Terms of Service
Effective Date: April 8, 2026
Last Updated: April 8, 2026
This document is only available in English.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Delph-AI ("Delph-AI," "we," "us," or "our"), governing your access to and use of the Delph-AI platform, website, and related services (collectively, the "Service").
By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.
Table of Contents
- Acceptance and Eligibility
- Definitions
- Description of Service
- User Accounts
- Subscriptions, Records, and Payments
- Intellectual Property
- User Content
- Aggregated and Anonymized Data
- AI-Specific Terms
- Prohibited Uses
- Disclaimer of Warranties
- Third-Party Services and AI Providers
- Limitation of Liability
- Indemnification
- Force Majeure
- Termination and Cancellation
- Data Retention and Deletion
- Modifications and Notifications
- Governing Law, Dispute Resolution, and General Provisions
1. Acceptance and Eligibility
1.1. By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
1.2. You must be at least 16 years of age to use the Service. If you are under 18, you represent that your parent or legal guardian has consented to your use of the Service.
1.3. The Service is designed for professional and institutional use in the context of systematic literature reviews and academic research. Individual researchers, academic institutions, pharmaceutical companies, and other organizations may use the Service in accordance with these Terms.
1.4. You may not use the Service if you are located in a country subject to a comprehensive embargo by the United Nations, the European Union, the United States of America (including OFAC sanctions), or Mexico, or if you are on any applicable restricted party list.
2. Definitions
In these Terms, the following terms have the meanings set forth below:
- "Account" means your registered user account on the Platform.
- "Agreement Rate" means the level of consensus among AI Models on a given evaluation, expressed as a value between 0 and 1.
- "AI Models" means the third-party large language models and machine learning models used by the Service to evaluate Bibliographic Records, provided by Third-Party AI Providers.
- "Bibliographic Records" means the academic publication data (titles, abstracts, authors, and metadata) that you upload to the Service as part of a Dataset.
- "Dataset" means a collection of Bibliographic Records uploaded to the Service for use in a Screening.
- "Platform" means the Delph-AI web application, APIs, and related infrastructure.
- "Review Data" means all data you upload to, create within, or generate through the Service, including Datasets, Criteria, Screening configurations, and results.
- "Screening" means the automated evaluation process in which AI Models assess Bibliographic Records against user-defined inclusion and exclusion Criteria.
- "Criteria" means the inclusion and exclusion rules defined by you that AI Models use to evaluate Bibliographic Records.
- "Third-Party AI Providers" means the companies that provide AI Models used by the Service, including but not limited to OpenAI, Anthropic, Google, Mistral, and xAI.
- "Records" means the Bibliographic Records processed by the Service. Records are the unit of billing — each Record in your dataset counts toward your plan's allowance.
- "Version" means a recalculation of Screening results based on modified exclusion criteria, without re-triggering AI evaluations.
3. Description of Service
3.1. Delph-AI is a software-as-a-service platform that assists researchers in the title and abstract screening phase of systematic literature reviews. The Service uses multiple AI Models from different Third-Party AI Providers to evaluate Bibliographic Records against user-defined Criteria using a multi-model consensus method inspired by the Delphi method.
3.2. The Service is a tool to support the screening process. It does not replace human judgment, professional expertise, or the methodological rigor required for systematic reviews. For details on how our AI works, see our How Our AI Works page.
3.3. The Service is provided subject to availability. We may modify, update, suspend, or discontinue any part of the Service at any time. Material changes to the Service will be communicated in accordance with Section 18.
3.4. Features, pricing, and supported AI Models may change over time. We do not guarantee that any specific AI Model will remain available indefinitely.
4. User Accounts
4.1. To use the Service, you must create an Account by providing accurate, complete, and current information. You agree to keep your Account information updated.
4.2. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account, whether or not authorized by you.
4.3. You must not share your Account credentials with any other person. Each Account is for a single individual user. If you need multiple users, you must obtain separate Accounts or a Team or Enterprise plan.
4.4. You must notify us immediately at security@delph-ai.org if you become aware of any unauthorized access to or use of your Account.
4.5. We reserve the right to suspend or terminate your Account if we reasonably believe that your Account has been compromised, that you have violated these Terms, or that your use of the Service poses a risk to us or other users.
5. Subscriptions, Records, and Payments
5.1. Plans and Pricing
The Service is available through the following subscription plans. A Free Trial of 500 records is available one time per payment method (card).
| Plan | Monthly Price | Records/Month | Max Criteria | Max Models |
|---|---|---|---|---|
| Free | $0 (card required) | 500 (one-time) | 5 | 3 |
| Starter | $499 USD | 750 | 7 | 3 |
| Pro | $989 USD | 1,500 | 10 | 3 |
| Team | $1,899 USD | 3,000 | 15 | 5 |
| Enterprise | Contact sales | Custom | Custom | Custom |
Pricing is subject to change. Changes to pricing for existing subscribers will take effect at the beginning of the next billing cycle following 30 days' notice.
5.2. Record Packages
You may purchase additional Record packages. Record packages are available to any registered user, with or without an active subscription. They add records only — plan limits for criteria and models are not affected.
| Package | Records | Price |
|---|---|---|
| Lite | 1,000 | $749 USD |
| Standard | 2,000 | $1,449 USD |
| Plus | 5,000 | $3,499 USD |
| Bulk | 10,000 | $6,799 USD |
5.3. Record Debit Policy
Records are debited at the time you submit a Screening for processing, not upon completion. The number of records debited equals the total number of Bibliographic Records in your dataset. The costs of AI Model API calls are incurred at the time of processing, regardless of the outcome.
- If a Screening fails due to a technical error attributable to Delph-AI (such as a server crash or database failure), the debited records will be re-credited to your Account.
- If a Screening fails due to invalid input, insufficient data, or other causes attributable to you, records will not be re-credited.
- For the avoidance of doubt, inherent behaviors of Third-Party AI Models (including inaccurate outputs, hallucinations, unexpected classifications, or rate limiting by the AI provider) are not considered technical errors attributable to Delph-AI and do not give rise to record re-credits.
5.4. Record Balances and Expiration
Your account maintains two separate record balances:
- Subscription records (included in your plan) reset at the beginning of each billing period. Unused subscription records do not roll over to the next period.
- Purchased record packages do not expire and accumulate in a separate balance.
- When submitting a Screening, subscription records are consumed first (since they expire), followed by extra records.
5.5. Plan Limits
Each plan includes limits on the number of criteria, AI models, and reasoning models you may select per Screening. These limits cannot be exceeded by purchasing additional record packages — to increase these limits, you must upgrade your plan.
5.6. Service Limits
- You may have a maximum of 3 Screenings in "ongoing" (processing) status simultaneously, regardless of your plan. Attempting to submit a fourth will be rejected.
- Screenings in "ongoing" status cannot be cancelled by you. Only Delph-AI may cancel a Screening internally in exceptional circumstances.
- You may have a maximum of 100 active (non-deleted) projects at any time.
5.7. Free Trial
The Free Trial provides 500 records for one-time use. A valid payment method (credit or debit card) is required via Stripe Setup Intent. No charge is made during the trial. The Free Trial is limited to one per payment method (determined by card fingerprint). Abuse of the trial system may result in account restriction.
5.8. Payments
All payments are processed in USD exclusively through Stripe, our third-party payment processor. We never receive, store, or process your credit card number or payment card details. All payment data is handled by Stripe in accordance with PCI-DSS standards.
You are responsible for all applicable taxes, duties, and levies (including VAT, GST, and sales tax) associated with your use of the Service, except for taxes based on Delph-AI's income.
5.9. Billing and Renewal
Subscriptions renew automatically at the end of each monthly billing period unless you cancel before the end of the current period. You may cancel your subscription at any time through your Account settings. Upon cancellation, you will retain access to the Service until the end of your current paid period.
5.10. Refund Policy
Subscription fees and record package purchases are generally non-refundable, except:
(a) Where required by applicable law;
(b) If Delph-AI terminates your Account without cause, in which case we will refund the pro-rata portion of any prepaid subscription fees for the remaining period;
(c) If the Service is permanently discontinued, in which case we will refund unused prepaid subscription fees on a pro-rata basis.
Additional refund rights may apply to consumers in certain jurisdictions (see Section 19.5).
6. Intellectual Property
6.1. The Service, including its source code, algorithms, user interface, design, branding, trademarks, and all related intellectual property, is and remains the exclusive property of Delph-AI and its licensors.
6.2. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for its intended purpose.
6.3. Nothing in these Terms grants you any right to the source code, underlying algorithms, AI Models, or training data used by the Service or by Third-Party AI Providers.
6.4. All rights not expressly granted in these Terms are reserved by Delph-AI.
7. User Content
7.1. You retain full ownership of your Review Data. Delph-AI does not claim any ownership rights over your Datasets, Criteria, Screening configurations, results, or any other data you upload to or create within the Service.
7.2. You grant Delph-AI a limited, non-exclusive license to use, process, store, and transmit your Review Data solely for the purpose of operating, maintaining, and providing the Service to you. This license terminates when you delete your data or your Account, subject to Section 17 (Data Retention and Deletion).
7.3. Delph-AI does not use your Review Data to train, fine-tune, or improve any AI models. Our agreements with Third-Party AI Providers include terms that prohibit the use of API data for model training.
7.4. You represent and warrant that you have the right to upload and use all Review Data that you submit to the Service, and that your Review Data does not infringe any third party's intellectual property rights or violate any applicable law.
7.5. You are solely responsible for the accuracy, quality, legality, and appropriateness of your Review Data. Delph-AI does not verify the accuracy or completeness of Bibliographic Records you upload.
8. Aggregated and Anonymized Data
8.1. Delph-AI may create, use, and retain aggregated and anonymized data derived from your use of the Service. Aggregated and anonymized data does not identify you or any individual user.
8.2. We may use aggregated and anonymized data for:
- Improving and developing the Service;
- Internal analytics and benchmarking;
- Research and statistical purposes;
- Generating industry insights (e.g., average screening sizes, model performance trends).
8.3. We will never sell aggregated or anonymized data to third parties, use it for targeted advertising, or use it to train AI models in a way that could reconstruct individual user data.
9. AI-Specific Terms
This section describes important terms specific to the AI-powered features of the Service. Please read it carefully.
9.1. Nature of AI Outputs
The Service uses multiple AI Models from Third-Party AI Providers to evaluate Bibliographic Records. The evaluations, classifications, Agreement Rates, and any other outputs generated by the AI Models ("AI Outputs") are produced by probabilistic machine learning systems and:
(a) May contain errors, inaccuracies, or omissions. AI Models may produce incorrect evaluations, including false inclusions, false exclusions, or inconsistent results;
(b) Are not verified for accuracy by Delph-AI. We do not manually review individual AI evaluations;
(c) May vary between executions. Running the same Screening with the same parameters may produce slightly different results due to the probabilistic nature of AI Models;
(d) May be similar to outputs provided to other users. If other users evaluate similar Bibliographic Records with similar Criteria, they may obtain similar or identical results. This is expected behavior, not a defect.
9.2. AI Outputs Are Not Professional Advice
AI Outputs are provided as decision-support tools and do not constitute medical, scientific, legal, or professional advice of any kind. Specifically:
(a) AI Outputs do not replace human review of a systematic literature review. Current best practices (including PRISMA, the Cochrane Handbook, and the RAISE reporting guidelines) recommend human oversight of AI-assisted screening;
(b) AI Outputs must not be used as the sole basis for clinical decisions, treatment recommendations, public health policies, or any other decision that may affect human health or safety;
(c) The use of Delph-AI does not guarantee that your systematic review will comply with the standards of any organization, including Cochrane, the Joanna Briggs Institute (JBI), the Campbell Collaboration, or any journal's publication requirements;
(d) The quality of AI Outputs depends on the quality of your inputs. The accuracy of Screening results is directly affected by the clarity and specificity of your Criteria, the completeness of your Bibliographic Records, and the appropriateness of the AI Models you select.
9.3. Your Obligation to Verify
You agree to independently review and verify all AI Outputs before relying on them for inclusion/exclusion decisions in your systematic review or for any other purpose. You accept full responsibility for how you use AI Outputs.
9.4. Multi-Model Consensus
The Service uses a consensus mechanism in which multiple AI Models independently evaluate each Bibliographic Record. The Agreement Rate reflects the level of concordance among models. A higher Agreement Rate generally indicates greater confidence in the evaluation, but does not guarantee correctness. The final classification is determined by a weighted consensus, not by any single model.
9.5. No Training with Your Data
Delph-AI does not use your Review Data, Criteria, or AI Outputs to train, fine-tune, or improve any machine learning models. Our agreements with Third-Party AI Providers include terms that prohibit the use of API inputs and outputs for model training.
9.6. Third-Party AI Models
The AI Models used by the Service are provided by third-party companies (currently including OpenAI, Anthropic, Google, Mistral, and xAI). Delph-AI does not own, control, or guarantee the availability, accuracy, performance, or continued existence of any Third-Party AI Model. See Section 12 for more information.
10. Prohibited Uses
You agree not to use the Service for any of the following purposes. Violation of this section may result in immediate suspension or termination of your Account without prior notice.
10.1. Prohibited Data
You must not upload, submit, or process through the Service:
(a) Personal health information (PHI) or any data protected under HIPAA, or special categories of personal data as defined in Article 9 of the GDPR (including health data, genetic data, or biometric data);
(b) Personal data of minors under the age of 16;
(c) Classified, military, or national security information;
(d) Personal financial data (credit card numbers, bank account numbers, social security numbers).
10.2. Prohibited Uses of the Service
You must not:
(a) Use AI Outputs as the sole basis for clinical decisions, medical treatment, or public health policies without qualified professional supervision;
(b) Use the Service for military purposes, surveillance, weapons development, or intelligence gathering;
(c) Redistribute, resell, sublicense, or make the Service available to third parties, whether for a fee or free of charge;
(d) Use the Service to build a competing product or service, or copy any features, functions, or graphics of the Service;
(e) Use AI Outputs to train, fine-tune, or improve any machine learning or artificial intelligence model, whether your own or a third party's;
(f) Provide the Service to third parties on a time-sharing, service bureau, or similar basis;
(g) Engage in automated scraping, crawling, or mass data extraction from the Service.
10.3. Prohibited Conduct
You must not:
(a) Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;
(b) Circumvent, disable, or interfere with any usage limits, security measures, or access controls of the Service;
(c) Interfere with the integrity, security, or availability of the Service or the experience of other users;
(d) Share your Account credentials or provide access to non-public features to unauthorized persons;
(e) Misrepresent AI Outputs as human-authored reviews or as endorsed or approved by Delph-AI;
(f) Infringe the intellectual property rights of any third party through your use of the Service;
(g) Violate any applicable law, regulation, or third-party right through your use of the Service.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DELPH-AI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
DELPH-AI DOES NOT WARRANT THAT:
(A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(B) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE, INCLUDING AI OUTPUTS, WILL BE ACCURATE, RELIABLE, OR COMPLETE;
(C) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
(D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED;
(E) THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE, SOFTWARE, OR NETWORK CONFIGURATION.
YOU ACKNOWLEDGE THAT AI OUTPUTS ARE GENERATED BY PROBABILISTIC MACHINE LEARNING MODELS AND THAT SUCH OUTPUTS MAY CONTAIN ERRORS, HALLUCINATIONS, OR INACCURACIES. YOU USE THE SERVICE AND RELY ON AI OUTPUTS ENTIRELY AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions apply to the maximum extent permitted by applicable law.
12. Third-Party Services and AI Providers
12.1. The Service relies on third-party services and AI Models to function, including but not limited to:
- AI Model Providers: OpenAI, Anthropic, Google (Vertex AI), Mistral, xAI
- Cloud Infrastructure: Google Cloud Platform
- Authentication: Firebase (Google)
- Payment Processing: Stripe
- Transactional Email: Resend
For a complete and current list of sub-processors, see our Sub-Processors page.
12.2. Delph-AI is not responsible for the acts, omissions, availability, performance, or policies of any third-party service provider. Third-party services are subject to their own terms of service and privacy policies.
12.3. Delph-AI is not liable for any intellectual property claims arising from the underlying AI Models or their training data, which are developed, owned, and operated by Third-Party AI Providers.
12.4. Third-Party AI Providers may change, deprecate, or discontinue their models or services at any time. Delph-AI will make commercially reasonable efforts to maintain the availability of the Service, but does not guarantee the continued availability of any specific AI Model.
13. Limitation of Liability
13.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF DELPH-AI ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100 USD); OR (B) THE TOTAL FEES PAID BY YOU TO DELPH-AI DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13.2. IN NO EVENT SHALL DELPH-AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:
(A) LOSS OF PROFITS, REVENUE, OR BUSINESS;
(B) LOSS OF DATA OR REVIEW DATA;
(C) LOSS OF GOODWILL OR REPUTATION;
(D) BUSINESS INTERRUPTION;
(E) COST OF PROCUREMENT OF SUBSTITUTE SERVICES;
(F) ANY DECISIONS MADE OR ACTIONS TAKEN IN RELIANCE ON AI OUTPUTS;
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DELPH-AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.3. The limitations in this section do not apply to: (a) Delph-AI's willful misconduct or gross negligence; (b) fees owed by you to Delph-AI. For the avoidance of doubt, indemnification obligations under Section 14 are subject to the aggregate liability cap in Section 13.1.
13.4. Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the liability of Delph-AI shall be limited to the maximum extent permitted by applicable law.
14. Indemnification
14.1. Your Indemnification of Delph-AI
You agree to indemnify, defend, and hold harmless Delph-AI, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
(a) Your Review Data, including any claim that your Review Data infringes any third party's rights;
(b) Your violation of Section 10 (Prohibited Uses);
(c) Your use of AI Outputs, including any decisions made or actions taken based on AI Outputs;
(d) Your violation of any applicable law or regulation;
(e) Your breach of these Terms.
14.2. Delph-AI's Indemnification of You
Delph-AI will indemnify, defend, and hold you harmless from and against any third-party claim alleging that the Service itself (excluding your Review Data, AI Outputs, and Third-Party AI Models) infringes any third party's intellectual property rights, provided that you: (a) promptly notify Delph-AI of the claim; (b) grant Delph-AI sole control of the defense and settlement; and (c) cooperate with Delph-AI as reasonably requested.
14.3. Exclusions from Delph-AI's Indemnification
Delph-AI shall not be obligated to indemnify you for claims arising from: (a) AI Outputs or their use; (b) the intellectual property of AI Models, training data, or other materials provided by Third-Party AI Providers; (c) your Review Data; (d) modifications you make to the Service or its outputs; (e) your use of the Service in violation of these Terms.
15. Force Majeure
15.1. Neither party shall be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) if such delay or failure results from circumstances beyond its reasonable control, including but not limited to:
(a) Natural disasters, epidemics, pandemics, fires, floods, or severe weather;
(b) War, terrorism, civil unrest, sanctions, or embargoes;
(c) Government actions, regulations, or orders;
(d) Failures, outages, or service disruptions of Third-Party AI Providers (including changes to their APIs, pricing, or availability);
(e) Failures or outages of cloud infrastructure providers (including Google Cloud Platform);
(f) Cyberattacks, distributed denial-of-service (DDoS) attacks, or other security incidents beyond the affected party's reasonable control;
(g) Labor disputes, strikes, or shortages;
(h) Internet or telecommunications failures.
15.2. The affected party shall notify the other party without undue delay and shall use commercially reasonable efforts to mitigate the impact of the force majeure event.
15.3. If a force majeure event continues for more than 90 consecutive days, either party may terminate these Terms upon written notice to the other party.
16. Termination and Cancellation
16.1. Cancellation by You
You may cancel your subscription at any time through your Account settings. Upon cancellation:
(a) You will retain access to the Service until the end of your current paid billing period;
(b) No further charges will be incurred after the current period ends;
(c) Unused subscription records for the current period will remain available until the period ends, after which they reset.
16.2. Termination by Delph-AI for Cause
Delph-AI may terminate or suspend your Account:
(a) With 15 days' written notice if you breach these Terms and the breach is curable, to give you an opportunity to cure;
(b) Immediately and without notice if: (i) you engage in fraud; (ii) you violate Section 10 (Prohibited Uses); (iii) your continued use poses an imminent risk to other users, the Service, or Delph-AI; or (iv) we are required to do so by law.
16.3. Termination by Delph-AI Without Cause
Delph-AI may terminate your Account without cause upon 30 days' written notice. In such case, we will refund the pro-rata portion of any prepaid subscription fees for the remaining period.
16.4. Discontinuation of the Service
Delph-AI may discontinue the Service entirely upon 90 days' written notice to all users. In such case, we will refund unused prepaid subscription fees on a pro-rata basis.
16.5. Effect of Termination
Upon termination:
(a) Your license to use the Service immediately terminates;
(b) You may export your Review Data during the applicable grace period (see Section 17);
(c) Sections 6, 7.3, 8, 9, 11, 13, 14, 17, and 19 survive termination.
17. Data Retention and Deletion
17.1. Upon deletion of your Account, the following grace periods apply:
| Data | Grace Period | After Grace Period |
|---|---|---|
| User Account | 90 days (restorable) | Personal data anonymized (name, email, organization, title, position, country → nullified or irreversibly hashed) |
| Projects | 60 days (restorable) | Association with user anonymized |
| Screenings (non-draft) | 30 days (restorable) | Association with user anonymized |
| Screenings (draft) | Immediate hard delete | — |
| Bibliographic Records | Retained indefinitely | De-identified (public academic data) |
| Billing data | 7 years | Required by tax law |
| Security logs | 12 months maximum | Then deleted |
17.2. During the applicable grace period, you may restore your Account, projects, or screenings. After the grace period expires, anonymization is irreversible.
17.3. For complete information about how we handle your data, please see our Privacy Policy.
18. Modifications and Notifications
18.1. Delph-AI reserves the right to modify these Terms at any time. For material changes:
(a) We will provide at least 30 days' notice before the changes take effect;
(b) Notice will be sent to the email address associated with your Account and displayed as a prominent banner within the Service;
(c) The notice will include a summary of the material changes and a link to the updated Terms;
(d) If you do not agree with the changes, you may cancel your Account before the changes take effect and receive a pro-rata refund of prepaid subscription fees for the remaining period.
18.2. Your continued use of the Service after the 30-day notice period constitutes acceptance of the modified Terms.
18.3. Non-material changes (such as typographical corrections or clarifications that do not affect your rights or obligations) may take effect immediately upon posting.
18.4. Changes required by law, regulation, or court order may take effect immediately without the 30-day notice period.
18.5. We will maintain a publicly accessible changelog of previous versions of these Terms.
19. Governing Law, Dispute Resolution, and General Provisions
19.1. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United Mexican States (Mexico), without regard to conflict of law principles.
19.2. Mandatory Consumer Protections
If you are a consumer residing in the European Economic Area (EEA), the United Kingdom, Brazil, or any other jurisdiction with mandatory consumer protection laws, nothing in these Terms shall deprive you of the protection afforded by the mandatory provisions of the law of your country of residence.
19.3. Dispute Resolution
Any dispute arising out of or in connection with these Terms shall be resolved as follows:
(a) Negotiation (30 days). The parties shall first attempt to resolve the dispute through good-faith negotiation. Either party may initiate this process by sending a written notice describing the dispute to the other party.
(b) Mediation (30 days). If negotiation fails, the parties shall attempt mediation before a mutually agreed mediator.
(c) Litigation. If mediation fails, the dispute shall be submitted to the exclusive jurisdiction of the competent courts of Mexico City, Mexico, except where mandatory consumer protection laws grant you the right to bring proceedings in your local courts.
(d) Small Claims Exception. Notwithstanding the above, either party may bring an individual action in a court of competent jurisdiction for disputes involving amounts not exceeding $10,000 USD.
19.4. No Class Actions
To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class, consolidated, or representative action. This provision does not apply if prohibited by the mandatory consumer protection laws of your jurisdiction.
19.5. EU Consumer Right of Withdrawal
If you are a consumer residing in the European Economic Area, you may have the right to withdraw from your purchase within 14 days without giving any reason, in accordance with applicable EU consumer protection law. To exercise this right, contact us at legal@delph-ai.org. We will process eligible refund requests in accordance with applicable law.
19.6. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
19.7. Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. Delph-AI may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms.
19.8. Waiver
The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it in the future.
19.9. Entire Agreement
These Terms, together with the Privacy Policy, the Sub-Processors page, and the How Our AI Works page, constitute the entire agreement between you and Delph-AI with respect to the Service and supersede all prior agreements and understandings.
19.10. Contact Us
If you have any questions about these Terms, please contact us:
- Legal inquiries: legal@delph-ai.org
- Privacy inquiries: privacy@delph-ai.org
- Security reports: security@delph-ai.org
- General support: support@delph-ai.org