DeepSeek Open Platform Terms of Service

 

Last Update: May 15, 2024

 

Dear developers, welcome to the DeepSeek Open Platform!

 

The DeepSeek Open Platform is jointly owned and operated by Beijing DeepSeek Artificial Intelligence Co., Ltd., Hangzhou DeepSeek Artificial Intelligence Co., Ltd. and their affiliates (hereinafter referred to as "DeepSeek" or "we"). The "DeepSeek Open Platform Terms of Service" (hereinafter referred to as "these Terms") serves as Specific Terms to the DeepSeek Terms of Use and specifically applies to your use of the application programming interface or other developer tools provided by this platform as an individual developer or on behalf of an enterprise developer (hereinafter referred to as "developer" or "you") for developing applications, services, or tools for internal organizational use or end users.

 

Before using the DeepSeek Open Platform service (hereinafter referred to as "this Service"), please carefully read and understand the "DeepSeek Terms of Use" , these Terms and any other relevant agreements, policies, or guidelines supplementary to this platform, which constitute the terms and conditions you must adhere to when using the DeepSeek Open Platform. We particularly advise you to read (minors under the age of 18 shall read in the presence of a legal guardian) and fully understand all these Terms, especially the bolded terms such as disclaimers, applicable laws, and jurisdiction.

 

Please be aware that by clicking confirmation on the web page, checking a box or using this Service, it indicates that we have reached an agreement on these Terms and other relevant agreements, and you have accepted all the terms and applicable conditions mentioned, agreeing to be bound by these Terms. If you do not agree with any part of these Terms or cannot accurately understand our interpretation of the terms in these Terms, please click disagree or cease using this Service.

 

1.Account

 

1.1 This Service is primarily intended for adults. If you are under 18 years old, please read these Terms with your legal guardian and use this Service only with the consent of your legal guardian. DeepSeek fully understands the importance of protecting minors and will take corresponding protective measures in accordance with legal requirements and industry mainstream practices.

 

1.2 Before using this Service, you shall register an account using your Email or Google account as per the page instructions. You must provide accurate, truthful, legal, and valid information as required and confirm your agreement to these Terms, "DeepSeek Privacy Policy," and other related rules and policies. If the materials or information you submit are inaccurate, untrue, non-standard, or if there is a reason for the company to suspect them as incorrect, false, or illegal, we reserve the right to refuse to provide you with related functions. As a result, you may be unable to use this platform and related services or may face restrictions on certain functions during use. Your account is your credential for logging in and using this Service. The account is non-transferable, non-giftable, and non-inheritable.

 

1.3 You understand and undertake that your registered account must not violate relevant laws and regulations. Your account name, avatar, profile, and other registration information and additional account information must not contain illegal or harmful information. You must not open an account in the name of others (including but not limited to impersonating others in a way that can confuse, such as using others' names, titles, trademarks, avatars, etc.). Malicious registration of accounts, including but not limited to frequent or bulk registration of accounts, and submission of inveracious information is not allowed. During account registration and use, you must comply with relevant laws and regulations and must not engage in any behavior that harms national interests, damages the legitimate rights and interests of other citizens, or is detrimental to social morality. We have the right to review the information you submit.

 

1.4 When you register and use an account, you must commit and guarantee that:

 

1.5 You are responsible for activities that occur under your account, including the activities of end users accessing the service through your applications, services, or tools. You must not provide your account access credential to a third party or resell or lease access rights to your account or any end user account. If you discover any unauthorized account access or use of our Service, please notify us immediately, and we will provide maximum cooperation and assistance. However, we do not assume any responsibility for any losses incurred by users due to account or password leakage.

 

1.6 Under the agreed conditions, you have the option to discontinue the use of our Services, terminate the contract with us, and delete your account. However, even after the user deletes the account, we still have the right to:

(1) Retain certain data of the user as required by laws and regulations.

(2) Exercise the rights stipulated in these Terms for any illegal or violating behavior committed by the user during the use of this Service before deletion.

 

2.Services

 

2.1 We grant you a right to access and use the Services provided by the Open Platform in accordance with these Terms: natural language processing, open platform services, application programming interfaces, and other services provided over the Internet, as well as new service types developed by DeepSeek. During your use of our Services, you can submit prompts, text messages, or other content entered by end users (hereinafter referred to as "Inputs") to the platform. Based on these Inputs, the platform will generate corresponding content as responses, including text, tables, and code, etc. (hereinafter referred to as "Outputs"). DeepSeek reserves the right to increase or decrease the content of services, or limit the quantity/pace of services based on business needs.

 

2.2 You can use this Service in web form through terminals such as computers and mobile phones, with specific details subject to those provided by DeepSeek. Additionally, DeepSeek will continuously enrich the terminals and forms you use for this Service. You understand and agree that DeepSeek reserves the right to add new services or change, suspend, or terminate the above services.

 

2.3 DeepSeek will take necessary measures (not less than industry practices) to ensure the cyber security and stable operation of the Open Platform. We will also make efforts to enhance and improve technology to ensure a better user experience. If you have any questions or feedback about our Services, you can contact us through the method described in Section 12.

 

2.4 We make no warranty that the Services are available or will continue to be available in certain jurisdictions. The functions or features of the Services may also vary in different jurisdictions.

 

3.Requirements and Restrictions

 

3.1 When using our Open Platform services, you shall comply with the requirements of any applicable laws and regulations regarding the requirements imposed on artificial intelligence service providers.Please be aware that when you use our Open Platform services to develop applications, services, or tools to provide services to end users, You will not, and will not permit end users to:

(1) Engage in illegal activities involving network intrusion, such as: using unauthorized data or accessing unauthorized servers/accounts; forging TCP/IP packet names or partial names; attempting to probe, scan, or test vulnerabilities in the software system or network without permission.

(2) Engage in activities that disrupt or damage the normal operation of the network, such as: intentionally generating, spreading malicious programs or viruses; entering public computer networks or other people's computer systems without permission and deleting, modifying, adding stored information, etc.

(3) Engage in activities to steal network data, such as: reverse engineering, reverse assembly, reverse compilation, translation, or attempting to discover the source code, models, algorithms, and system source code or underlying components of the software in any way; capturing, copying any content of this Service, including but not limited to using any robots, spiders, or other automatic setups, setting mirrors.

(4) Provide programs, tools specifically designed for harmful activities such as network intrusion, disruption of network operation and protective measures, stealing network data, or knowingly supporting others engaged in harmful activities related to network security, by providing technical support, advertising, promotion, payment settlement, etc.

(5) Engage in high-risk activities that may cause physical damage, such as military and warfare, development of weapons, explosives or dangerous materials, management or operation of critical infrastructure (such as transportation, energy), creation or distribution of controlled substances or services, etc.

(6) Engage in activities that infringe on individual legal rights and harm individual physical and mental health, such as violating the personal rights, property rights, and personal information rights of others.

(7) Engage in the infringement of intellectual property rights, trade secrets, and other acts that violate business ethics.

(8)Exploit advantages in algorithms, data, platforms, etc., to implement monopolistic and unfair competition practices.

(9) Engage in activities that disrupt social order, such as gambling, pornography, drugs, spreading false information, etc.

(10)Use the Services for fraudulent, misleading or deceptive activities, including but not limited to passing off or representing chatbot-generated answers as human-generated, plagiarism or academic dishonesty, disinformation, scams or phishing.

(11) Developing products and services that compete with this Service using this Service (unless such restriction violates relevant laws and regulations).

(12) Removing or tampering with the AI-generated identifiers or prominent identifiers of deep synthesis content related to this Service without the consent of DeepSeek or without a legitimate and justifiable basis.

(13) Obtaining Outputs in a manner that causes unreasonable load on DeepSeek's computer systems or facilities, or engaging in activities that may lead to such situations.

(14) Copying, transferring, renting, lending, selling, or providing sublicenses or sublicensing the whole or any part of the service without the authorization of DeepSeek.

 

3.2 You will not, and will not permit end users to use the Services to generate, express or promote content or a chatbot that:

(1) is hateful, defamatory, offensive, abusive, tortious or vulgar;

(2) is deliberately designed to provoke or antagonize another or is bullying or trolling another;

(3) may harass, intimidate, threaten, harm, hurt, scare, distress, embarrass or upset another;

(4) is discriminatory such as discriminating another based on race, gender, sexuality, religion, nationality, disability or age;

(5) is pornographic, obscene, or sexually explicit (e.g., sexual chatbots);

(6) facilitates, promotes, incites or glorifies violence or terrorist/extremism content;

(7) exploits, harms, or attempts to exploit or harm or minors or exposes minors to such content;

(8) are designed to specifically appeal to or present a persona of any person under the age of 18;

(9) constitute, encourage or provide instructions for a criminal offence; or

(10) impersonates or is designed to impersonate a celebrity, public figure or a person other than yourself without clearly labelling the content or chatbot as "unofficial" or "parody", unless you have that person's explicit consent.

 

3.3 You shall ensure the legality of the source of end user data collected by applications, services, or tools developed using our Open Platform, ensuring that you have the legal rights to such data. This includes but is not limited to control rights, intellectual property rights, or rights to dispose of and license others to use the relevant data, without infringing on any third party's legal interests, or involving any trade secrets or other data that may have an adverse impact on security or public interests. For terminal user data involving personal data, you shall ensure that the collection and processing of personal data comply with the relevant requirements for personal data protection, meet the principles of legality, legitimacy, and necessity, and promptly respond to the rights requests of end users in accordance with the law.

 

3.4 You shall establish organizational and technical measures, including but not limited to user management, data security, monitoring, warning, and emergency disposal, to ensure the integrity, confidentiality, and availability of your systems, networks, information, and data, preventing risks such as data security, public opinion, or misuse and abuse of products or services.

 

4.Intellectual Property

 

4.1 Except as provided in the following terms, the intellectual property rights and related interests of the content provided by DeepSeek in this Open Platform and related services (including but not limited to software, technology, programs, web pages, text, images, graphics, audio, video, charts, layout design, electronic documents, etc.) belong to DeepSeek. The copyright, patent rights, and other intellectual property rights of the software on which DeepSeek relies to provide Services are owned by DeepSeek, its affiliated entities, or the respective rights holders. Without our permission, no one is allowed to use (including but not limited to monitoring, copying, disseminating, displaying, mirroring, uploading, downloading through any robots, "spiders," or similar programs or devices) the content in this Platform and related services.

 

4.2 You are responsible for all Inputs you submit to our Services. By submitting Inputs to our Services, you represent and warrant that you have all rights, licenses, and permissions that are necessary for us to process the Inputs under our Terms. You also represent and warrant that your submitting Inputs to us will not violate our Terms, or any laws or regulations applicable to those Inputs. As between you and DeepSeek, and to the extent permitted by applicable law, you retain any right, title, and interest that you have in the Prompts you submit.

 

4.3 By using our Platform, you hereby grant us an unconditional, irrevocable, non-exclusive, royalty-free, sublicensable, transferable, perpetual and worldwide licence, to the extent permitted by local law, to reproduce, use, modify your Inputs and Outputs in connection with the provision of the Services.

 

4.4 Without our permission, you or your end users shall not use any trademarks, service marks, trade names, domain names, website names, company logos (LOGOs), URLs, or other prominent brand features related to this Service, including but not limited to "DeepSeek," etc., in any way, either singly or in combination. You are not allowed to display, use, or apply for registration of trademarks, domain names, etc., related to the aforementioned terms in any way, and you shall not perform acts that expressly or implicitly indicate the right to display, use, or otherwise deal with these identifiers to others.

 

5.Privacy

 

5.1 We will collect and process the personal data you provide as the data subject in accordance with the DeepSeek Privacy Policy.

 

5.2 When developing applications using our developer Services to provide services to the public, you shall, in accordance with the requirements of any applicable laws and regulations, inform and disclose to end users your personal data processing rules before providing services. You shall obtain the consent of end users or have other legal basis for the collection, processing of personal information, and delegation of personal information processing to us.

 

5.3 Regarding the rights requests from end users related to personal data, such as access, copy, transfer, rectification, erasure, and retention, you shall promptly respond in accordance with legal requirements. If cooperation with DeepSeek is required, you can contact us through the contact information listed in section 12, and we will provide technical support as necessary within the required scope.

 

5.4 In order to fulfill the requirements stipulated by laws and regulations or provide the Services specified in these Terms, and under the premise of secure encryption technology processing, strict de-identification rendering, and irreversibility to identify specific individuals, we may, to a minimal extent, use Inputs and Outputs to provide, maintain, operate, develop or improve the Services or the underlying technologies supporting the Services. Please be aware that unless we obtain your separate consent, we will not use the aforementioned data and content for any purposes unrelated to this Service.

 

6.Fee and Payment

 

6.1 When you use our paid services, you may need to prepay for Services. Your balance will be consumed if you use our paid services, and we reserve the right to suspend services if your balance are insufficient. We are not responsible for any impacts or losses resulting from your failure to recharge on time. DeepSeek may adjust the fees according to the business situation. The specific charge, billing, consumption methods, and free quota are subject to the information on our product pages and the latform website. Fees are exclusive of taxes, which we will charge as required by applicable law in connection with this Service.

 

6.2 During our internal testing or other activities, we may provide you with a certain amount of free quota. You may request more free quota by contacting us.

 

6.3 When recharging, please carefully confirm your order, account and information. You shall bear full responsibility for any losses incurred due to improper handling, inadequate comprehension, or insufficient understanding of the charge and billing procedures. Additionally, it is advisable to make purchases based on the actual dosage required. Except as expressly provided in these Terms or where required by applicable law, all payments are non-refundable.

 

6.4 You promise and guarantee the legality of the funds used to charge. Otherwise, DeepSeek has the right to cooperate with judicial or other government authorities' requirements to take corresponding measures on your account, including but not limited to locking, sealing, or restricting its use.

 

7.Exclusion of Warranties

 

7.1 NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.

 

7.2 THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION TO YOU WITH RESPECT TO THEM, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU:

(1) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;

(2) THAT YOUR USE OF THE SERVICES OR ANY PART THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;

(3) THAT ANY OUTPUT OR OTHER INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE, UP-TO-DATE, RELIABLE, NON-INFRINGING OR SECURE;

(4) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED;OR

(5) WITH RESPECT TO THIRD PARTY OFFERINGS.

 

7.3 WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM OR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.

 

 

8.Indemnification

 

You agree to indemnify, defend, and hold us and our affiliates and licensors (if any) harmless against any liabilities, damages, and costs (including reasonable attorneys'fees) payable to a third party arising out of a breach by you or any user of your account of these Terms, your violation of all applicable laws and regulations or third party rights, your fraud or other illegal acts, or your intentional misconduct or gross negligence, to the extent permiteed by the applicable law.

 

9. Limitation of Liability

 

9.1 When the content provided by this Service includes content from plugins, third-party websites, etc., DeekSeek shall not responsible for the effectiveness of this content and do not guarantee the authenticity, legality, or security of any content, products, services, or other materials obtained through these means. You or your end users shall carefully evaluate the legality, accuracy, authenticity, applicability, completeness, and security of this content and take prudent preventive measures. If you or your end users are unsure about the legality, accuracy, authenticity, practicality, completeness, and security of this content, it is advisable to consult with professionals. To the extent permitted by law, DeepSeek is not liable for any personal or property losses incurred by you or your end users as a result of using any third-party information or links, including but not limited to losses related to downloading computer viruses, defamation of reputation or goodwill, or infringement of rights such as copyright or intellectual property.

 

9.2 In response to your violation of these Terms or other service terms, DeepSeek reserves the right to independently judge and take measures against you, including issuing warnings, setting deadlines for correction, restricting account functions, suspending usage, closing accounts, prohibiting re-registration, deleting relevant content, etc., without the need for prior notification. We have the right to announce the results of the actions taken and, based on the actual circumstances, decide whether to restore usage. For behaviors suspected of violating laws and regulations or involving illegal activities, relevant records will be retained, and reports will be made to the competent authorities in accordance with the law, cooperating with their investigations. You shall be solely responsible for any legal liabilities, claims, demands, or losses asserted by third parties resulting therefrom, and you shall compensate us for any losses incurred, including litigation fees, arbitration fees, attorney fees, notary fees, announcement fees, appraisal fees, travel expenses, investigation and evidence collection fees, compensation, liquidated damages, settlement costs, and administrative fines incurred in protecting our rights.

 

9.3 Unless otherwise agreed, neither party shall bear incidental, consequential, punitive, special, or indirect losses or damages, including but not limited to the loss of profits or goodwill, regardless of how such losses or damages arise or the liability theory they are based on, and irrespective of any litigation brought under breach, tort, compensation, or any other legal grounds, even if informed of the possibility of such losses. Given the exploratory, experimental, and uncertain nature of AI applications, both Parties understand and agree that the total amount of liquidated damages, compensation, and other expenses paid by DeepSeek under these Terms shall not exceed 10% of the actual contracted amount charged by us for model Services provided under the Terms placed by you with DeepSeek.

 

10.Export Control and Sanctions

 

You understand that your use of Services, providing Inputs to and obtaining Outputs via Services, might be subject to all applicable laws and regulations of export controls and sanctions laws (collectively"Export Control and Sanctions Laws") . You recognize that you are solely responsible for complying with all applicable Export Control and Sanctions Laws related to the access and use of the Services of you and your end user. You represent and warrant that Services may not be used in or for the benefit of, or exported, re-exported, or transferred (a) to or within any country subject to comprehensive sanctions under Export Control and Sanctions Laws; (b) to any party on any restricted party lists under any applicable Export Control and Sanctions Laws that would prohibit your use of Services. Our Services shall not be used for any end use prohibited by applicable Export Control and Sanctions Laws, and your and your end user's Inputs shall not include material or information that requires a license for release or export.

 

11.Governing Law and Jurisdiction

 

11.1 The establishment, execution, interpretation, and resolution of disputes under these Terms shall be governed by the laws of the People's Republic of China in the mainland.

 

11.2 In the event of a dispute arising from the signing, performance, or interpretation of these Terms, the Parties shall make efforts to resolve it amicably through negotiation. If negotiation fails, either Party has the right to file a lawsuit with a court having jurisdiction over the location of the registered office of Hangzhou DeepSeek Artificial Intelligence Co., Ltd.

 

12.Miscellaneous

 

12.1 Your acceptance of these Terms includes acceptance of any modifications DeepSeek makes to any term at any time. We have the right to modify these Terms at any time, and the updated Terms will be announced through appropriate channels such as the official website. Once announced, it replaces the original terms. Please refer to the latest version of these Terms on the official website. If you do not accept the modified terms, please stop using the Service immediately. Your continued usage of the Service will be considered as your acceptance of the modified terms.

 

12.2 If you notice any violation of laws and regulations or breach of these Terms or you have any opinions or suggestions regarding these Terms or the Service, you can contact us through the following methods or directly contact our sales staff:

Online Complaints and Feedback Portal: Click the Contact us button on the product interface after logging in.

Contact Email: api-service@deepseek.com

Contact Address: 5th Floor, North Building, Block C, Rongke Information Center, No.2 South Science Academy Road, Haidian District, Beijing, China.