terms from whoever filmed it and from any league, club or rights-holder whose stream or footage it is.
3.2 The players and participants in the session knew that the session was being filmed for analysis.
3.3 If anyone under 18 appears in the recording, a parent or legal guardian of each minor has consented to the recording being uploaded to Deep Third and used as described in these terms, including to develop and improve our models and technology (section 4.3), and you will provide proof of that consent on our request.
3.4 The session was not played in Illinois, Texas, Washington, Colorado or Connecticut.
3.5 The recording is a recording of cricket and is not unlawful, defamatory, obscene or an infringement or violation of any person's copyright, privacy, publicity or other rights.
3.6 You are solely responsible for everything you upload. If we believe an upload breaches this section or these terms, we may remove or disable access to it at our discretion.
4. Intellectual property and licences
4.1 Your ownership. As between you and Deep Third, you retain ownership of the recordings you upload and your existing rights in them.
4.2 Licence to provide the service. You grant Deep Third a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (to our hosting, cloud and other service providers) licence to host, store, cache, reproduce, copy, prepare derivative works from, adapt, modify, distribute, transmit, publicly perform and publicly display your recordings and any derivative works made from them, for the purpose of operating, providing, maintaining and securing the service and making them available to you and to those with whom you choose to share them.
4.3 Licence to develop and improve our models and technology. You also grant Deep Third a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable and sublicensable (to our service providers) licence to host, store, reproduce, copy, prepare derivative works from, adapt, modify, distribute, perform, display and otherwise use your recordings and any derivative works or data derived from them to research, develop, train, test, evaluate and improve Deep Third's models, algorithms, software and services. This licence survives any removal of a recording from the service, the closure or termination of your account, and any discontinuation of the service.
4.4 Our intellectual property. Deep Third owns all right, title and interest in and to the service, our software, algorithms, models, model weights, interfaces, and all analytical data and outputs we generate. These terms do not grant you any right in our intellectual property except the limited right to use the service in accordance with these terms, and no compensation is owed to you for our use of recordings, derivative works or derived data under these terms.
4.5 What we never do with your recordings: use facial recognition, identify who a person is, or train any model to do either; sell your recordings, or transfer them to another company to train its own models; train large language models on them; or publish them publicly, except as you separately authorise under section 5.
4.6 When we copy a recording into our training data, we label it with a random identifier and keep the link to your account separately.
4.7 Feedback. If you submit feedback, suggestions, corrections or other input regarding the service or its outputs, you grant Deep Third a worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable licence to use, reproduce, copy, prepare derivative works from, modify, distribute and incorporate that input for any purpose without compensation to you.
5. Optional social media licence
5.1 We may offer an optional permission allowing us to publish your recordings and derivative works made from them on social media and promotional channels. Granting this permission is not a condition of using the service.
5.2 If you grant this permission for a recording, you grant Deep Third a worldwide, non-exclusive, royalty-free, sublicensable licence to reproduce, copy, prepare derivative works from, adapt, modify, distribute, transmit, publicly perform and publicly display that recording and derivative works made from it in which you appear, on Deep Third's social media accounts and promotional channels, and to use your name, image, likeness and social media handle in connection with those publications. We decide whether and what to publish.
5.3 Before we publish any recording or derivative work that primarily features another individual, we obtain that person's permission.
5.4 You may revoke this permission for a publication at any time by emailing admin@deepthird.com, and we will remove it from our channels within 30 days.
5.5 If you grant this permission, you release Deep Third from claims arising out of our exercise of the rights in section 5.2, including claims relating to how you appear or perform in a publication or how third parties respond to it, except a claim that we deliberately misrepresented you.
6. Disclaimers
6.1 To the extent the law allows, the service is provided "as is" and "as available", without warranties of any kind. Deep Third disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty arising from a course of dealing or usage of trade. We do not warrant that the service will be uninterrupted, secure or error-free, or that its outputs will be accurate, complete or reliable.
6.2 Automated estimates. All analysis, metrics, classifications and other outputs provided through the service are automated statistical estimates generated by software and may be inaccurate or incomplete. Do not rely on them for officiating, umpiring, team selection, contracts, scholarships, sponsorship, wagering or medical decisions. Any decision that you, or anyone with whom you share outputs, make using them is solely that person's responsibility.
6.3 Third-party reactions. If you share recordings, derivative works or outputs, or authorise us to publish them under section 5, third parties may view and comment on them. We are not responsible for what third parties say about you or do with what they view.
7. Limitation of liability
7.1 To the extent the law allows, Deep Third, its owners, employees and service providers are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of money, profits, revenue, earnings, business or opportunities (including selection, contracts, scholarships and sponsorship), loss of data, goodwill or reputation, or embarrassment or distress, arising from or related to the service, its outputs, publications made with your permission under section 5, or these terms. This applies whatever the legal theory, including contract and tort (including negligence), and even if we were told that such a loss was possible.
7.2 To the extent the law allows, Deep Third's total liability to you for all claims arising from or related to the service or these terms is limited to US$100.
7.3 These limits are part of the basis on which we offer the service. They apply even if a remedy fails of its essential purpose.
7.4 Nothing in these terms limits or excludes liability for fraud, gross negligence or wilful misconduct, for death or personal injury caused by negligence, or for any other liability that the law does not allow to be limited. Some states do not allow the exclusion of certain warranties or the limitation of certain damages; there, sections 6 and 7 apply only as far as that state's law allows.
8. Indemnification
To the extent the law allows, you agree to defend, indemnify and hold harmless Deep Third, its owners, employees and service providers from and against any claims, liabilities, damages, losses and reasonable expenses (including legal fees) arising out of or related to your upload of a recording in breach of section 3, your breach of these terms, or your sharing or distribution of recordings, derivative works or outputs. We will notify you promptly of any such claim and allow you to participate in the defence.
9. Suspension and termination
9.1 You may stop using the service at any time.
9.2 We may suspend or terminate your access to the service, or discontinue the service, at any time with or without cause. We will notify you by email before discontinuing the service, unless we are unable to do so.
9.3 Sections 3, 4.1, 4.3 to 4.7, 5.5, and 6 to 11 survive any termination of your access or discontinuation of the service.
10. Changes to these terms
We may update these terms from time to time. We will notify you by email or through the service before material changes take effect. We will not use recordings you uploaded before a change in any way wider than the terms in effect when you uploaded them allow without asking for your consent.
11. Governing law and disputes
This section requires individual arbitration and waives class actions. You can opt out within 7 days (section 11.7).
11.1 Talk to us first. Before starting any claim, send a written description of the dispute and the relief you want to admin@deepthird.com. We will do the same for you. Both of us will try in good faith to resolve it for 60 days. Limitation periods are paused during those 60 days.
11.2 Arbitration. If the dispute is not resolved, it will be decided by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this section. The arbitrator decides all questions, including whether a dispute must be arbitrated, except that a court decides questions about sections 11.4 and 11.5. Arbitration can take place online or in the county where you live. We pay all filing, administration and arbitrator fees above US$250 for claims you bring, unless the arbitrator finds your claim frivolous.
11.3 Exceptions. Either of us may bring an individual claim in small claims court, and either of us may ask a court for an order to stop the infringement or misuse of intellectual property.
11.4 No class actions. Claims may be brought only individually, not as a plaintiff or class member in a class, collective or representative proceeding. The arbitrator may award relief only to you individually. If this section is found unenforceable for a claim, that claim goes to court and not to arbitration.
11.5 Many similar claims. If 25 or more similar demands are filed against Deep Third by the same or coordinated lawyers, the American Arbitration Association's Mass Arbitration Supplementary Rules apply, and the demands are handled in batches of 50, with one arbitrator per batch. Limitation periods are paused for demands waiting for a batch.
11.6 Governing law. The laws of the State of California govern these terms, without regard to conflict-of-law rules, except where the law of the state you live in requires otherwise.
11.7 Opting out. You can opt out of arbitration by emailing admin@deepthird.com within 7 days after you first accept these terms, with your name, the email address of your account and a statement that you opt out. Opting out does not affect the rest of these terms. If you opt out, disputes go to the state or federal courts in California.
11.8 General terms. These terms constitute the entire agreement between you and Deep Third regarding the service. If any provision of these terms is held invalid or unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign these terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.
12. Contact
Deep Third Labs LLC, California, United States. admin@deepthird.com