1. About these Terms
These Terms of Use (the "Terms") govern your access to and use of the website deepagency.digital and its content (the "Website"), operated by Deep Agency, [individual entrepreneur — full name], registration number [РНОКПП], Ukraine ("Deep Agency", "we", "us").
By accessing or using the Website you confirm that you have read and accepted these Terms. If you do not accept them, please do not use the Website.
These Terms are not a services agreement. They govern your use of the Website only. Any project we deliver for you is governed by a separate services agreement — either signed by both parties, or, where we publish a public offer on the Website, concluded on the terms of that offer. Nothing on the Website, and nothing in these Terms, obliges either of us to enter into such an agreement.
Where the documents conflict, the order of precedence is: the project specification → the services agreement or public offer → these Terms.
2. What the Website is
The Website presents Deep Agency's services, portfolio and contact details. It is an informational and promotional resource.
We may change, suspend or discontinue any part of the Website at any time, without notice and without liability.
3. Enquiries are not orders
Submitting the contact form, sending an email or writing to us on Telegram or Instagram is an enquiry, not an order, and does not create a contract between us.
Any prices, budget ranges or service descriptions published on the Website are indicative information and an invitation to make an offer, not a public offer within the meaning of Article 641(2) of the Civil Code of Ukraine. This does not apply to a document expressly designated as a public offer and published at deepagency.digital/offer, if and while such a document is published. Prices for a specific project are agreed individually in a written proposal and fixed in the services agreement.
A binding relationship arises only when the parties agree the terms of a services agreement in writing — by signature, by express written confirmation, or by acceptance of a published public offer — and, where the agreement so provides, when the advance payment has been received.
4. Intellectual property
4.1 Our content
All content on the Website — design, layout, code, text, graphics, animation, photographs, video, the Deep Agency name and logo — is protected by copyright and other intellectual property rights and belongs to Deep Agency or is used with permission.
You may view the Website, and share links to it. You may not, without our prior written consent:
- copy, reproduce or republish the Website or substantial parts of it;
- use our content for commercial purposes, including in your own portfolio, presentations or advertising;
- modify, decompile or reverse-engineer the Website's code;
- use automated tools to scrape, harvest or systematically download content, or to train machine-learning models;
- remove or alter copyright notices, watermarks or attribution.
4.2 Portfolio and client work
Projects shown in our portfolio were produced for clients. Rights in the delivered work belong to the respective clients or to Deep Agency, as set out in each services agreement; they are published here for demonstration purposes only. Client names, logos and trade marks remain the property of their owners and are used to identify the work.
If you are a rights holder and believe material on the Website infringes your rights, write to hello@deepagency.digital with a description of the material, its location on the Website and evidence of your rights. We will review it and, where the complaint is well founded, remove the material.
4.3 What you send us
If you send us materials through the Website — text, images, files, briefs — you confirm that you have the right to do so and that the materials do not infringe anyone's rights. You grant us a limited, non-exclusive right to use those materials solely to evaluate your enquiry and to prepare a proposal. You retain all your rights in them.
Do not send us confidential information through the contact form. If you need confidentiality before we start, ask us for an NDA and we will sign one.
5. Acceptable use
You agree not to:
- use the Website unlawfully or in breach of these Terms;
- attempt to gain unauthorised access to the Website, its servers or connected systems;
- interfere with the Website's operation, including by introducing malware or by overloading it;
- impersonate Deep Agency or a member of our team, or misrepresent your relationship with us;
- use the Website to send spam or unsolicited commercial communications.
We may restrict or terminate your access to the Website if you breach these Terms.
6. Third-party links
The Website may link to third-party websites and services. We do not control them, do not endorse them and are not responsible for their content, availability or privacy practices. Visiting them is at your own risk and subject to their own terms.
7. Disclaimer
The Website is provided "as is" and "as available". To the fullest extent permitted by applicable law, we make no warranties of any kind, express or implied, including as to uninterrupted or error-free operation, accuracy or completeness of content, or freedom from viruses.
Information on the Website is general in nature. It is not professional advice and should not be relied on as the sole basis for a business decision.
8. Limitation of liability
To the fullest extent permitted by applicable law, Deep Agency and its team members are not liable for indirect, incidental, special or consequential damages, or for lost profits within the meaning of Article 22 of the Civil Code of Ukraine, or for loss of revenue, data or goodwill, arising out of your use of or inability to use the Website.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Ukrainian law, including liability for intentional harm.
This section limits liability arising from the Website. Liability under a services agreement is governed by that agreement.
9. Privacy
We process personal data as described in our Privacy Policy, which forms part of these Terms.
10. Changes to these Terms
We may amend these Terms at any time. The current version, with its date and version number, is published on this page. Changes take effect when published. Your continued use of the Website after that constitutes acceptance. Please review this page from time to time.
11. Governing law and disputes
These Terms are governed by the law of Ukraine, without regard to conflict-of-laws rules.
We would rather resolve any dispute by negotiation. Please write to hello@deepagency.digital first; we will reply within 10 working days. If negotiation fails, the dispute is to be resolved by the courts of Ukraine in accordance with Ukrainian procedural law.
If you are a consumer resident in the EU, this clause does not deprive you of the protection of mandatory provisions of the law of your country of residence.
12. General
If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force.
Our failure to enforce any provision is not a waiver of it.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding your use of the Website.
13. Contact
Deep Agency
hello@deepagency.digital
[Registered address], Ukraine