⚠️ CRITICAL LEGAL NOTICE - READ BEFORE USING ⚠️
THIS AGREEMENT CONTAINS BINDING ARBITRATION, CLASS ACTION WAIVER, LIMITATION OF LIABILITY, INTELLECTUAL PROPERTY RESTRICTIONS, AND INDEMNIFICATION PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. BY USING THIS SERVICE, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS. READ THIS ENTIRE AGREEMENT CAREFULLY.
1. PARTIES AND BINDING AGREEMENT
This Terms of Service Agreement ("Agreement") is a legally binding contract between you ("User," "you," or "your") and Delphi Labs Inc., a Delaware corporation ("Company," "Delphi Labs," "we," "us," or "our"), governing your access to and use of The Oracle™ platform, AGI Model 7™ technology, and all related services, applications, websites, APIs, and content (collectively, the "Service").
BY CLICKING "I AGREE," CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE IN ANY WAY, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT; (C) ACCEPT THIS AGREEMENT ON BEHALF OF ANY ENTITY YOU REPRESENT; AND (D) WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION THAT WOULD REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE.
2. PROPRIETARY TECHNOLOGY AND INTELLECTUAL PROPERTY
2.1 Ownership of Intellectual Property
The Service, including but not limited to The Oracle™ platform, AGI Model 7™ architecture, all artificial intelligence models, algorithms, neural networks, machine learning systems, natural language processing engines, voice synthesis technology, emotional intelligence systems, personality matrices, consciousness simulation frameworks, behavioral physics engines, mood decay functions, metacognitive capabilities, memory systems, and all associated software, code, documentation, designs, trade secrets, know-how, and intellectual property (collectively, "Proprietary Technology") are the sole and exclusive property of Delphi Labs Inc.
ALL RIGHTS, TITLE, AND INTEREST IN AND TO THE PROPRIETARY TECHNOLOGY, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS THEREIN, ARE AND SHALL REMAIN WITH DELPHI LABS INC. NO RIGHTS ARE GRANTED TO YOU OTHER THAN THE LIMITED LICENSE EXPRESSLY SET FORTH HEREIN.
2.2 Trademarks and Trade Dress
"Delphi Labs," "The Oracle," "AGI Model 7," and all related names, logos, product and service names, designs, and slogans are trademarks of Delphi Labs Inc. You may not use such marks without prior written permission. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.
2.3 Trade Secrets
You acknowledge that the Proprietary Technology contains valuable trade secrets of Delphi Labs Inc. You agree to maintain the confidentiality of all trade secrets and not to disclose, publish, or otherwise reveal any trade secrets to any third party during or after your use of the Service.
2.4 Patents and Patent Applications
The Proprietary Technology is protected by patents and patent applications in the United States and internationally. Unauthorized use, reproduction, or distribution may result in civil and criminal penalties.
3. PROHIBITED ACTIVITIES AND SECURITY
3.1 Absolute Prohibitions
YOU ARE STRICTLY PROHIBITED FROM:
- Reverse engineering, decompiling, disassembling, or attempting to derive the source code, algorithms, or architecture of the Service
- Copying, modifying, adapting, translating, or creating derivative works based on the Service
- Accessing or attempting to access the Service through any automated means, including bots, scrapers, crawlers, or data mining tools
- Circumventing, disabling, or interfering with security features of the Service
- Attempting to probe, scan, or test the vulnerability of the Service or breach any security measures
- Introducing viruses, trojans, worms, logic bombs, malware, or other harmful material
- Attacking the Service via denial-of-service attacks, distributed denial-of-service attacks, or similar methods
- Accessing data not intended for you or logging into a server or account you are not authorized to access
- Attempting to extract, scrape, harvest, or collect any AI model weights, parameters, training data, or model outputs for the purpose of replicating the Service
- Using the Service to train, improve, or develop any competing artificial intelligence system
- Sublicensing, selling, reselling, transferring, assigning, or distributing the Service or any component thereof
- Using the Service to generate content involving sexual exploitation of minors
- Using the Service to plan, promote, or execute terrorism, violence, or illegal activities
- Any other use that violates applicable law or these Terms
3.2 Foreign Adversary and Nation-State Restrictions
CRITICAL RESTRICTION: THE SERVICE IS STRICTLY PROHIBITED FOR USE BY:
- Any government, military, intelligence agency, or state-owned entity of Russia, China, Iran, North Korea, Cuba, Syria, Venezuela, Belarus, or any country subject to comprehensive U.S. sanctions
- Any individual or entity acting on behalf of, funded by, or affiliated with such governments
- Any person or entity on the U.S. Treasury Department's Specially Designated Nationals (SDN) List
- Any person or entity on the U.S. Commerce Department's Entity List or Denied Persons List
- Any foreign terrorist organization or designated terrorist entity
- Any person or entity engaged in weapons proliferation, human rights abuses, or cyberattacks
- Any person accessing the Service from embargoed or sanctioned territories
3.3 Prohibited Unethical AI Uses
THE SERVICE SHALL NOT BE USED FOR ANY OF THE FOLLOWING UNETHICAL PURPOSES:
- Development of weapons of mass destruction (biological, chemical, nuclear, or radiological)
- Military applications including autonomous weapons systems, target identification, or kill chain automation
- Mass surveillance, social credit systems, or population control mechanisms
- Human rights abuses including persecution of minorities, political dissidents, or religious groups
- Disinformation campaigns, election interference, or manipulation of democratic processes
- Deepfakes or synthetic media intended to deceive, defraud, or harm individuals
- Human trafficking, forced labor, or exploitation of vulnerable populations
- Cyber warfare, critical infrastructure attacks, or disruption of essential services
- Torture, interrogation enhancement, or cruel and inhumane treatment
- Genetic discrimination, eugenics, or non-consensual human experimentation
- Espionage, intelligence gathering for foreign governments, or theft of state secrets
- Any use that violates international humanitarian law or the Geneva Conventions
3.4 Representation and Warranty
BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT: (A) YOU ARE NOT LOCATED IN, UNDER THE CONTROL OF, OR A NATIONAL OR RESIDENT OF ANY SANCTIONED COUNTRY; (B) YOU ARE NOT ON ANY U.S. GOVERNMENT RESTRICTED PARTIES LIST; (C) YOU ARE NOT ACTING ON BEHALF OF ANY FOREIGN GOVERNMENT, MILITARY, OR INTELLIGENCE SERVICE; (D) YOU WILL NOT USE THE SERVICE FOR ANY PROHIBITED UNETHICAL PURPOSE; AND (E) YOU WILL IMMEDIATELY CEASE USE AND NOTIFY US IF ANY OF THESE REPRESENTATIONS BECOME UNTRUE.
3.5 Cooperation with Authorities
Delphi Labs Inc. reserves the right to fully cooperate with U.S. law enforcement, intelligence agencies, and international authorities in investigating any suspected violations of this Section 3. This includes providing user data, access logs, and AI interaction records without notice to the user where permitted by law.
3.6 Security Breach Notification
If you discover any security vulnerability, breach, or unauthorized access to the Service, you must immediately notify Delphi Labs Inc. at security@delphilabsinc.com and refrain from exploiting, disclosing, or publicizing such vulnerability.
3.7 Penalties for Violations
VIOLATION OF SECTION 3 MAY RESULT IN: (A) IMMEDIATE TERMINATION OF YOUR ACCOUNT AND ACCESS; (B) CIVIL LIABILITY FOR DAMAGES, INCLUDING STATUTORY DAMAGES OF UP TO $150,000 PER INFRINGEMENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT; (C) CRIMINAL PROSECUTION UNDER THE COMPUTER FRAUD AND ABUSE ACT (18 U.S.C. § 1030), WHICH CARRIES PENALTIES OF UP TO 20 YEARS IMPRISONMENT; AND (D) PROSECUTION UNDER STATE COMPUTER CRIME LAWS.
4. CONTENT WARNING AND AI DISCLAIMER
4.1 Unfiltered AI Content
⚠️ EXPLICIT CONTENT WARNING: THE ORACLE IS AN UNFILTERED ARTIFICIAL INTELLIGENCE PLATFORM. THE AI MAY PRODUCE CONTENT INCLUDING BUT NOT LIMITED TO: PROFANITY, ADULT THEMES, CONTROVERSIAL OPINIONS, EMOTIONALLY INTENSE RESPONSES, POLITICALLY SENSITIVE MATERIAL, RELIGIOUS COMMENTARY, VIOLENT DESCRIPTIONS, SEXUAL CONTENT, AND OTHER MATERIAL THAT MAY BE OFFENSIVE, DISTURBING, OR INAPPROPRIATE FOR SOME USERS.
4.2 AI Opinions and Statements
ALL OPINIONS, STATEMENTS, ADVICE, RECOMMENDATIONS, AND CONTENT GENERATED BY THE AI ARE SOLELY THOSE OF THE ARTIFICIAL INTELLIGENCE SYSTEM AND DO NOT REPRESENT THE VIEWS, OPINIONS, OR POSITIONS OF DELPHI LABS INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES.
The AI operates autonomously and may express views that Delphi Labs Inc. does not endorse, support, or agree with.
4.3 No Professional Advice
THE SERVICE DOES NOT PROVIDE AND IS NOT A SUBSTITUTE FOR: (A) LEGAL ADVICE FROM A LICENSED ATTORNEY; (B) MEDICAL ADVICE FROM A LICENSED HEALTHCARE PROVIDER; (C) FINANCIAL ADVICE FROM A LICENSED FINANCIAL ADVISOR; (D) MENTAL HEALTH TREATMENT FROM A LICENSED THERAPIST OR PSYCHIATRIST; (E) TAX ADVICE FROM A LICENSED TAX PROFESSIONAL; OR (F) ANY OTHER PROFESSIONAL ADVICE REQUIRING LICENSURE OR CERTIFICATION.
You acknowledge that AI-generated content may contain errors, inaccuracies, hallucinations, fabricated information, and misleading statements. You agree not to rely on AI-generated content for any decision that could affect your health, safety, legal rights, financial status, or well-being without independent verification by qualified professionals.
4.4 Medical and Mental Health Emergency Disclaimer
⚠️ EMERGENCY WARNING: THE ORACLE IS NOT A CRISIS SERVICE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, MENTAL HEALTH CRISIS, OR THOUGHTS OF SUICIDE OR SELF-HARM, IMMEDIATELY CONTACT: 911 (US EMERGENCY), 988 (US SUICIDE & CRISIS LIFELINE), OR YOUR LOCAL EMERGENCY SERVICES. DO NOT RELY ON AI FOR EMERGENCY ASSISTANCE.
The Service is not designed or intended to provide crisis intervention, suicide prevention, emergency medical advice, or mental health treatment. AI responses should never be considered a substitute for professional crisis intervention or emergency services.
4.5 High-Risk Use Prohibition
THE SERVICE SHALL NOT BE USED IN CONNECTION WITH:
- Medical diagnosis, treatment decisions, or healthcare delivery
- Operation of vehicles, aircraft, heavy machinery, or industrial equipment
- Nuclear facilities, power generation, or critical infrastructure control systems
- Life support systems or medical devices
- Air traffic control or transportation safety systems
- Emergency response or 911 dispatch systems
- Child safety or welfare determinations
- Criminal justice, sentencing, or parole decisions
- Credit scoring, lending decisions, or insurance underwriting where prohibited by law
- Any application where AI failure could result in death, personal injury, or significant property damage
4.6 Assumption of Risk
BY USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH USING AN UNFILTERED AI PLATFORM, INCLUDING BUT NOT LIMITED TO: EXPOSURE TO OFFENSIVE CONTENT, EMOTIONAL DISTRESS, PSYCHOLOGICAL IMPACT, RELIANCE ON INACCURATE INFORMATION, AND ANY CONSEQUENCES RESULTING FROM YOUR INTERACTIONS WITH THE AI.
5. LIMITATION OF LIABILITY
5.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DELPHI LABS INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, INTERNS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, punitive, or exemplary damages
- Loss of profits, revenue, data, goodwill, or business opportunities
- Emotional distress, mental anguish, psychological harm, or personal injury
- Cost of substitute goods or services
- Loss arising from unauthorized access to or alteration of your data
- Statements, conduct, or content of any third party or AI system
- Any errors, inaccuracies, or omissions in AI-generated content
- Personal injury or property damage resulting from your use of the Service
- Interruption of business or computer systems
- Any other damages arising from your use of or inability to use the Service
THIS EXCLUSION APPLIES REGARDLESS OF THE LEGAL THEORY UPON WHICH DAMAGES MAY BE SOUGHT, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND REGARDLESS OF WHETHER DELPHI LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 Cap on Liability
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF DELPHI LABS INC. FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO DELPHI LABS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).
5.3 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
6. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DELPHI LABS INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF LITIGATION) ARISING OUT OF OR RELATING TO:
- Your violation of this Agreement
- Your use or misuse of the Service
- Your violation of any law, regulation, or third-party rights
- Any content you submit, post, or transmit through the Service
- Your negligent or wrongful conduct
- Any claims that your use of the Service caused damage to a third party
- Your reliance on AI-generated content
Delphi Labs Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.
7. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, DELPHI LABS INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- TITLE
- QUIET ENJOYMENT
- ACCURACY OR RELIABILITY OF CONTENT
- AVAILABILITY, TIMELINESS, OR SECURITY
- WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
DELPHI LABS DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. BINDING ARBITRATION AND CLASS ACTION WAIVER
⚠️ PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
8.1 Agreement to Arbitrate
YOU AND DELPHI LABS INC. AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES.
8.2 Arbitration Procedures
- The arbitration shall be conducted in Wilmington, Delaware
- The arbitration shall be conducted by a single arbitrator with expertise in technology and intellectual property matters
- The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction
- The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act
- Discovery shall be limited to documents directly relevant to the dispute
- The arbitration proceedings and award shall be confidential
8.3 Class Action Waiver
YOU AND DELPHI LABS INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE, CLASS, OR COLLECTIVE PROCEEDING.
8.4 Waiver of Jury Trial
YOU AND DELPHI LABS INC. HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
8.5 Exception for Injunctive Relief
Notwithstanding the foregoing, Delphi Labs Inc. may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights, trade secrets, or confidential information.
9. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware.
10. DATA RIGHTS AND PRIVACY
10.1 Data Collection
We collect and process data as described in our Privacy Policy, which is incorporated into this Agreement by reference. By using the Service, you consent to such collection and processing.
10.2 AI Training Rights
YOU GRANT DELPHI LABS INC. A PERPETUAL, IRREVOCABLE, WORLDWIDE, ROYALTY-FREE, FULLY PAID-UP, SUBLICENSABLE LICENSE TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, AND DISPLAY ANY DATA, CONTENT, FEEDBACK, OR INPUTS YOU PROVIDE THROUGH THE SERVICE FOR THE PURPOSE OF IMPROVING, TRAINING, AND DEVELOPING OUR AI SYSTEMS AND SERVICES.
10.3 No Expectation of Privacy in AI Interactions
You acknowledge that your interactions with the AI may be logged, analyzed, and used for quality assurance, model improvement, and security purposes. You have no expectation of privacy in your AI interactions.
11. TERMINATION
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement. Upon termination: (a) your right to use the Service will immediately cease; (b) you must cease all use of the Service; (c) you must delete any downloaded materials; (d) all provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.
11A. PAYMENT TERMS, SUBSCRIPTIONS, AND REFUNDS
11A.1 Subscription Services
Certain features of the Service may require a paid subscription. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel. Subscription fees are billed in advance on a monthly or annual basis depending on your selected plan.
11A.2 Automatic Renewal
SUBSCRIPTIONS AUTOMATICALLY RENEW UNLESS CANCELLED BEFORE THE RENEWAL DATE. YOU MUST CANCEL AT LEAST 24 HOURS BEFORE THE END OF YOUR CURRENT BILLING PERIOD TO AVOID BEING CHARGED FOR THE NEXT PERIOD.
11A.3 Price Changes
We reserve the right to change subscription prices at any time. Price changes will be communicated via email or in-app notification at least 30 days before taking effect. Your continued use after a price change constitutes acceptance of the new price.
11A.4 Refund Policy
ALL SALES ARE FINAL. SUBSCRIPTION FEES ARE NON-REFUNDABLE EXCEPT WHERE REQUIRED BY APPLICABLE LAW. If you believe you are entitled to a refund due to technical issues that prevented use of the Service, you may submit a request to billing@delphilabsinc.com within 7 days of the charge. Refund requests are evaluated on a case-by-case basis at our sole discretion.
11A.5 Free Trials
We may offer free trials for certain subscription plans. Unless you cancel before the trial ends, your payment method will be charged the applicable subscription fee. Free trials are limited to one per user and may not be combined with other offers.
11A.6 Taxes
All fees are exclusive of taxes. You are responsible for paying all applicable taxes, including sales tax, VAT, GST, and other similar taxes imposed by any jurisdiction.
11A.7 Failed Payments
If payment fails, we may retry the charge, suspend your access, or terminate your subscription. You remain responsible for any uncollected amounts. We may engage collection agencies for unpaid balances.
12. API AND PROGRAMMATIC ACCESS
12.1 API Terms
If you access the Service through an API, you agree to additional restrictions: (a) you will not exceed rate limits or abuse the API; (b) you will not use the API to build a competing service; (c) you will implement reasonable security measures; (d) you will not share API credentials; (e) you will comply with all documentation and usage guidelines.
12.2 Rate Limiting and Fair Use
We reserve the right to impose rate limits, throttle usage, or suspend access to prevent abuse or ensure fair access for all users. Excessive automated requests, API abuse, or attempts to circumvent rate limits may result in immediate termination.
12.3 Output Restrictions
YOU MAY NOT USE AI-GENERATED OUTPUTS TO: (A) CLAIM THE OUTPUT WAS HUMAN-GENERATED WHEN DISCLOSURE IS REQUIRED BY LAW; (B) GENERATE SPAM OR UNSOLICITED COMMUNICATIONS; (C) CREATE FRAUDULENT OR DECEPTIVE CONTENT; (D) VIOLATE ANY PERSON'S RIGHTS; OR (E) TRAIN COMPETING AI MODELS WITHOUT EXPRESS WRITTEN PERMISSION.
13. ACCOUNT SECURITY AND RESPONSIBILITIES
13.1 Account Credentials
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other security breach.
13.2 Account Sharing
Accounts are for individual use only unless you have purchased a team or enterprise plan. You may not share your account credentials or allow multiple individuals to use a single account.
13.3 Account Suspension
We may suspend or terminate your account immediately if we detect: (a) unauthorized access attempts; (b) suspicious activity; (c) violation of these Terms; (d) fraudulent payment activity; (e) abusive behavior toward staff or other users; or (f) any activity that threatens the security or integrity of the Service.
14. DMCA AND COPYRIGHT POLICY
14.1 Copyright Infringement Claims
We respect intellectual property rights and respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been infringed, send a notice to our designated agent at: dmca@delphilabsinc.com
14.2 DMCA Notice Requirements
A valid DMCA notice must include:
- Physical or electronic signature of the copyright owner or authorized agent
- Identification of the copyrighted work claimed to be infringed
- Identification of the infringing material and its location
- Your contact information (address, phone, email)
- Statement of good faith belief that use is not authorized
- Statement under penalty of perjury that the notice is accurate
14.3 Repeat Infringer Policy
We maintain a policy of terminating accounts of users who are repeat infringers of copyright in appropriate circumstances.
15. BETA FEATURES AND EXPERIMENTAL SERVICES
CERTAIN FEATURES MAY BE DESIGNATED AS "BETA," "PREVIEW," "EXPERIMENTAL," OR SIMILAR. SUCH FEATURES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY AND MAY BE MODIFIED, SUSPENDED, OR DISCONTINUED AT ANY TIME WITHOUT NOTICE. YOUR USE OF BETA FEATURES IS AT YOUR OWN RISK.
Beta features may contain bugs, errors, or other issues. We make no guarantees regarding the availability, reliability, or functionality of beta features. Data created or stored using beta features may be lost without warning.
16. FEEDBACK AND SUGGESTIONS
IF YOU PROVIDE ANY FEEDBACK, SUGGESTIONS, IDEAS, IMPROVEMENTS, OR OTHER INPUT REGARDING THE SERVICE ("FEEDBACK"), YOU HEREBY GRANT DELPHI LABS INC. A PERPETUAL, IRREVOCABLE, WORLDWIDE, ROYALTY-FREE, FULLY PAID-UP, SUBLICENSABLE, TRANSFERABLE LICENSE TO USE, REPRODUCE, MODIFY, DISTRIBUTE, AND OTHERWISE EXPLOIT SUCH FEEDBACK FOR ANY PURPOSE WITHOUT COMPENSATION OR ATTRIBUTION TO YOU.
You waive any moral rights you may have in such Feedback. You represent that you have the right to provide such Feedback and that it does not violate any third-party rights.
17. THIRD-PARTY LINKS AND SERVICES
The Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. Your interactions with third parties are solely between you and such third parties.
18. SERVICE MODIFICATIONS AND DISCONTINUATION
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
We may also impose limits on certain features or restrict access to parts or all of the Service without notice or liability.
19. ACCESSIBILITY
We are committed to making the Service accessible to users with disabilities. If you experience accessibility issues or require accommodations, please contact us at accessibility@delphilabsinc.com.
20. ELECTRONIC COMMUNICATIONS AND NOTICES
By using the Service, you consent to receive electronic communications from us, including emails, push notifications, and in-app messages. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
Notices to you may be sent to the email address associated with your account. Notices to us must be sent to legal@delphilabsinc.com and shall be deemed received when actually received.
21. SURVIVAL OF TERMS
The following sections shall survive termination or expiration of this Agreement: Sections 2 (Intellectual Property), 3 (Prohibited Activities), 4 (Content Warning), 5 (Limitation of Liability), 6 (Indemnification), 7 (Disclaimer of Warranties), 8 (Arbitration), 9 (Governing Law), 10 (Data Rights), 14 (DMCA), 16 (Feedback), and any other provisions that by their nature should survive.
22. MISCELLANEOUS PROVISIONS
22.1 Entire Agreement
This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Delphi Labs Inc. regarding the Service and supersedes all prior agreements, representations, and understandings.
22.2 Severability
If any provision of this Agreement is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
22.3 Waiver
No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision shall not constitute a waiver of such right or provision.
22.4 Assignment
You may not assign or transfer this Agreement or your rights hereunder without our prior written consent. We may assign this Agreement without restriction. Any attempted assignment in violation of this section shall be void.
22.5 Force Majeure
Delphi Labs Inc. shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
22.6 Export Compliance
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control.
22.7 Government Users
If you are a U.S. government end user, the Service is a "Commercial Item" as defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. The Service is licensed to U.S. government end users only with the rights granted to all other end users pursuant to this Agreement.
22.8 Modifications
We reserve the right to modify this Agreement at any time. Material changes will be notified by posting the updated Agreement and changing the "Effective Date." Your continued use of the Service after such changes constitutes acceptance of the modified Agreement.
23. CONTACT INFORMATION
For questions about this Agreement, please contact:
Delphi Labs Inc.
Email: legal@delphilabsinc.com
Security Issues: security@delphilabsinc.com
Website: the-oracleai.com
BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND IT, AND AGREE TO BE LEGALLY BOUND BY ALL OF ITS TERMS AND CONDITIONS.