Chapter 1 — General Provisions

Section 1. Acceptance and Scope

1. These DELIGHT Platform Terms of Service (the “Terms”) govern access to and use of the DELIGHT Platform and all related products, applications, websites, software, artificial intelligence services, APIs, and other services provided by DELIGHT Global Inc., a Delaware corporation (“DELIGHT,” “we,” “us,” or “our”).

2. These Terms constitute a legally binding agreement between DELIGHT and the person or entity accessing or using the Services (“Customer,” “you,” or “your”).

3. By creating an Account, accepting an invitation to an Organization, clicking a button or checkbox indicating acceptance, executing an Order Form, accessing the Services, or otherwise using the Services, you agree to be bound by these Terms.

4. If you access or use the Services on behalf of a company, organization, governmental body, or other legal entity, you represent and warrant that:
   (a) you have the authority to bind that entity to these Terms; and
   (b) the terms “Customer,” “you,” and “your” refer to that entity.

5. If you do not have such authority, or if you do not agree to these Terms, you must not access or use the Services.

6. These Terms apply to all Customers, Authorized Users, Organization Administrators, guests, developers, Marketplace publishers, and other persons accessing or using the Services, except to the extent a separate written agreement expressly provides otherwise.

7. Additional terms, policies, product-specific conditions, Order Forms, service descriptions, pricing pages, documentation, guidelines, and acceptable use requirements made available by DELIGHT may apply to particular features or Services and are incorporated into these Terms by reference.

Section 2. Definitions

For purposes of these Terms, the following definitions apply:

1. “Account” means an account created or issued for access to the Services.

2. “AI Agent” means any software-based agent, assistant, automation, workflow, bot, or other functionality that uses artificial intelligence, machine learning, natural language processing, speech recognition, speech synthesis, image recognition, generative technology, or related technology to perform tasks or generate Output.

3. “AI Credits” means credits, time balances, prepaid balances, seconds, minutes, points, usage units, or other units designated by DELIGHT for use of paid features.

4. “API” means any application programming interface, webhook, software development kit, developer tool, or related interface provided by DELIGHT.

5. “Authorized User” means an employee, officer, contractor, consultant, representative, guest, or other individual whom Customer authorizes to access or use the Services through Customer’s Organization.

6. “Beta Service” means any feature, service, model, product, or functionality identified as alpha, beta, preview, pilot, experimental, early access, evaluation, or a similar designation.

7. “Confidential Information” means non-public information disclosed by one party to the other that is identified as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

8. “Customer Data” means all data, files, records, content, communications, instructions, prompts, CRM information, contact information, documents, audio, images, video, metadata, settings, configurations, and other information submitted to, stored in, transmitted through, or generated within the Services by or on behalf of Customer or its Authorized Users.

9. “Documentation” means the technical, product, help, policy, usage, and operational documentation made available by DELIGHT relating to the Services.

10. “External Service” means a third-party product, application, AI model, API, telecommunications provider, payment provider, cloud platform, identity provider, social media service, storage provider, or other third-party service used by, integrated with, or accessible through the Services.

11. “Free Plan” means any plan, feature, or service that DELIGHT makes available without a recurring subscription charge, subject to applicable limitations.

12. “Input” means prompts, instructions, questions, Customer Data, files, audio, images, video, CRM information, Knowledge, metadata, or other information provided to an AI Agent or other part of the Services.

13. “Knowledge” means data, documents, records, websites, files, databases, FAQs, instructions, or other information used to configure, support, or inform an AI Agent or other Service.

14. “Marketplace” means a feature through which DELIGHT or third parties may publish, offer, license, sell, distribute, or make available AI Agents, templates, prompts, workflows, connectors, applications, extensions, or other content.

15. “Marketplace Content” means any AI Agent, application, template, prompt, workflow, connector, extension, or other content made available through the Marketplace.

16. “Order Form” means an ordering document, subscription order, proposal, quotation, statement of work, online checkout, purchase confirmation, or similar document accepted by DELIGHT and Customer that identifies Services, fees, subscription terms, or other commercial terms.

17. “Organization” or “Tenant” means a logical workspace, account environment, business environment, project environment, or other organizational unit created within the Services.

18. “Organization Administrator” means an Authorized User granted administrative permissions for an Organization.

19. “Output” means text, responses, summaries, code, images, audio, video, translations, analyses, classifications, predictions, recommendations, documents, or other results generated by an AI Agent or other part of the Services.

20. “Paid Service” means any Service, feature, usage, plan, or functionality for which Customer is required to pay fees.

21. “Pricing Page” means the pricing information, rate card, usage rules, or billing information published by DELIGHT or otherwise provided to Customer.

22. “Services” means the DELIGHT Platform and all related products, websites, applications, software, AI Agents, APIs, storage, communications, workflows, Marketplace functionality, and other services provided by DELIGHT.

23. “Storage” means functionality used to store Customer Data, files, CRM records, tasks, Knowledge, logs, settings, or other information within the Services.

24. “System Administrator” means a person authorized by DELIGHT to administer, maintain, secure, support, or operate the Services at the platform level.

25. “Usage Data” means technical, operational, diagnostic, statistical, billing, and performance information relating to the use and operation of the Services, excluding Customer Data in identifiable form except as necessary to provide, secure, or support the Services.

Section 3. Description of the Services

1. DELIGHT provides a cloud-based artificial intelligence and business operations platform designed to support information management, customer communications, workflow automation, collaboration, data management, and other business activities.

2. The Services may include, without limitation:
   (a) AI Agents and AI assistants;
   (b) customer relationship management and contact management;
   (c) task, project, and workflow management;
   (d) booking, scheduling, and calendar functionality;
   (e) file storage, file sharing, and Knowledge management;
   (f) AI search, summarization, analysis, translation, and content generation;
   (g) voice, telephone, chat, email, SMS, and other communications functionality;
   (h) forms, websites, landing pages, public pages, and publishing tools;
   (i) community, network, and collaboration features;
   (j) domain, access, subscription, migration, and administration functionality;
   (k) integrations with External Services;
   (l) APIs, webhooks, extensions, and developer tools;
   (m) Marketplace functionality; and
   (n) any other services or features made available by DELIGHT.

3. DELIGHT may make different features, usage limits, languages, regions, models, processing capacity, integrations, service levels, storage capacity, or support options available to different Customers, Organizations, plans, or geographic locations.

4. The availability of a feature in the user interface does not mean that the feature is included in Customer’s plan. Certain features may require a separate subscription, additional fees, third-party account, approval, configuration, or Order Form.

5. The Services are intended to assist Customer’s operations. They are not intended to guarantee any particular business result, revenue, outcome, legal compliance, completion of work, or uninterrupted operation.

6. DELIGHT may modify the name, design, configuration, specifications, functionality, models, providers, workflows, or operating methods of the Services as provided in these Terms.

Section 4. Eligibility

1. You may use the Services only if you:
   (a) are legally capable of entering into a binding agreement;
   (b) are not prohibited from using the Services under applicable law;
   (c) comply with these Terms and all applicable laws; and
   (d) provide accurate and complete registration information.

2. If you are under the age of legal majority in your jurisdiction, you may use the Services only with the consent and supervision of a parent or legal guardian and only where permitted by applicable law.

3. Certain Services may be restricted to businesses, legal entities, professionals, or persons using the Services for commercial purposes.

4. If you use the Services for or through an employer, client, business, governmental body, or other organization, you are responsible for obtaining all required internal approvals and complying with that organization’s policies.

5. You may not access or use the Services if:
   (a) your Account was previously suspended or terminated for violation of an agreement with DELIGHT;
   (b) you owe past-due amounts to DELIGHT;
   (c) you are a person or entity with whom DELIGHT is prohibited from doing business;
   (d) your use would violate applicable export control, sanctions, or other laws; or
   (e) DELIGHT reasonably determines that your access or use presents a legal, security, operational, or reputational risk.

Section 5. Registration and Contract Formation

1. To use some or all of the Services, you may be required to register an Account, join an Organization, accept an invitation, execute an Order Form, or complete another onboarding process.

2. You must provide accurate, current, and complete registration and billing information.

3. A binding agreement between DELIGHT and Customer is formed on the earliest of:
   (a) the date Customer accepts these Terms electronically;
   (b) the date DELIGHT creates or activates Customer’s Account or Organization;
   (c) the date Customer begins accessing or using the Services;
   (d) the date an Order Form becomes effective; or
   (e) the date DELIGHT begins providing Services at Customer’s request.

4. DELIGHT may require identity verification, business verification, domain verification, authorization documents, billing verification, payment information, or other information before permitting access to some or all of the Services.

5. DELIGHT may condition access to specific Services on completion of verification, payment, technical setup, security review, regulatory review, or approval by an External Service provider.

6. Use of a Free Plan also creates a binding agreement governed by these Terms.

7. Customer becomes responsible for applicable fees when Customer purchases, activates, authorizes, executes, schedules, or begins using a Paid Service.

Section 6. Registration Rejection and Verification

1. DELIGHT may reject, restrict, suspend, or cancel a registration or application if DELIGHT reasonably determines that:
   (a) information provided is false, inaccurate, incomplete, misleading, or outdated;
   (b) the applicant is not the person or entity represented;
   (c) the applicant lacks authority to act for the identified entity;
   (d) the Services may be used for an unlawful, fraudulent, abusive, or unauthorized purpose;
   (e) the applicant previously violated an agreement with DELIGHT;
   (f) the applicant has outstanding payment obligations;
   (g) the applicant does not satisfy eligibility requirements;
   (h) access would create a security, operational, legal, compliance, financial, or reputational risk;
   (i) the application is made primarily for competitive analysis, benchmarking, reverse engineering, scraping, model training, or another purpose inconsistent with ordinary use; or
   (j) DELIGHT otherwise reasonably determines that registration is inappropriate.

2. DELIGHT may request documentation or information to verify identity, authority, business status, ownership, domain control, payment details, or intended use.

3. DELIGHT is not required to disclose its reasons for rejecting or cancelling a registration, except where required by applicable law.

4. To the maximum extent permitted by law, DELIGHT will not be liable for losses arising from a reasonable decision to reject, restrict, suspend, or cancel registration.

Section 7. Organizations and Authorized Users

1. Customer may create an Organization or join an existing Organization in accordance with the functionality made available by DELIGHT.

2. Customer is responsible for all activity occurring within its Organization and for the acts and omissions of its Authorized Users as if they were Customer’s own acts and omissions.

3. An Organization Administrator may, depending on the features made available:
   (a) invite, add, suspend, remove, and manage Authorized Users;
   (b) assign roles, permissions, and access levels;
   (c) authorize or restrict use of AI Agents and other Services;
   (d) view and manage Customer Data, settings, logs, configurations, and Usage Data within the Organization;
   (e) connect or disconnect External Services;
   (f) configure public sharing, external sharing, forms, booking pages, websites, files, and AI Agents;
   (g) purchase Paid Services or AI Credits;
   (h) manage billing and usage; and
   (i) perform other administrative actions made available by DELIGHT.

4. Authorized Users acknowledge that Organization Administrators may access, manage, transfer, restrict, export, or delete information associated with their use of the Organization.

5. Customer must ensure that each Authorized User is informed of and complies with these Terms, Customer’s internal policies, DELIGHT’s Privacy Policy, and all applicable laws.

6. Customer must promptly suspend or remove access for any Authorized User who no longer requires access, including upon termination of employment, engagement, representation, or other relationship with Customer.

7. Customer is responsible for determining whether an Authorized User is permitted to access particular Customer Data, AI Agents, External Services, or other functionality.

8. Disputes concerning control, ownership, membership, administration, or Customer Data within an Organization must be resolved by the relevant parties. DELIGHT is not required to resolve such disputes.

9. DELIGHT may require corporate records, identity documents, proof of employment, domain verification, authorization letters, or other evidence to determine who is authorized to control an Organization.

10. DELIGHT may temporarily restrict administrative actions while an Organization ownership or authority dispute is under review.

Section 8. Account Security

1. Customer and each Authorized User are responsible for safeguarding Account credentials, passwords, authentication codes, API keys, OAuth tokens, access tokens, private keys, and other authentication information.

2. Account credentials may not be sold, transferred, assigned, sublicensed, or shared with another person, except through an account-sharing or service-account feature expressly authorized by DELIGHT.

3. Customer must assign individual Accounts to Authorized Users and use commercially reasonable efforts to apply appropriate access controls and least-privilege principles.

4. DELIGHT may require:
   (a) multi-factor authentication;
   (b) password resets;
   (c) identity verification;
   (d) token rotation;
   (e) access restrictions;
   (f) domain verification; or
   (g) other security measures.

5. Customer must promptly notify DELIGHT if it becomes aware of:
   (a) unauthorized Account access;
   (b) compromised credentials;
   (c) loss or disclosure of API keys or tokens;
   (d) an Account takeover;
   (e) unauthorized Customer Data access; or
   (f) another actual or suspected security incident involving the Services.

6. Actions performed using valid Account credentials will be treated as authorized by Customer unless the action resulted directly from DELIGHT’s breach of its obligations.

7. Customer is responsible for losses arising from Customer’s or an Authorized User’s failure to protect credentials, except to the extent directly caused by DELIGHT’s gross negligence or willful misconduct.

8. DELIGHT may suspend or invalidate Accounts, credentials, tokens, integrations, or sessions without prior notice if DELIGHT reasonably believes that doing so is necessary to protect the Services, Customer, other users, or third parties.

Section 9. Registration Information and Communications

1. Customer must keep its Account, contact, billing, tax, and Organization information accurate and current.

2. Customer must promptly update changes to:
   (a) legal name;
   (b) business name;
   (c) address;
   (d) authorized representative;
   (e) billing contact;
   (f) email address;
   (g) telephone number;
   (h) payment method;
   (i) tax information; and
   (j) Organization Administrator.

3. DELIGHT is not responsible for missed notices, failed billing, delayed Account recovery, loss of access, or other consequences resulting from outdated or inaccurate information supplied by Customer.

4. Customer consents to receive legal, billing, security, operational, product, and service-related communications electronically, including by email, in-product notification, website notice, or another reasonable electronic method.

5. A notice sent to the contact information associated with Customer’s Account will be deemed received when it would ordinarily be delivered.

6. DELIGHT may send promotional or marketing communications where permitted by law. Customer may unsubscribe from marketing communications, but may not opt out of essential transactional, legal, billing, security, or service communications.

Section 10. Order of Precedence

1. These Terms, together with applicable Order Forms and incorporated policies, constitute the agreement between DELIGHT and Customer concerning the Services.

2. If there is a conflict among contractual documents, the following order of precedence applies unless the applicable document expressly states otherwise:
   (a) a separately negotiated written agreement signed by authorized representatives of DELIGHT and Customer;
   (b) an Order Form accepted by DELIGHT;
   (c) product-specific, API, Marketplace, Enterprise, or supplemental terms;
   (d) these Terms; and
   (e) the Documentation, Pricing Page, policies, guidelines, and other online materials.

3. Notwithstanding subsection 2, a Data Processing Addendum, Service Level Agreement, Privacy Policy, Security Addendum, Business Associate Agreement, or similar document will control with respect to the specific subject matter it governs.

4. A reseller, referral partner, consultant, systems integrator, agent, or other third party has no authority to modify these Terms, make representations or warranties on behalf of DELIGHT, or bind DELIGHT unless DELIGHT expressly grants that authority in a written instrument signed by an authorized representative.

5. Any purchase order or similar document issued by Customer is for administrative convenience only. Any additional or conflicting terms included in such document are rejected and will have no effect unless expressly accepted in writing by DELIGHT.

6. If a matter is not addressed by these Terms or an applicable Order Form, DELIGHT may establish reasonable operational rules consistent with the nature of the Services and applicable law.

Chapter 2 — AI Services, Fees, and Marketplace

Section 11. AI Agents

1. The Services may include AI Agents developed by DELIGHT or third parties.

2. AI Agents may utilize generative artificial intelligence, machine learning, natural language processing, speech recognition, speech synthesis, computer vision, automation technologies, or other similar technologies.

3. AI Agents may perform tasks including, without limitation:
   (a) generating text, documents, code, images, audio, video, or other content;
   (b) answering questions or providing recommendations;
   (c) summarizing, translating, classifying, extracting, or analyzing information;
   (d) automating workflows or business processes;
   (e) communicating by voice, telephone, chat, email, SMS, or other communication methods;
   (f) interacting with External Services;
   (g) performing actions authorized by Customer within Customer's Organization.

4. AI Agents are intended to assist users and do not replace independent human judgment.

5. Customer is solely responsible for reviewing, approving, and validating any Output before relying upon or distributing it.

6. Customer shall not rely exclusively on AI Agents when making legal, tax, accounting, medical, financial, employment, regulatory, safety-critical, or other material decisions.

7. DELIGHT may add, remove, suspend, replace, retrain, modify, or discontinue any AI Agent at any time.

Section 12. AI Output

1. Artificial intelligence is probabilistic in nature.

2. Output generated by the Services may be inaccurate, incomplete, outdated, offensive, misleading, biased, or inappropriate.

3. Similar or identical Output may be generated for different users.

4. DELIGHT does not represent or warrant that Output:
   (a) is accurate;
   (b) is complete;
   (c) is current;
   (d) is legally compliant;
   (e) is free from third-party intellectual property claims;
   (f) is suitable for Customer's intended purpose;
   (g) will achieve any desired business result.

5. Customer is solely responsible for evaluating, reviewing, editing, approving, and using Output.

6. Customer assumes all risks arising from use of Output.

7. DELIGHT shall not be liable for decisions made by Customer based on Output.

Section 13. Third-Party AI Models and External AI Services

1. The Services may utilize third-party AI models, APIs, cloud infrastructure, telecommunications providers, and External Services.

2. Such providers may include OpenAI, Anthropic, Google, Microsoft, xAI, Meta, Amazon Web Services, Twilio, Stripe, or other providers selected by DELIGHT from time to time.

3. DELIGHT may replace, remove, or add AI providers at any time without prior notice.

4. Customer acknowledges that Input may be transmitted to External Services solely as necessary to provide the requested functionality.

5. DELIGHT will use commercially reasonable efforts to configure supported AI providers so that Customer Input is not used to train publicly available foundation models where such configuration is offered by the provider. DELIGHT cannot guarantee that every External Service offers or maintains such functionality.

6. Customer is responsible for determining whether Customer Data is appropriate for processing through AI services.

7. Customer shall not submit information that Customer is prohibited by law or contract from transmitting to an AI service.

8. DELIGHT is not responsible for any interruption, degradation, modification, pricing change, suspension, security incident, or termination of an External Service.

9. DELIGHT may temporarily suspend AI functionality if required to comply with law, contractual obligations, security requirements, or technical limitations.

Section 14. Free Plan

1. DELIGHT may offer one or more Free Plans or free features at its sole discretion.

2. Unless expressly stated otherwise, a Free Plan is provided on an "as available" basis and is intended for evaluation, limited business use, community use, or other purposes determined by DELIGHT.

3. Features available under a Free Plan may differ from those available under Paid Services and may include limitations on:
   (a) AI usage;
   (b) storage capacity;
   (c) number of Organizations;
   (d) number of Authorized Users;
   (e) API usage;
   (f) Marketplace functionality;
   (g) External Service integrations;
   (h) support;
   (i) security features;
   (j) data retention;
   (k) backup and recovery;
   (l) processing speed;
   (m) available AI models; and
   (n) any other functionality designated by DELIGHT.

4. DELIGHT may change, suspend, discontinue, restrict, or terminate any Free Plan or free feature at any time without liability.

5. DELIGHT does not guarantee that Customer Data stored under a Free Plan will be retained indefinitely.

6. DELIGHT may delete Customer Data associated with inactive Free Plan Accounts after providing notice through the Services or by email where reasonably practicable.

7. Customer is solely responsible for exporting or backing up Customer Data before cancellation, suspension, or termination of a Free Plan.

8. DELIGHT has no obligation to provide technical support, uptime commitments, disaster recovery, or service level commitments for Free Plans.

9. Nothing in this Section obligates DELIGHT to continue offering a Free Plan.

Section 15. Paid Services and Fees

1. Certain Services require payment of subscription fees, usage-based fees, AI Credits, prepaid balances, or other charges.

2. Current pricing is available on the applicable Pricing Page, Order Form, or another pricing document provided by DELIGHT.

3. DELIGHT may offer one or more pricing models, including:
   (a) monthly subscriptions;
   (b) annual subscriptions;
   (c) usage-based billing;
   (d) execution-time billing;
   (e) AI Credit consumption;
   (f) prepaid balances;
   (g) enterprise licensing;
   (h) custom commercial agreements; or
   (i) any combination of the foregoing.

4. Unless otherwise stated, all fees are exclusive of applicable sales tax, VAT, GST, withholding tax, duties, governmental charges, or similar taxes. Customer is responsible for all such taxes except taxes imposed on DELIGHT's net income.

5. Customer authorizes DELIGHT or its payment processor to charge the applicable payment method for all fees incurred under the applicable subscription or usage plan.

6. Customer is responsible for all usage occurring within its Organization, including usage by Authorized Users, API integrations, AI Agents, automated workflows, and Marketplace applications.

7. Except as expressly provided in these Terms or required by applicable law, all fees are non-refundable.

8. DELIGHT may modify pricing upon prior notice. Unless otherwise specified in an Order Form, revised pricing will apply to renewals, new purchases, additional usage, or future billing periods after the effective date of the price change.

9. Failure to pay applicable fees may result in suspension, restriction, downgrade, or termination of all or part of the Services.

10. DELIGHT may establish minimum charges, overage charges, prepaid requirements, credit limits, or usage thresholds applicable to particular Services or Customers.

Section 16. Usage-Based Billing

1. Certain Services are billed based on actual consumption rather than a fixed subscription fee.

2. Usage-based charges may include, without limitation:
   (a) AI execution time;
   (b) AI Credits consumed;
   (c) processing seconds or minutes;
   (d) token usage;
   (e) API requests;
   (f) workflow executions;
   (g) AI Agent executions;
   (h) voice recognition;
   (i) speech synthesis;
   (j) telephone calls;
   (k) SMS messages;
   (l) email delivery;
   (m) OCR processing;
   (n) embeddings or vector processing;
   (o) Storage usage;
   (p) bandwidth;
   (q) Marketplace purchases; and
   (r) other measurable resource consumption designated by DELIGHT.

3. DELIGHT's measurement systems shall be the authoritative basis for determining usage unless Customer demonstrates a material measurement error.

4. Customer may review usage information through the Services where such functionality is made available.

5. Usage records maintained by DELIGHT constitute prima facie evidence of Customer's usage for billing purposes.

6. DELIGHT may establish usage thresholds, soft limits, hard limits, quotas, rate limits, fair use limits, or other operational controls.

7. DELIGHT may temporarily suspend resource-intensive activity that threatens platform stability or security.

8. Unused usage allocations do not roll over unless expressly stated in the applicable Pricing Page or Order Form.

Section 17. AI Credits and Prepaid Balances

1. DELIGHT may issue AI Credits, prepaid balances, execution time balances, promotional credits, trial credits, or similar usage units.

2. AI Credits are not legal tender, electronic money, stored-value products, or financial instruments.

3. AI Credits have no cash value unless expressly required by applicable law.

4. AI Credits are non-transferable unless expressly authorized by DELIGHT.

5. Promotional credits may expire automatically on the date specified by DELIGHT.

6. Purchased AI Credits may expire if permitted under applicable law and disclosed before purchase.

7. DELIGHT may deduct AI Credits automatically as Services are consumed.

8. DELIGHT may refuse, suspend, reverse, or cancel AI Credits obtained through fraud, abuse, unauthorized activity, payment reversal, or violation of these Terms.

9. Except where required by law, unused AI Credits are not refundable.

10. DELIGHT may introduce additional credit types or retire existing credit programs at any time.

Section 18. Payment Terms

1. Customer shall pay all applicable fees when due.

2. DELIGHT may accept payment by:
   (a) credit card;
   (b) debit card;
   (c) ACH;
   (d) wire transfer;
   (e) Stripe;
   (f) another payment processor designated by DELIGHT; or
   (g) invoice for approved Customers.

3. Customer authorizes recurring billing for subscriptions and recurring Services until canceled in accordance with these Terms.

4. If payment cannot be collected, DELIGHT may:
   (a) retry the payment;
   (b) suspend Paid Services;
   (c) reduce available functionality;
   (d) revoke AI Credits;
   (e) require prepaid payment; or
   (f) terminate the applicable subscription.

5. Overdue amounts may accrue interest at the lesser of:
   (a) one and one-half percent (1.5%) per month; or
   (b) the maximum rate permitted by applicable law.

6. Customer shall reimburse DELIGHT for reasonable collection costs, attorneys' fees, and court costs incurred in collecting overdue amounts where permitted by law.

7. Customer shall not withhold, offset, or deduct payments except as required by applicable law.

Section 19. Marketplace

1. DELIGHT may operate a Marketplace through which DELIGHT or third parties make Marketplace Content available.

2. Marketplace Content may include:
   (a) AI Agents;
   (b) templates;
   (c) prompts;
   (d) workflows;
   (e) connectors;
   (f) integrations;
   (g) extensions;
   (h) applications;
   (i) automation packages; and
   (j) other digital assets.

3. Marketplace Content may be provided free of charge or for a fee.

4. Intellectual property rights in Marketplace Content remain with the applicable owner unless expressly stated otherwise.

5. DELIGHT does not guarantee the accuracy, legality, security, quality, availability, performance, or continued operation of Marketplace Content supplied by third parties.

6. Customer's use of Marketplace Content may be subject to additional license terms established by the applicable publisher.

7. DELIGHT may remove, suspend, reject, disable, or restrict Marketplace Content at any time.

Section 20. Marketplace Publishers

1. DELIGHT may permit Customers to publish Marketplace Content.

2. By submitting Marketplace Content, the publisher represents and warrants that:
   (a) it owns or has all necessary rights to the submitted content;
   (b) publication does not violate applicable law;
   (c) publication does not infringe any intellectual property, privacy, publicity, contractual, or other rights;
   (d) the content does not contain malware or malicious code; and
   (e) the content complies with DELIGHT's Marketplace policies.

3. Publisher remains solely responsible for all Marketplace Content it submits.

4. DELIGHT may review, reject, suspend, remove, modify the listing of, or disable Marketplace Content at its sole discretion.

5. DELIGHT may establish Marketplace review procedures, technical requirements, security requirements, quality standards, revenue-sharing programs, transaction fees, payout thresholds, taxation procedures, and other commercial terms through separate Marketplace Policies.

6. DELIGHT may suspend or permanently revoke publishing privileges for violations of these Terms or Marketplace Policies.

7. DELIGHT is not responsible for disputes between Marketplace publishers and Marketplace users, except to the extent expressly required by applicable law.

Chapter 3 — Customer Data, Intellectual Property, and Privacy

Section 21. Customer Data

1. Customer retains all right, title, and interest in and to Customer Data.

2. Nothing in these Terms transfers ownership of Customer Data to DELIGHT.

3. Customer grants DELIGHT a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, process, modify, display, analyze, and otherwise use Customer Data solely as necessary to:
   (a) provide the Services;
   (b) authenticate users;
   (c) operate AI Agents;
   (d) maintain security;
   (e) perform backups and disaster recovery;
   (f) provide technical support;
   (g) detect fraud, abuse, or security incidents;
   (h) comply with legal obligations; and
   (i) improve the reliability, performance, and operation of the Services, provided that Customer Data is aggregated or de-identified where reasonably appropriate.

4. Customer represents and warrants that it possesses all rights, permissions, licenses, and legal authority necessary to submit, process, and use Customer Data through the Services.

5. Customer is solely responsible for the accuracy, legality, quality, integrity, and content of Customer Data.

6. DELIGHT has no obligation to review Customer Data except as required to operate the Services or comply with applicable law.

7. DELIGHT may refuse to process or may remove Customer Data where reasonably necessary to comply with law, protect the Services, or prevent material harm.

Section 22. Storage, Backup, and Retention

1. DELIGHT provides cloud-based Storage as part of the Services.

2. Storage capacity, retention periods, backup availability, and recovery capabilities vary depending upon the applicable subscription plan.

3. Customer is responsible for maintaining independent backups of important Customer Data.

4. DELIGHT does not guarantee that deleted Customer Data can be recovered.

5. DELIGHT may permanently delete Customer Data:
   (a) following expiration of applicable retention periods;
   (b) after termination of the applicable subscription;
   (c) following prolonged inactivity under a Free Plan;
   (d) where required by law; or
   (e) where continued retention creates material legal or security risk.

6. DELIGHT may retain limited backup copies for disaster recovery, legal compliance, fraud prevention, auditing, or security purposes after Customer Data has otherwise been deleted.

7. Enterprise Customers may agree to alternative retention periods through an applicable Order Form.

Section 23. Sharing and External Access

1. Customer may authorize sharing of files, AI Agents, forms, booking pages, websites, CRM information, or other resources through the Services.

2. Customer is solely responsible for configuring sharing permissions.

3. Customer assumes all responsibility for:
   (a) public links;
   (b) invitation links;
   (c) guest access;
   (d) external collaboration;
   (e) accidental disclosure; and
   (f) unauthorized redistribution by recipients.

4. DELIGHT is not responsible for misuse of information made available through sharing settings selected by Customer.

5. DELIGHT may suspend public sharing functionality where reasonably necessary to protect the Services or comply with law.

Section 24. Intellectual Property

1. Except for Customer Data and third-party intellectual property, DELIGHT owns all right, title, and interest in and to the Services.

2. This includes all intellectual property rights relating to:
   (a) software;
   (b) source code;
   (c) object code;
   (d) AI Agents;
   (e) APIs;
   (f) workflows;
   (g) Documentation;
   (h) user interfaces;
   (i) trademarks;
   (j) service marks;
   (k) logos;
   (l) designs;
   (m) databases; and
   (n) derivative works.

3. Customer receives only a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services during the applicable subscription term.

4. Customer shall not:
   (a) copy;
   (b) reverse engineer;
   (c) decompile;
   (d) disassemble;
   (e) modify;
   (f) create derivative works from;
   (g) lease;
   (h) sell;
   (i) sublicense; or
   (j) commercially exploit the Services except as expressly permitted.

5. Nothing in these Terms grants Customer any ownership interest in the Services.

Section 25. Feedback

1. Customer may voluntarily provide suggestions, comments, ideas, enhancement requests, feature requests, bug reports, or other feedback regarding the Services ("Feedback").

2. Customer grants DELIGHT a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable license to use, modify, incorporate, publish, distribute, commercialize, and otherwise exploit Feedback for any purpose without restriction or compensation.

3. DELIGHT has no obligation to implement any Feedback.

4. Customer represents that it has the authority to grant the rights described in this Section.

Section 26. Artificial Intelligence Data Processing

1. Customer acknowledges and agrees that Input submitted to AI Agents may be processed by DELIGHT and one or more External AI Services solely for the purpose of providing the requested functionality.

2. DELIGHT will process Input only as reasonably necessary to provide the applicable AI functionality.

3. DELIGHT may utilize commercially reasonable safeguards designed to reduce the likelihood that Customer Input will be used to train publicly available foundation models where such controls are offered by the applicable AI provider.

4. DELIGHT does not control the internal operation of third-party AI providers and cannot guarantee how such providers process data beyond their contractual commitments.

5. Customer is responsible for determining whether Customer Data is appropriate for submission to AI Agents.

6. Customer shall not submit information that Customer is prohibited by law, regulation, court order, contractual obligation, or fiduciary duty from transmitting.

7. Customer is responsible for obtaining any required notices, authorizations, or consents before submitting personal information or confidential information to the Services.

8. Customer acknowledges that AI processing may occur in multiple jurisdictions depending upon the infrastructure used by DELIGHT or External Services.

Section 27. Privacy and Personal Information

1. DELIGHT processes Personal Information in accordance with its Privacy Policy, which is incorporated into these Terms by reference.

2. Customer represents that it has all necessary legal rights to provide Personal Information to DELIGHT for processing through the Services.

3. Where Customer processes Personal Information belonging to employees, customers, suppliers, or other individuals, Customer remains the data controller or equivalent legal party unless otherwise agreed in writing.

4. DELIGHT acts as an independent controller or service provider, processor, or similar role only as required by applicable law and the applicable service.

5. Customer is responsible for complying with all applicable privacy and data protection laws, including obtaining any legally required notices or consents.

6. DELIGHT may transfer, process, store, or back up Customer Data in the United States or other jurisdictions where DELIGHT or its subprocessors operate.

7. Customer authorizes such cross-border transfers to the extent permitted by applicable law.

Section 28. Confidential Information

1. Each party agrees to protect the other party's Confidential Information using at least the same degree of care that it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care.

2. Confidential Information may be used solely for purposes of performing obligations or exercising rights under these Terms.

3. Confidential Information shall not include information that:
   (a) is or becomes publicly available without breach of these Terms;
   (b) was lawfully known by the receiving party before disclosure;
   (c) is independently developed without use of Confidential Information; or
   (d) is lawfully obtained from a third party without confidentiality obligations.

4. A receiving party may disclose Confidential Information where required by applicable law, court order, governmental request, or regulatory requirement, provided that, where legally permitted, the receiving party gives reasonable prior notice to the disclosing party.

5. DELIGHT may disclose Confidential Information to its affiliates, contractors, subprocessors, auditors, professional advisors, and service providers that are bound by confidentiality obligations no less protective than those contained herein.

6. The confidentiality obligations contained in this Section survive termination of these Terms for five (5) years, except that trade secrets shall remain protected for so long as they qualify as trade secrets under applicable law.

Section 29. International Data Transfers

1. Customer acknowledges that the Services are operated using infrastructure located in one or more countries.

2. Customer Data may be stored, processed, transmitted, replicated, or backed up in the United States or any other jurisdiction in which DELIGHT, its affiliates, or its subprocessors maintain facilities.

3. DELIGHT will implement commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data.

4. Customer acknowledges that governmental authorities in certain jurisdictions may lawfully access Customer Data pursuant to applicable law.

5. Where applicable law requires additional safeguards for international data transfers, DELIGHT and Customer agree to cooperate in implementing commercially reasonable transfer mechanisms.

Section 30. Data Export, Return, and Deletion

1. During the applicable subscription term, Customer may export Customer Data using functionality made available by DELIGHT.

2. Following termination or expiration of the applicable subscription, Customer may have a limited period to retrieve Customer Data before deletion.

3. Unless otherwise required by law or agreed in writing, DELIGHT has no obligation to retain Customer Data indefinitely after termination.

4. DELIGHT may permanently delete Customer Data after expiration of the applicable retention period.

5. DELIGHT may retain limited copies of Customer Data where reasonably necessary for:
   (a) legal compliance;
   (b) fraud prevention;
   (c) security investigations;
   (d) dispute resolution;
   (e) enforcement of these Terms; or
   (f) disaster recovery.

6. Any retained Customer Data shall remain subject to the confidentiality and privacy obligations set forth in these Terms.

7. Enterprise Customers may negotiate alternative data return, migration, export, retention, or deletion procedures through an applicable Order Form or Data Processing Addendum.

Chapter 4 — Suspension, Liability, General Provisions

Section 31. Acceptable Use

1. Customer shall use the Services only in compliance with these Terms and all applicable laws and regulations.

2. Customer shall not, and shall not permit any Authorized User or third party to:
   (a) violate any applicable law, regulation, court order, or governmental requirement;
   (b) infringe or misappropriate any intellectual property, privacy, publicity, or other rights of another person;
   (c) submit unlawful, defamatory, fraudulent, deceptive, abusive, hateful, harassing, obscene, or otherwise objectionable content;
   (d) impersonate another person or entity;
   (e) transmit malware, ransomware, spyware, viruses, worms, Trojan horses, or other malicious code;
   (f) interfere with, disrupt, damage, disable, overload, or impair the Services or networks connected to the Services;
   (g) attempt unauthorized access to the Services, Accounts, systems, or data;
   (h) bypass, disable, or interfere with security features or usage limitations;
   (i) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services except where expressly permitted by applicable law;
   (j) use automated tools to scrape, crawl, harvest, benchmark, or extract information from the Services without DELIGHT's prior written consent;
   (k) use the Services to develop or train a competing artificial intelligence model or competing service;
   (l) use AI Agents to generate malware, phishing content, spam, fraudulent communications, or unlawful content;
   (m) engage in prompt injection, jailbreak attempts, or other techniques intended to circumvent safety controls;
   (n) resell, sublicense, rent, lease, or commercially exploit the Services except as expressly authorized by DELIGHT;
   (o) use the Services in any manner that could reasonably be expected to damage DELIGHT's reputation, infrastructure, or business operations; or
   (p) engage in any activity that DELIGHT reasonably determines presents a material legal, operational, or security risk.

3. DELIGHT may establish additional acceptable use requirements through separate policies applicable to particular Services.

Section 32. Suspension of Services

1. DELIGHT may suspend all or part of the Services immediately if DELIGHT reasonably determines that suspension is necessary to:
   (a) protect the security, integrity, or availability of the Services;
   (b) prevent fraud, abuse, unauthorized access, or unlawful activity;
   (c) comply with applicable law or governmental requests;
   (d) protect DELIGHT, Customers, Authorized Users, or third parties from material harm;
   (e) address technical failures, security incidents, or emergency maintenance; or
   (f) prevent excessive resource consumption that threatens platform stability.

2. Where reasonably practicable, DELIGHT will provide advance notice of planned maintenance or scheduled service interruptions.

3. DELIGHT shall use commercially reasonable efforts to restore suspended Services as soon as reasonably practicable.

4. Suspension under this Section shall not relieve Customer of its obligation to pay fees that accrued prior to or during the suspension unless otherwise expressly agreed by DELIGHT.

Section 33. Suspension or Termination of Accounts

1. DELIGHT may suspend, restrict, or terminate any Account or Organization if Customer:
   (a) materially breaches these Terms;
   (b) fails to pay applicable fees;
   (c) provides false or misleading information;
   (d) violates applicable law;
   (e) engages in fraud or unauthorized activity;
   (f) presents an unacceptable security risk;
   (g) becomes subject to sanctions or export restrictions;
   (h) infringes the rights of third parties; or
   (i) otherwise creates material legal, operational, financial, or reputational risk for DELIGHT.

2. DELIGHT may remove specific AI Agents, integrations, APIs, Marketplace Content, or other functionality without terminating the entire Account.

3. Suspension or termination shall not limit DELIGHT's other legal or contractual remedies.

Section 34. Term and Termination

1. These Terms remain effective until terminated.

2. Customer may terminate the Services by following DELIGHT's applicable cancellation procedures.

3. DELIGHT may terminate these Terms immediately upon written notice if Customer materially breaches these Terms and fails to cure such breach within thirty (30) days after notice, unless immediate termination is reasonably necessary due to fraud, security, legal compliance, or other urgent circumstances.

4. Upon termination:
   (a) Customer's rights to access the Services immediately cease;
   (b) outstanding payment obligations remain due;
   (c) Sections intended to survive termination remain in effect.

5. Termination shall not affect rights or obligations accrued before termination.

Section 35. Disclaimer of Warranties

1. THE SERVICES, INCLUDING ALL AI AGENTS, OUTPUT, MARKETPLACE CONTENT, APIS, BETA SERVICES, AND THIRD-PARTY INTEGRATIONS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DELIGHT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF:
   (a) MERCHANTABILITY;
   (b) FITNESS FOR A PARTICULAR PURPOSE;
   (c) TITLE;
   (d) NON-INFRINGEMENT;
   (e) ACCURACY;
   (f) COMPLETENESS;
   (g) RELIABILITY;
   (h) SECURITY;
   (i) CONTINUOUS AVAILABILITY;
   (j) ERROR-FREE OPERATION; AND
   (k) RESULTS TO BE OBTAINED FROM USE OF THE SERVICES.

3. DELIGHT DOES NOT WARRANT THAT:
   (a) THE SERVICES WILL OPERATE WITHOUT INTERRUPTION;
   (b) DEFECTS WILL BE CORRECTED;
   (c) THE SERVICES WILL ALWAYS BE AVAILABLE;
   (d) OUTPUT WILL BE FACTUALLY CORRECT;
   (e) OUTPUT WILL BE LEGALLY COMPLIANT;
   (f) OUTPUT WILL BE FREE OF THIRD-PARTY CLAIMS; OR
   (g) THE SERVICES WILL MEET CUSTOMER'S PARTICULAR REQUIREMENTS.

4. CUSTOMER IS SOLELY RESPONSIBLE FOR REVIEWING, VERIFYING, TESTING, AND APPROVING ANY OUTPUT BEFORE RELYING UPON OR DISTRIBUTING IT.

Section 36. Limitation of Liability

1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DELIGHT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES.

2. DELIGHT SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM:
   (a) CUSTOMER'S USE OF OUTPUT;
   (b) THIRD-PARTY SERVICES;
   (c) MARKETPLACE CONTENT;
   (d) CUSTOMER DATA;
   (e) CUSTOMER'S FAILURE TO MAINTAIN BACKUPS;
   (f) UNAUTHORIZED ACCESS CAUSED BY CUSTOMER'S CREDENTIALS;
   (g) FORCE MAJEURE EVENTS; OR
   (h) ACTS OR OMISSIONS OF CUSTOMER OR AUTHORIZED USERS.

3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DELIGHT'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO DELIGHT DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

4. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

5. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Section 37. Indemnification

1. Customer shall defend, indemnify, and hold harmless DELIGHT, its affiliates, officers, directors, employees, contractors, licensors, and agents from and against any third-party claims, actions, proceedings, damages, judgments, settlements, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
   (a) Customer's use of the Services;
   (b) Customer Data;
   (c) Customer's Output;
   (d) Marketplace Content published by Customer;
   (e) Customer's violation of these Terms;
   (f) Customer's violation of applicable law; or
   (g) Customer's infringement or misappropriation of any intellectual property or other rights of a third party.

2. DELIGHT shall promptly notify Customer of any indemnified claim, provided that failure to provide prompt notice shall not relieve Customer of its obligations except to the extent materially prejudiced.

3. Customer shall control the defense and settlement of the claim, except that Customer may not settle any claim imposing liability or obligations upon DELIGHT without DELIGHT's prior written consent.

Section 38. Force Majeure

1. DELIGHT shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including:
   (a) natural disasters;
   (b) earthquakes;
   (c) floods;
   (d) fires;
   (e) pandemics;
   (f) epidemics;
   (g) acts of war;
   (h) terrorism;
   (i) civil unrest;
   (j) labor disputes;
   (k) governmental actions;
   (l) power outages;
   (m) internet failures;
   (n) cloud infrastructure failures;
   (o) failures of External Services; or
   (p) other force majeure events.

2. DELIGHT shall use commercially reasonable efforts to resume affected Services when reasonably practicable.

Section 39. Export Controls and Sanctions

1. Customer represents and warrants that neither Customer nor any Authorized User is:
   (a) located in a country or territory subject to comprehensive U.S. sanctions;
   (b) identified on any applicable sanctions or restricted party list maintained by the United States or other applicable governmental authority; or
   (c) prohibited from receiving the Services under applicable export control laws.

2. Customer shall comply with all applicable export control, sanctions, and trade laws, including those administered by the United States.

3. Customer shall not export, re-export, transfer, release, or otherwise make available the Services or any related technology in violation of applicable law.

4. DELIGHT may suspend or terminate the Services where necessary to comply with export control or sanctions laws.

Section 40. Compliance with Laws

1. Customer is solely responsible for complying with all laws applicable to its use of the Services.

2. Customer shall obtain all licenses, approvals, authorizations, notices, and consents required for its use of the Services.

3. Customer acknowledges that DELIGHT does not provide legal, accounting, tax, investment, medical, employment, or regulatory advice.

4. Customer shall independently determine whether use of the Services satisfies applicable legal or regulatory requirements.

5. DELIGHT may modify the Services where reasonably necessary to comply with changes in applicable law or governmental requirements.

Section 41. Beta Services

1. DELIGHT may make Beta Services available from time to time.

2. Beta Services are provided solely for evaluation, testing, and feedback purposes.

3. Beta Services may contain errors, defects, interruptions, incomplete functionality, security vulnerabilities, or incompatibilities.

4. DELIGHT may modify, suspend, discontinue, or remove any Beta Service at any time without notice or liability.

5. DELIGHT is under no obligation to make any Beta Service generally available.

6. Customer uses Beta Services entirely at its own risk.

7. To the maximum extent permitted by applicable law, Beta Services are provided without any warranties of any kind.

Section 42. Electronic Communications

1. Customer agrees that DELIGHT may provide notices, disclosures, invoices, statements, amendments, security alerts, legal communications, and other communications electronically.

2. Electronic communications may be delivered through:
   (a) email;
   (b) the Services;
   (c) Customer's Account dashboard;
   (d) the DELIGHT website; or
   (e) any other reasonable electronic means.

3. Electronic communications satisfy any legal requirement that communications be in writing.

4. Customer is responsible for maintaining current contact information.

Section 43. Assignment

1. Customer may not assign, delegate, transfer, or otherwise dispose of these Terms or any rights or obligations hereunder without DELIGHT's prior written consent.

2. Any attempted assignment in violation of this Section is void.

3. DELIGHT may assign these Terms, in whole or in part, without Customer's consent in connection with:
   (a) a merger;
   (b) acquisition;
   (c) corporate reorganization;
   (d) financing;
   (e) sale of assets;
   (f) sale of equity; or
   (g) any successor transaction.

4. These Terms shall bind and benefit the parties and their respective permitted successors and assigns.

Section 44. Amendments

1. DELIGHT may modify these Terms from time to time.

2. Material modifications will become effective on the date specified in the applicable notice.

3. DELIGHT may provide notice by:
   (a) posting revised Terms on its website;
   (b) posting within the Services;
   (c) sending email to Customer; or
   (d) another reasonable method.

4. Customer's continued use of the Services after the effective date constitutes acceptance of the revised Terms.

5. If Customer does not agree to a material modification, Customer must discontinue use of the affected Services before the effective date.

Section 45. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

Section 46. Dispute Resolution; Venue

1. The parties agree that the state courts located in Wilmington, Delaware, or, where federal jurisdiction exists, the United States District Court for the District of Delaware, shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services.

2. Each party irrevocably submits to the personal jurisdiction of such courts.

3. Each party waives any objection based on inconvenient forum or improper venue.

Section 47. Waiver of Jury Trial

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

Section 48. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY.

2. NO PARTY MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

3. THE COURT MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT CUSTOMERS EXCEPT AS REQUIRED BY APPLICABLE LAW.

Section 49. Miscellaneous

1. If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force and effect.

2. Failure by DELIGHT to enforce any provision shall not constitute a waiver of future enforcement.

3. These Terms, together with any applicable Order Forms and incorporated policies, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements concerning the same subject matter.

4. Headings are for convenience only and shall not affect interpretation.

5. The word "including" means "including without limitation."

6. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, employment, or franchise relationship between the parties.

7. No third party is a beneficiary of these Terms unless expressly stated otherwise.

8. These Terms may be executed electronically and accepted electronically.

Section 50. Effective Date and Language

1. These Terms become effective on August 1, 2026.

2. DELIGHT may publish translations of these Terms for convenience.

3. In the event of any inconsistency between the English version and a translated version, the English version shall control.

4. These Terms supersede all prior versions of the DELIGHT Platform Terms of Service as of the Effective Date.

Revision History

• August 1, 2026 — Complete revision and adoption of the DELIGHT Platform Terms of Service.

Fundamental principle
Delight, Inc. (hereinafter referred to as "Delight") conducts business under the philosophy of "solving social issues through sports".
Information assets, including customer information, handled as part of the Company's business are extremely important to the Company's management foundation.
Recognizing the importance of protecting information assets from risks such as leakage, damage and loss, all those who handle information assets, including directors and employees, will comply with this policy and practice activities to maintain the confidentiality, integrity and availability of information assets.

Basic policy
In order to protect our information assets, we will formulate our information security policy and related regulations, and conduct our business in accordance with them, while complying with laws, regulations and other standards related to information security, and with the terms and conditions of our contracts with our customers.

We shall establish a systematic risk assessment method and conduct periodic risk assessments by clarifying the criteria for analyzing and evaluating the risks of leakage, damage, loss, etc. that exist for information assets. Based on the results of the assessment, we will implement necessary and appropriate security measures.

We will establish an information security system led by the director in charge, and clarify the authority and responsibility for information security. In addition, we will regularly provide education, training and awareness-raising programs to all employees to ensure that they recognize the importance of information security and handle information assets in an appropriate manner.

We will regularly inspect and audit the compliance with the information security policy and the handling of information assets, and promptly take corrective measures against any deficiencies found and items for improvement.

The Company shall take appropriate measures against the occurrence of information security events and incidents, and in the unlikely event that they occur, the Company shall establish procedures for minimizing damage in advance, and shall promptly respond to emergencies and take appropriate corrective measures. In addition, we will establish a framework for managing incidents, especially those involving business interruptions, and review it periodically to ensure the continuity of our business.

We will establish an information security management system that sets targets for the realization of our basic philosophy, and we will implement the system and review and improve it on a continuous basis.

September 1, 2020 Establishment
DELIGHT, Inc.
President Hiroyuki ANNO

PRIVACY POLICY

Your privacy and the security of your personal information are of the utmost importance to us. It
is our policy to handle your credit card information and personal data with the highest standards
of safety, security features, and confidentiality. We will not sell or exchange any of your
personal information with third-parties. We keep confidential any information entered for your
online purchases, donations, and registrations!


Information that is gathered from visitors
In common with other websites, log files are stored on our web server saving details such as the
visitor's IP address, browser type, referring page and time of visit.
Cookies may be used to remember visitor preferences when interacting with our website.
Where registration is required, the visitor's email and a username will be stored on our server.

How the Information is used
The information is used to enhance the vistor's experience when using our website to display
personalized content and possibly advertising.
We will not sell or exchange any of your information to third-parties.
E-mails may be sent to inform you of news of our services or offers by us or our affiliates.

Visitor Options
If you have subscribed to one of our services, you may unsubscribe by following the instructions
which are included in e-mail that you receive.
You may be able to block cookies via your browser settings, but doing so may prevent you from
access to certain features of our website.

Cookies
Cookies are small digital signature files that are stored by your web browser that allow your
preferences to be recorded when visiting our website. Also they may be used to track your return
visits to our website.
Some third-party advertising companies may also use cookies for tracking purposes.

Online Privacy Policy Only
This Online Privacy Policy applies only to information collected through our website and not to
information collected offline.

Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our
website. These third party sites have separate and independent privacy policies. We therefore
have no responsibility or liability for the content and activities of these linked sites. Nonetheless,
we seek to protect the integrity of our site and welcome any feedback about these sites.

Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page.

This policy was last modified on November  18, 2016.