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Terms Of Service
Please read these Terms of Service (the “Terms”) carefully as they govern (i) your (”user(s),” “you” or “your”) access to and use of our website, https://delaplex.digital//, (the “Site”), (ii) your access to and use of mobile applications, software products, content and updates offered by us (“Software Products”) or (iii) other services that link to or reference these Terms (together with the Site, and the Software Products, the “Services”), and contain important information about your legal rights, remedies and obligations. By accessing or using the Services, you are agreeing to these Terms and concluding a legally binding contract with delaplex.digital. and its affiliates (the “Company,” “we,” “us” or “our”). delaPlex Digital is an AI-driven product co-powered by delaPlex Limited and MangoDoc.ai.
MangoDoc.ai is responsible for the delivery of the product, ensuring it meets industry standards and complies with all relevant legal requirements, including privacy laws such as GDPR and DPDP.
You represent that you have read and understood our Privacy Policy, which is available at https://delaplex.digital/privacy-policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms or Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding or other legal process served on us; or (iv) protect our rights, reputation, and property or that of our users, affiliates or the public. Do not access or use the Services if you are unwilling or unable to be bound by the Terms. PLEASE NOTE: SECTION 14.2 (FORMAL DISPUTE RESOLUTION OUTSIDE OF THE EEA) OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT APPLIES TO ALL USERS OF OUR SERVICES OUTSIDE OF THE EUROPEAN ECONOMIC AREA (THE “EEA”). SECTION 14.2 (FORMAL DISPUTE RESOLUTION OUTSIDE OF THE EEA) AFFECTS HOW DISPUTES WITH US ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THIS BINDING ARBITRATION AND CLASS ACTION WAIVER CLAUSE. IF YOU ARE A RESIDENT OF THE EEA, THEN SECTION 14.2 (FORMAL DISPUTE RESOLUTION OUTSIDE OF THE EEA) DOES NOT APPLY TO YOU.
Table of Contents
Modifications
We may modify the Terms from time to time. The most current version of these Terms will be located at https://delaplex.digital/terms-of-service/. You understand and agree that your access to or use of the Services is governed by the Terms effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by push notification and/or by posting a notice on the Site at least thirty (30) days prior to the effective date of the changes. If we are required by applicable data protection laws to give you enhanced notice or seek your consent for any such changes, we will do so. You can see when the terms of service were last updated by checking the “last updated” date displayed at the top of this terms of service. Any revised Terms of Service will supersede all previous terms of service.
Using the Services
2.1. Eligibility. To access or use the Services, you must be at least 18 years old (or the age of majority where you live) and have the requisite power and authority to enter into these Terms, or you must be between the ages of 13 and 17 and obtain the consent of your parent or legal guardian to use the Services. Parents are responsible for the acts of their children that are under 18 years old when their children use the Services. The Company recommends that parents and legal guardians familiarize themselves with parental controls on devices they provide their children. The Services are not offered to users under the age of 13. You may not access or use the Services if we have previously banned you from the Services.
2.2. Permission to Use the Services. The Services are provided for your enjoyment, and unless otherwise specified on or in the Services, are solely for your personal use. We hereby grant you a personal, non-exclusive, non-transferable, terminable license to view and use the Services only for your personal use, subject to your compliance with these Terms. Except as expressly provided herein, we do not grant you any other express or implied rights or license in or to the Services, and all rights, title and interest that we have in the Services’ and rights not explicitly granted to you by the Company or the Company’s licensors are retained by the Company or the Company’s licensors, respectively. Your use of the Services is at your own risk, including the risk that you might be exposed to Content (as defined below) that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Except as expressly set forth in the Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display or sell in any form or by any means, in whole or in part, the Content of the Services without the Company’s or our licensors’ express prior written permission. This includes, but is not limited to scraping user locations or utilizing any non-public information about our Services or other users and migrating that data anywhere.
The licenses granted to you are conditioned upon your proper conduct and compliance with these Terms at all times, as judged by the Company in the Company’s sole discretion. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Services.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by the Company without restriction. Any attempted assignment by you without our consent is a violation of these Terms and is void.
2.3. Service Availability. The Services may be modified, updated, interrupted, suspended or discontinued by the Company at any time without notice or liability.
2.4. User Accounts. You must create a user account (“Account”) and provide certain personal information in order to use some of the features that are offered through the Services. Providing the Company with your personal information is your choice. You acknowledge and agree that you have no ownership or other proprietary interest in such Account.
Your Account is for personal, non-commercial use only. To create an Account, you must be eligible to use the Service for which you are registering, be a resident of a country where use of the Services is permitted, have a valid email address and provide truthful and accurate information. You may not impersonate someone else, create or use an Account for anyone other than yourself, provide an email address other than your own. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information during your use of the Services, use the same Account information on other sites or allow other sites to share information about you with us. Please read our Privacy Policy for more information.
In addition, to create an Account, the Company may require you to select a username and password. You acknowledge that you shall be responsible for ensuring that any username you select does not infringe any third party rights and is not otherwise unlawful. The Company may refuse to grant you a username in the Company’s sole discretion for any reason including if the proposed username impersonates or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by the Company in the Company’s sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and the Company reserves the right to revoke and/or reassign that username in the Company’s sole discretion. You understand and agree that the Company reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in the Company’s sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF SERVICES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU. YOUR ACCOUNT MAY BE SUSPENDED OR TERMINATED IF SOMEONE ELSE USES YOUR ACCOUNT TO ENGAGE IN ACTIVITY THAT VIOLATES THESE TERMS.
You agree to notify the Company immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time if you violate these Terms or if we otherwise have a legitimate interest to do so, such as complying with a legal or regulatory obligation.
2.5. Communication from the Company and Other Users. By creating an Account, you agree to receive certain communications in connection with the Services. For example, you might receive mentions in comments, notifications that new members have joined an organization, that a subscribed publication list was updated, or regarding website analytics. You will also receive our monthly email newsletter and promotion documents about our Services. You can opt-out of non-essential communications by clicking the “unsubscribe” button in the email or in-site mails sent by us.
Data Management & Privacy
delaplex.digital was designed with security, confidentiality, and compliance
in mind to meet the requirements of highly regulated professionals and
industries. We are committed to full transparency regarding your data and
how it is used. This page summarizes our approach and provides insight into
the security and controls we provide to our users.
3.1 Your content is confidential. As a result of the controls we have
implemented, our technology partners ensure that you are allowed to delete
your data or submit a request to digital@delaplex.com.
The delaplex.digital team will delete your data and provide confirmation within
a 72-hour SLA. We won’t use your data to improve models, and neither us nor our
technology partners will use your data other than to address your prompts and provide
a response. Any exceptions to this rule are clearly indicated to ensure you remain
in full control over your content.
3.2 Your content is encrypted and secured. Your data is secured and encrypted
in transit and at rest using industry best practices.
3.3 You own your content. You assume all risks associated with Your Content,
including anyone’s reliance on the quality, accuracy, or reliability of Your Content,
or any disclosure by you of information in Your Content that makes you personally
identifiable. We don’t claim any ownership of your inputs to our services (data and
prompts/templates). You own the output of our services (responses to your data and
prompts). You may choose to share your templates within your organization or make it
public for the benefit of the delaplex.digital community. We only use your data to address
your prompts (questions) and provide responses. The data passes through knowledge graph
embedding (KGE), also referred to as knowledge representation learning (KRL), or
multi-relation learning, and through the Language Learning Model (as of today we provide
Azure.ai and Open.ai, and their privacy policies are on their website). Other than the above,
we have no rights to your data and do not utilize it in any form, original or reproduced.
3.4 You control your content. We use your content to provide our services, as well
as to provide any support services requested by you. Your content may be used to improve
the functionality of our services, as well as to enforce our policies and comply with
applicable law. You can choose to delete your content at any time or request the
delaplex.digital team to delete it for you and provide a confirmation within 72 hours.
Simply send an email to digital@delaplex.com.
3.5 Privacy Policy. This privacy policy (“Privacy Policy”) explains how information
about you is collected, used, and disclosed by delaplex.digital. This Privacy Policy applies
to information we collect when you use our websites https://delaplex.digital/
(the “Site”) and other online products and services (collectively, our “Services”). By downloading,
accessing, using, and/or interacting with our Services, you agree and expressly consent to our collection,
use, and disclosure of the information that you provide as described in this Privacy Policy. This Privacy
Policy is incorporated by reference into the Terms of Service available at (our “Terms of Service”) and is
subject to the provisions of the Terms of Service. Capitalized terms used but not defined in this Privacy
Policy shall have the meaning ascribed to such terms in our Terms of Service. If you have any concerns about
providing information to us or the use of that information as described in this Privacy Policy, you should
not use our Services. Because we are always looking for new and innovative ways to help you achieve your goals
in connection with the use of our Services, this Privacy Policy may change over time, so please review it frequently.
The effective date at the top indicates the last time this Privacy Policy was modified. If we modify the terms of this
Privacy Policy, we will notify you by push notification, and/or by posting a notice on our website thirty (30) days
prior to the effective date of the changes. If we are required by applicable data protection laws to give you enhanced
notice or seek your consent for any such changes, we will do so. You can see when this policy was last updated by
checking the “last updated” date displayed at the top of this policy. Any revised Privacy Policy will supersede all
previous privacy policies.
a. Personal Information We Collect
| Categories of Personal Information | Specific Types Collected |
|---|---|
| Identifiers | Real name, username, internet protocol address, email address, account password |
| Internet or other similar network activity | Information on a consumer’s interaction with a website, application, or advertisement |
| Professional or employment related information | Current or past job history |
| Inferences drawn from Personal Information | Profiles reflecting a person’s behavior and attitudes |
| User-Generated Profiles and Content | User profiles, avatar, video or voice broadcasts, user-generated graphics, video, livestream, broadcast, or text information. |
| Device information | Unique device identifiers, and country of access |
| Software information | Operating system and version |
| User information | A user’s browser type, timestamp, time zone setting and location, browser plug-in types and versions, user content data, user activity, user interactions, and pages visited |
| Cookies | The small data files stored on your hard drive or in device memory that help us to improve our Services and your experience, see which areas and features of our Services are popular, and count visits. For more information about cookies, and how to disable them, please see Section 9 (Your Controls) below. |
| Web Beacons | Also known as “tracking pixels,” electronic images that may be used in our Services or emails to help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. |
| Various tracking technologies | Such as local shared objects (also referred to as “Flash Cookies”) and HTML5 local storage that operate similarly to cookies in the way they are stored on your device and can be used to store certain information about your activities and preferences across different services and sessions. |
| Publicly available information | User publication information from sites like Google Scholar or ArXiv |
b. How We Collect Information.
| Third Party | Privacy Policy | Personal Information We Receive |
|---|---|---|
| YouTube | https://policies.google.com/privacy | User-generated videos hosted by YouTube |
| Vimeo | https://vimeo.com/privacy | User-generated videos hosted by Vimeo |
https://twitter.com/en/privacy | Twitter feed information |
| Categories of Personal Information | How We Collect It |
|---|---|
| Identifiers | Directly from you when a user signs in using Google. Automatically from you when you request support. |
| Internet or other similar network activity | Automatically from you when you use our Services. |
| Professional or employment related information | Directly from you. |
| Inferences drawn from Personal Information | Automatically from you when you use our Services. |
| User-Generated Profiles and Content | Directly from you. |
| Device information | Automatically from you when you use our Services or request support. From our Third Party Sources. |
| Software information | Automatically from you when you use our Services. From our Third Party Sources. |
| User information | Automatically from you when you use our Services. From our Third Party Sources. |
| Cookies | Automatically from you when you use our Services. For more information about cookies, and how to disable them, please see Section 9 (Your Controls) below. |
| Web Beacons | Automatically from you when you use our Services. |
| Various tracking technologies | Automatically from you when you use our Services. Information about disabling or deleting information contained in Flash Cookies can be found here . |
| Publicly available information | Directly from you. From publicly accessible sources. |
c. How And Why We Use Your Personal Information.
| Context of Use | Personal Information Collected | Used… |
|---|---|---|
| Account registration | Full name (optional), email, password, and professional or employment information | With your consent |
| Account management | Full name (optional), email, password, and professional or employment information | With your consent |
| Search | User-generated profiles and content, including publications, journal articles, conference proceedings, books, slideshows, and images | With your consent |
| Graphic, video sharing/Post information and videos | We will collect content (text, picture, video) you actively provide when using posting functions | With your consent For the performance of our contract |
| Customer service and dispute resolution | We may need you to provide name, email and other contact information, city / region information to help you solve problems | With your consent For the performance of our contract |
| We may collect your communication information with us (including text, picture, audio and video, and call record forms) and other necessary information related to your request | To comply with our legal and regulatory obligations For our legitimate interest of documenting recurring issues so we can better optimize your experience |
d. Ways You Might Share Your Personal Information Through Our Services </strong >Social Sharing Features. Our Services may offer social sharing features and other integrated tools which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide such features.
e. Where Your Personal Information Is Held. We store information about users on servers primarily located in Oregon, United States of America. If you are accessing our Services from outside of the United States of America, please know personal information you submit may be transferred to and stored on servers in the United States of America. The data protection and other laws of the United States of America and/or other countries might not be as comprehensive as those in your country. By submitting your data and/or using our Services, you acknowledge that your data might be transferred, stored and processed in and to the United States of America.
f. How Long Your Personal Information Is Kept. Typically, we will keep your personal information while you have an account with us or while we are providing Services to you. Thereafter, we will keep your personal information for as long as is necessary to respond to your questions, complaints, claims or as required by law. We will not retain your personal information for longer than necessary for the purposes set out in this policy. How Your Personal Information Is Kept Secure We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and subject to a duty of confidentiality. We continually test our systems and in the process of securing ISO 27001 certification, which means we follow top industry standards for information security. We use reasonable security measures to protect your personal information aligned with the Center for Internet Security’s Critical Security Controls (The 18 CIS Critical Security Controls)</a >. We adopt encryption technology to protect your personal information. We have established special management regulations, procedures and organizations to safeguard the security of the personal information we collect. We hold security and privacy protection training courses to enhance employees' awareness of the importance of protecting personal information. In the event of a personal information security incident, we will initiate the emergency plan for security incidents, report to the relevant government authorities at the earliest convenience, inform you of the basic situation of the security incident, the treatment measures and remedies we will take or have taken as well as our advice for you, via announcements, push notifications or emails. If it is difficult to inform every user, we will issue the warning through public announcements. Notwithstanding the security measures that have been taken and the legal requirements that have been implemented, we still cannot guarantee the security of your personal information when communicating through unsafe channels. Therefore, you should also take measures to ensure the security of your personal information, such as changing your account password regularly. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
g. Your Personal Information.You have specific rights regarding your personal information, which are described in this section. You or an authorized agent acting on your behalf may exercise your personal information rights by submitting a verifiable request (see Section 8 (How To Exercise Your Rights) below). If an authorized agent submits a request to know or delete your personal information, we require you to: ● Provide your authorized agent with signed permission to exercise your rights and choices ● Verify your identity directly with us ● Directly confirm with us your authorized agent has permission to submit the request
| Your Right To… | Details of Your Right |
|---|---|
| Know About Our Practices With Respect To Your Personal Information | We will inform you of: |
| |
| Access Your Personal Information in a Portable Format | You can access the personal information submitted to us at any time. Upon a verifiable request, we will deliver a copy of your personal information to you or another entity free of charge and in a readily useable format. |
| Correct Your Personal Information | In the event you discover the personal information we have about you is incorrect, on receipt of a verifiable request we will correct such information. |
| Delete Your Personal Information | Subject to certain exceptions permitted by applicable law, on receipt of a verifiable request we will delete your personal information from our records. We encourage you to inform us and submit a verifiable request to delete your personal information if:
|
| Restrict Us From Processing Your Personal Information | You have the right to require us to restrict processing of your personal information in certain circumstances, such as when you submit to us a verifiable request to correct your personal information. You can also exercise control over certain types of use of your personal information, such as ancillary personal information, in Section 9 (Your Controls) below. |
| Withdraw Your Permission Authorizations | Some functions of the Services we provide require us to obtain relevant permissions on your device (including but not limited to microphone and camera). You can withdraw the continued authorization of such permissions at any time. Please see Section 10 (Permission Authorizations) below. You should understand that after you withdraw your authorization, we cannot continue to provide you with specific functions or services corresponding to the withdrawal of your authorization. However, your decision to withdraw your permission authorizations will not affect the previous personal information processing activities based on your authorization. |
| Cancel Your Account | You may cancel your account with us anytime through a verifiable request or by writing us at the email or physical address listed at the top of this Privacy Policy. After you cancel your account, (i) you will no longer be able to log in and use our products and services with this account; (ii) all rights and interests such as the rights and interests that have been generated but not consumed during the use of our products and services and future overdue interests will be cleared; (iii) the contents, information, data, records under the account will be deleted or anonymized (unless otherwise stipulated by laws and regulations or required by the regulatory authorities); (iv) after the cancellation of account is completed, it cannot be recovered. |
h. How To Exercise Your Rights. To exercise the access, data portability, correction, and deletion rights described above please submit a verifiable request to us emailing us at help@.Only you, or a person authorized by law to act on your behalf, may make a verifiable request related to your personal information. You may only make a verifiable request for access or data portability twice within a twelve (12) month period. The verifiable request must: ● Come from the email address which you used to sign up for your account with us so we may reasonably verify you are the person about whom we collected personal information about ● Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We endeavour to respond to any verifiable request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period required in writing. We will send you confirmation of receipt of any verifiable request within ten (10) business days of its receipt. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by the method you submitted your request. If we cannot comply with a verifiable request, we will explain our reasons to you in writing, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another without hindrance. Typically, you will not have to pay a fee to access your personal information or to exercise any of your privacy rights. However, except in relation to consent withdrawal, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing the request. We may also refuse to comply with your request in such circumstances. We may decline to comply with your request under the following circumstances, and in accordance with applicable laws and regulations: ● Where it is related to our obligations under law and/or regulation ● Where it is related to national security and national defense security ● Where it is related to public safety, public health and major public interests ● Where it is related to criminal investigation, prosecution, and trial ● Where there is sufficient evidence to show that you have subjective malice or abuse of rights ● Where responding to your request will cause serious damage to the legitimate rights and interests of you or other individuals and organizations ● Where trade secrets are involved ● Other conditions stipulated by laws and regulations
| Control | Details |
|---|---|
| Our Use Of Your Personal Information | You can restrict our further use of your personal information by contacting us at digital@delaplex.com. In the event you request us not to use your personal information any further, we will halt processing of your personal information unless necessary for the performance of our contract with you, or if processing is necessary to comply with a legal obligation or to protect the rights and interests of ourselves or a third party. |
| Promotional Communications | You can opt-out of receiving promotional communications from us by contacting us at digital@delaplex.com. |
| If you opt out, we may still send you administrative, transactional, or other messages, such as those about your account or our ongoing business relations including but not limited to administrative confirmations, order confirmations, and important updates regarding our Services and notices regarding this Privacy Policy and our Terms of Service. | |
| Cookies | A “cookie” is a small package of data downloaded onto your computer when you access our website. |
| You can turn off cookies by setting your browser to remove or reject browser cookies. Please note that if you remove or reject cookies, this could affect the availability and functionality of our Services. | |
| Push Notification | Push notifications are short messages from us that appear as a pop-up on your browser. |
| You can turn off cookies by setting your browser to remove or reject browser cookies. Please note that if you remove or reject cookies, this could affect the availability and functionality of our Services. |
We will not discriminate against you for exercising any of your controls or rights over your personal information. Unless otherwise permitted, when you exercise your controls or rights over your personal information, we will not: ● Deny you services ● Charge you different prices or rates for services, including through discounts or other benefits, or by imposing penalties ● Provide you a different level or quality of services ● Suggest that you may receive a different price or rate for services or a different level or quality of services
i. Your Controls. We give you control over our use and collection of your personal information. In this section, we detail your controls.
| Control | Details |
|---|---|
| Our Use Of Your Personal Information | You can restrict our further use of your personal information by contacting us at digital@delaplex.com. In the event you request us not to use your personal information any further, we will halt processing of your personal information unless necessary for the performance of our contract with you, or if processing is necessary to comply with a legal obligation or to protect the rights and interests of ourselves or a third party. |
| Promotional Communications | You can opt-out of receiving promotional communications from us by contacting us at digital@delaplex.com. |
| If you opt out, we may still send you administrative, transactional, or other messages, such as those about your account or our ongoing business relations including but not limited to administrative confirmations, order confirmations, and important updates regarding our Services and notices regarding this Privacy Policy and our Terms of Service. | |
| Cookies | A “cookie” is a small package of data downloaded onto your computer when you access our website. |
| You can turn off cookies by setting your browser to remove or reject browser cookies. Please note that if you remove or reject cookies, this could affect the availability and functionality of our Services. | |
| Push Notification | Push notifications are short messages from us that appear as a pop-up on your browser. |
| You can turn off cookies by setting your browser to remove or reject browser cookies. Please note that if you remove or reject cookies, this could affect the availability and functionality of our Services. |
j. Permission Authorizations. In order to provide you with convenient and high-quality services, we may request some permissions on your device. When you use the corresponding function, you will see a pop-up reminder requesting your authorization to access certain device functions. You can choose to turn off some or all permissions in the setting function of the client or device. The methods for granting or withdrawing permissions may be different in different devices.
| Authorization | Services and Functions |
|---|---|
| Camera authorization | You can use the camera to capture and upload videos and pictures. |
| Microphone authorization | You can send voice messages, conduct live video, live interaction, and complete the shooting and publishing of audio and video content. |
k. How We Respond to Do Not Track Signals Because consumers are often unaware that their do not track beacons are active, do not track frequently does not reflect the actual preferences of our users. We currently do not respond to Do Not Track signals. In the meantime, you may opt out of certain types of tracking, including certain analytics and tailored advertising by changing your cookie settings.
3.6 Data Privacy of LLMs - Open AI, Azure AI. We continue to strive for excellence while providing the best functional platform and integrations with leading LLMs. Each LLM we use follows the highest standards possible and provides necessary documentation. Learn more at Open AI and Azure AI.
3.7 LLM limitations. Unlike ordinary software, large language models (LLMs) are massive neural networks. These networks learn from a broad range of data, rather than being programmed explicitly. People use language and images to describe the world and to express their beliefs, assumptions, attitudes, and values. As a result, publicly available text and image data typically used to train large-scale natural language processing models contain societal biases relating to race, gender, religion, age, and other groups of people, as well as other undesirable content. These societal biases are reflected in the distributions of words, phrases, and syntactic structures. Large-scale natural language models trained with such data can potentially behave in ways that are unfair, unreliable, or offensive, in turn causing harm. Some risks inherent to large language models are:
- Information reliability: Language model responses can fabricate content
that might sound reasonable but is nonsensical or inaccurate with
respect to external validation sources. Even when drawing responses from
trusted source information, responses might misrepresent that content. - Allocation: These models can be used in ways that lead to unfair
allocation of resources or opportunities. For example, automated resume
screening systems can withhold employment opportunities from one gender
if the systems are trained on resume data that reflects the existing
gender imbalance in a particular industry. - Quality of service: The models are trained primarily on English text and
images with English text descriptions, and as such, performance is lower
on content in other languages. - Stereotyping: These models can reinforce stereotypes. For example, when
translating “He is a nurse” and “She is a doctor” into a genderless
language such as Turkish, and then translating the Turkish back into
English, many machine translation systems yield the stereotypical (and
incorrect) results of “She is a nurse” and “He is a doctor.”
Considerations for fairness and responsibility when using large language models:
- Avoid scenarios where use or misuse of the system could result in significant physical or psychological injury to an individual. For example, scenarios that diagnose patients or prescribe medications have the potential to cause significant harm.
- Avoid scenarios where use or misuse of the system could have a consequential impact on life opportunities or legal status. Examples include scenarios where the AI system could affect an individual’s legal status, legal rights, or their access to credit, education, employment, healthcare, housing, insurance, social welfare benefits, services, opportunities, or the terms on which such access is provided.
As with any automation, the human remains the reviewer and the analytical decision maker. Automations ease work-life balance. They by no means replace humans!</b >
Restrictions
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
4.1. Improper Use of the Services. You agree not to, and will not assist, encourage, or enable others to use the Services to:
- Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right;
- Upload any Content that is indecent, libelous, defamatory, obscene, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable;
- Solicit personal information from minors, or submit or transmit pornography;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except as expressly permitted by the Company;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results or the search results of any third party website; or
- Violate any applicable law.
- Violate the Terms;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade or in any way exploit the Services or Services Content (other than Your Content), except as expressly authorized by us;
- Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services or any Services Content;
- Reverse engineer any portion of the Services;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;
- Record, process or mine information about other users;
- Access the Services by means other than through the public interfaces we provide to you;
- Reformat or frame any portion of the Services;
- Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Services, as determined by the Company in the Company’s sole discretion;
- Attempt to gain unauthorized access to the Services, user Accounts, computer systems or networks connected to the Services through hacking, password mining or any other means;
- Use the Services or any Services Content to transmit any computer viruses, worms, defects, Trojan horses or any other computer code, files or programs designated to interrupt, destroy or limit the functionality of the Services;
- Use any device, software or routine that interferes with the proper working of the Services or otherwise attempt to interfere with the proper working of the Services;
- Use the Services to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Services or Services Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of Services Content or features that enforce limitations on the use of the Services; or
- Use the Services if you or such other persons are located in a country that is embargoed by the United States or if you or such other persons are on the U.S. Treasury Department’s list of Specially Designated Nationals.
Use and Transaction Policies
5.1. Equipment. You will provide at your own expense the equipment and internet connection required to access and use the Services.
5.2. Use Charges. The Company shall have no liability to you for use charges related to any device or service that you use to access the Services, including, without limitation, use charges for mobile telephones, tablet devices, Internet service providers, car navigation systems and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
5.3. Transaction Charges. The Company is not responsible or liable to you for any third party payment processor credit card or bank-related charges and fees related to your transactions on the Services, on or through third party platforms or for your participation in any third party offers. All such transactions are administered by a third party payment processor. We expressly disclaim any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through such a third party processor. You acknowledge and agree: (a) that any credit card transaction-related information will be treated by the Company as described in our Privacy Policy and, as applicable, in the privacy policy of the third party payment processor(s) used by the Company on or through the Services or third party platforms, (b) that all credit card and other payment related information that you provide to the Company, the Company’s designated payment processor or a third party providing offers, is accurate, current and complete; (c) that you will pay any and all charges incurred by you or any authorized user of your payment method resulting from your purchase at the rate(s) in effect when such charges are incurred; and (d) that you are responsible for any and all taxes that we assess on your purchase(s).
5.4. Purchase Errors. We assume no liability for purchase errors, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase or any unintended purchased item for any reason (“Purchaser Errors”). We shall not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that your device, platform and carrier are supported and that the phone or other device and platform are compatible with the products or services purchased, downloaded or otherwise obtained by you through the Services. If you have other questions in connection with any product or service available through the Services, please contact our customer support at digital@delaplex.com We accept ABSOLUTELY NO RETURNS on any software downloads. Please review your system requirements very carefully before making any purchases. You agree to be responsible for obtaining and maintaining all device hardware, software and other equipment needed for access to and use of the Services, and all charges related thereto.
Notice of Copyright Infringement
The Company respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a summary of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, the Company will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to the Company’s Designated Copyright Agent identified in the notice below.
If you are a copyright owner, authorized to act on behalf of a copyright owner, or authorized to act under any exclusive right under copyright, please report any alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering the Notice to the Company’s Designated Copyright Agent. Upon receipt of a DMCA Notice of Alleged Infringement as described below, the Company will take whatever action, in the Company’s sole discretion, that the Company deems appropriate, which may include the removal of, or disabling of access to, the challenged material from the Services.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that is to be removed or to which access is to be disabled, including at a minimum, if applicable, the URL or the link shown on the Services or the exact location where such material may be found.
- Provide your name, company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to the Company’s Designated Copyright Agent:
Copyright Agent
delaplex.digital
8 The Green Ste A
Dover, DE, 19901
Email: digital@delaplex.com (Subject line “DMCA Notice of Alleged Infringement”)
In the event the Company, after receiving a proper DMCA Notice of Alleged Infringement, takes steps to remove or disable access to the challenged material, the Company will take reasonable steps to promptly notify the party who originally posted such challenged material to the Services (the “Posting Party”) that the Company has removed or disabled access to such challenged material. Provided the challenged material does not otherwise violate these Terms, the Posting Party may then dispute such DMCA Notice of Alleged Infringement by completing the following DMCA Counter-Notice and delivering the Counter-Notice to the Company’s Designated Copyright Agent. Upon receipt of a proper DMCA Counter-Notice, the Company will promptly provide the party who submitted the relevant DMCA Notice of Alleged Infringement (the “Reporting Party”) with a copy of such DMCA Counter-Notice and inform the Reporting Party that the Company will replace the removed material or cease disabling access to such material in 10 business days, and will thereafter replace the removed material and cease disabling access to such material not less than 10, nor more than 14, business days following receipt of such DMCA Counter-Notice, unless the Company’s Designated Copyright Agent first receives notice from the Reporting Party that such Reporting Party has filed an action seeking a court order to restrain the Posting Party from engaging in infringing activity relating to the challenged material on the Services.
DMCA Counter-Notice (“Counter-Notice”)
- Identify the material or link that has been removed or to which access has been disabled, including at a minimum, if applicable, the URL or the link shown on the Services or the exact location where such material appeared before it was removed or access to it was disabled.
- In connection with such material, include the following statement in the body of the Counter-Notice:
- “I hereby state, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
- Provide your name, address and telephone number.
- If your address is located in the United States, include the following statement in the body of the Counter-Notice:
- “I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located, and that I will accept service of process from the person who provided notification in connection with the material described in this counter-notice under 17 U.S. Code § 512(c)(1)(C) or an agent of such person.”
- If your address is located outside of the United States, include the following statement in the body of the Counter-Notice:
- “I hereby state that I consent to the jurisdiction of the Federal District Court for any judicial district in which digital@delaplex.com can be found, and that I will accept service of process from the person who provided notification in connection with the material described in this counter-notice under 17 U.S. Code § 512(c)(1)(C) or an agent of such person.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to the Company’s Designated Copyright Agent:
Copyright Agent
delaplex.digital
8 The Green Ste A
Dover, DE, 19901
Email: digital@delaplex.com (Subject line “DMCA Counter Notice”)
Please note that pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that the Company enforces a policy of terminating the Accounts of, or banning repeat infringers. A repeat infringer includes any user who has made two or more postings that the Company has removed or disabled access to pursuant to notices of infringement under these DMCA notice and takedown procedures.
Notice of Availability of Filtering Software
You should know that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback and you irrevocably waive, and cause to be waived, against the Company and our users any claims and assertions of any moral rights that you may have with respect to such Feedback.
Third Party Links and Offerings
The Services may include links to other websites or applications (each a “Linked Third Party Site”). These Linked Third Party Sites are provided as a courtesy by our vendors to users of our Services.
The Company has no control over the Linked Third Party Sites or the materials, information, goods or services available or contained on Linked Third Party Sites or how your data and/or personal information is used by such Linked Third Party Sites. The Company is not responsible for, does not endorse, represent or warrant in any way the content, goods and/or services of Linked Third Party Sites, and the Company is not liable for any claim you may have regarding any content, goods and/or services of Linked Third Party Sites. Also, the Company is not responsible for any privacy or other business practices of such Linked Third Party Sites or any materials, information, goods or services available through such Linked Third Party Sites. If you decide to access any of the Linked Third Party Sites, you do so entirely at your own risk. The Company reserves the right to terminate any link to any Linked Third Party Site at any time.
Indemnity
You agree to indemnify, defend and hold the Company, the Company’s parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Company Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Services, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Services, or (iv) any infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company’s defense of these claims. You agree not to settle any such matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of such claim, action or proceeding.
Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION 11 CAREFULLY SINCE THIS SECTION LIMITS THE LIABILITY OF THE COMPANY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION 12. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
11.1. NO WARRANTY OF THE SERVICES. THE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS'' WITHOUT WARRANTY, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE COMPANY MIGHT NOT MONITOR, CONTROL OR VET UGC OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE COMPANY MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY OR RELIABILITY OF THE SERVICES, THE SAFETY OR SECURITY OF THE SERVICES, OR THE SERVICES CONTENT. ACCORDINGLY, THE COMPANY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICES’ INTEROPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY OR RELIABILITY OF THE SERVICES CONTENT.
11.2. CONFIDENTIALITY OR PRIVACY. THE COMPANY MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED THROUGH THE SERVICES OR ANY LINKED THIRD PARTY WEBSITE. THE COMPANY WILL NOT BE LIABLE FOR THE PRIVACY OF EMAIL ADDRESSES, REGISTRATION OR IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION OR ANY OTHER CONTENT STORED ON OUR EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY THE SERVICES OR OTHERWISE CONNECTED WITH YOUR USE OF THE SERVICES.
11.3. THIRD PARTY SERVICES. THE COMPANY MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY SERVICES AVAILABLE THROUGH OUR SERVICES. ACCORDINGLY, THE COMPANY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OR OMISSIONS OF SUCH THIRD PARTY SERVICES, INCLUDING, FOR EXAMPLE, IF A THIRD PARTY SERVICE MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK.
11.4. DISCLAIMER OF WARRANTIES. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF THE COMPANY SHALL CREATE A REPRESENTATION OR WARRANTY.
11.5. USER REMEDIES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, THIRD PARTY SERVICES MADE AVAILABLE THROUGH THE SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
Dangerous Activities
WE DO NOT RECOMMEND USE OF THE SERVICES DURING CERTAIN ACTIVITIES, SUCH AS DRIVING, WHERE A SIGNIFICANT RISK OF INJURY OR ACCIDENT EXISTS. YOU AGREE NOT TO USE OUR SERVICES DURING SUCH ACTIVITIES AND ACKNOWLEDGE THAT ANY SUCH USE WOULD BE A VIOLATION OF THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR SOLE RISK AND WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM SUCH USE.
Governing Law
Any claims arising out of the Services or these Terms (including interpretation, claims for breach, and all other claims, including consumer protection, unfair competition and tort claims) will be subject to the laws of the State of Virginia, United States, without reference to conflict of laws principles.
Dispute Resolution; Binding Arbitration and Class Action Waiver
READ THIS SECTION 14 CAREFULLY. THIS SECTION 14 MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
14.1. Informal Dispute Resolution. The Company’s Customer Support department is available on the web at https://delaplex.digital/ to address any concerns, disputes, claims or controversies you may have regarding the Services, these Terms (including its interpretation, formation, performance and breach) or the relationship between you and the Company (collectively, “Disputes”). Most Disputes are quickly resolved in this manner to our users’ satisfaction. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
14.2. Formal Dispute Resolution. If you are not a resident of the EEA, in the event that the parties do not agree upon a resolution in connection with a Dispute within a period of 30 calendar days from the time informal dispute resolution is initiated pursuant to Section 15.1 (Initial Dispute Resolution), you and the Company expressly agree that the provisions in Section 15.2(a)(Agreement to Arbitrate), Section 15.2(b) (Location), Section 15.2(c) (Class Action Waiver), Section 15.2(d) (Exception – Litigation of Intellectual Property and Small Claims Court) and Section 15.2(e) (30 Day Right to Opt Out) apply to you if (i) you are domiciled in and/or use the Services in the United States or (ii) you are domiciled in and/or use the Services from outside the United States, legal proceedings in connection with a Dispute are initiated within the United States and you are entitled to participate in such proceedings. (a) Agreement to Arbitrate. If the parties do not agree upon a resolution in connection with a Dispute within a period of thirty (30 calendar days from the time informal dispute resolution is initiated pursuant to Section 15.1 (Initial Dispute Resolution), then either party may initiate binding arbitration as the sole means to formally resolve claims (the “Agreement to Arbitrate”), subject to the terms set forth below. Specifically, all Disputes shall be finally settled by binding arbitration administered by the American Arbitration Association (the “AAA”). The arbitration proceedings shall be governed by AAA’s Commercial Arbitration Rules (the “AAA Rules”) and, where appropriate, AAA’s Supplementary Procedures for Resolution of Consumer-Related Disputes (the “AAA Consumer Rules”). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the interpretation, applicability, enforceability and formation of these Terms notwithstanding any other choice of law provision contained in these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including without limitation any claim that all or any party of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The AAA Rules and the AAA Consumer Rules are both available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the cost of litigation and the right to discovery may be more limited in arbitration than in court. (b) Location. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in McLean, Virginia, and you and the Company agree to submit to the personal jurisdiction of any federal or state court in McLean, Virginia, in order to compel arbitration, to stay proceedings pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. (c) Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR THE COMPANY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this subsection is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes. (d) Exception - Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all Disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under this Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. (e) 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Subsection 15.2(a) (Agreement to Arbitrate), Subsection 15.2(b) (Location) and Subsection 15.2(c) (Class Action Waiver) above by sending written notice of your decision to opt-out to the following address:
ATTN: Legal delaplex.digital
554/31, Utkarsh Nagar, Near KT Nagar, Katol Road, Nagpur 440013
Email: compliance@delaplex.com (Subject line “ATTN: Legal”)
The notice must be sent within 30 days of your first access or use of the Services; otherwise you will be bound to arbitrate Disputes in accordance with the terms of those Subsections. If you opt-out of these arbitration provisions, the Company also will not be bound by such provisions. (f) Disputes Not Subject to Arbitration or Class Action Waiver. For Disputes not subject to the “Agreement to Arbitrate” set forth in Section 14.2(a) (Agreement to Arbitrate), or if any court or arbitrator determines that the “Class Action Waiver” set forth in Section 14.2(c) (Class Action Waiver) is void or unenforceable for any reason or that an arbitration can proceed on a class basis, exclusive jurisdiction for any claim or action arising out of or relating to the Services or these Terms shall be the federal or state courts in McLean, Virginia, and you expressly consent to the exercise of personal jurisdiction of such courts. (g) Changes to this Section. The Company will provide 60-days’ notice of any changes to this Section 14.2 and any such change will apply only to any claims arising after the 60th day following such notice.
Location of Your Access of the Services
Access to the Services from any territory where the Content is illegal is prohibited. The display of the Services alone does not subject the Company to jurisdiction in your location.
Suspension, Termination or Cancellation
16.1. Termination by You. You may terminate these Terms at any time by closing your Account, discontinuing your use of the Services and deleting the Software Products from your device. You have the right to cancel your Account at any time.
16.2. Termination by the Company. We may suspend, cancel or terminate your Account, suspend your ability to use certain portions of the Services, and/or ban you altogether from the Services for any reason or for no reason, and without notice or liability of any kind. Reasons for such suspension, cancelation or termination may include, but are not limited to, if we believe in good faith that (a) you or a related person has engaged in any of the restricted conduct described in Section 5 (Restrictions) or otherwise violated or may have violated these Terms, (b) you do not complete email verification within twenty-four (24) hours of registration, or (c) you fail to provide payment while using premium (paid) features. To the extent that you violate these Terms and we revoke the licenses granted to you, you will lose all benefits and privileges associated with the Services. We are under no obligation to compensate you for any such losses.
We reserve the right to stop making available any one or more of the Services at any time, whether on a temporary or permanent basis and without any liability, compensation, refunds or other compensatory benefits to you. Your license to the Services automatically ends when we terminate access to such Services . Any such action could prevent you from accessing your Account, the Services, Your Content, Services Content, or any other related information.
16.3. Survival. In the event of any termination of these Terms, whether by you or the Company, the following Sections will continue in full force and effect: Section 3 (Content), including but not limited to the Company’s right to use Your Content, Section 4 (Restrictions), Section 5 (Use and Transaction Policies), Section 9 (Third Party Links and Offerings), Section 10 (Indemnity), Section 11 (Disclaimers and Limitations of Liability), Section 13 (Governing Law), Section 14 (Dispute Resolution; Binding Arbitration and Class Action Waiver), Section 16 (Suspension, Termination or Cancellation) and Section 17 (Miscellaneous).
Miscellaneous
17.1. Rights. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
17.2. Agreement Between You and the Company. The Terms contain the entire agreement between you and the Company regarding the use of the Services, and supersede any prior agreement between you and the Company on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
17.3. Waiver. Any failure on the Company’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
17.4. Severance. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
17.5. Section Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.