Terms of Service
Terms of Service
Effective Date: February 2, 2026
Summary of Key Terms
These Terms govern your use of our AI-powered services and protect both your rights and ours:
• By using our Services, you agree to follow our Code of Conduct and use the Services lawfully.
• We provide enterprise-grade confidentiality protections for your data.
• We do not use your data to train AI models without your explicit consent.
• You are solely responsible for how you use AI-generated content.
• You retain ownership of your content while granting us limited operational rights.
• We retain discretion to modify, suspend, or discontinue Services with reasonable notice.
IMPORTANT: IF YOU RESIDE IN THE UNITED STATES, SECTION 15 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
1. ACCEPTANCE OF TERMS
Welcome to our AI-powered platform (Services) By accessing or using our Services, you agree to be bound by these Terms of Service (Terms). If you do not agree to these Terms, you must immediately discontinue use of the Services.
These Terms constitute a legally binding agreement between you (User; you or your) and Delibera, Inc (Company; we, us, or our)
2. DEFINITIONS
For purposes of these Terms:
Content; means all text, images, audio, video, code, data, or other materials.
User Input; means any Content you submit to, upload to, or share with the Services.
Generated Output; means Content created or produced by the Services in response to User Input.
Your Materials; collectively refers to User Input and Generated Output associated with your account.
Account; means your registered user account for accessing the Services.
Confidential Information; means information that is proprietary, non-public, or designated as confidential by either party, including but not limited to User Input, trade secrets, business strategies, customer data, and technical information.
Subprocessor; means any third-party service provider that processes data on our behalf to deliver the Services.
3. ELIGIBILITY AND ACCOUNT REQUIREMENTS
3.1 Age Requirements
You must be at least 18 years of age to use the Services. If you are between 13 and 18 years of age, you may only use the Services with parental or guardian consent and supervision.
3.2 Account Security
You are solely responsible for:
• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Promptly notifying us of any unauthorized use of your account
• Implementing reasonable security measures, including multi-factor authentication where available
3.3 Accurate Information
You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy.
4. GRANT OF LICENSE AND USAGE RESTRICTIONS
4.1 License to Use Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.
4.2 Prohibited Uses
You may not:
• Use automated systems (bots, scrapers, etc.) to access the Services except as expressly permitted by your subscription tier
• Attempt to reverse engineer, decompile, or extract source code from the Services
• Remove, alter, or obscure any proprietary notices on the Services
• Access the Services to build a competitive product or service
• Resell, sublicense, or transfer your access rights to third parties without our prior written consent
• Use the Services in any manner that violates applicable laws or regulations
5. AI-GENERATED CONTENT: ACCURACY AND LIMITATIONS
5.1 No Guarantees of Accuracy
The Services use artificial intelligence technology that may produce inaccurate, incomplete, biased, or inappropriate Content. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR APPROPRIATENESS OF ANY GENERATED OUTPUT.
5.2 User Responsibility
You acknowledge and agree that:
• You are solely responsible for evaluating the accuracy and appropriateness of all Generated Output
• You must independently verify any Generated Output before relying on it for any purpose
• The Services are not a substitute for professional advice (legal, medical, financial, etc.)
• We are not liable for any decisions you make based on Generated Output
5.3 Non-Unique Output
Generated Output may not be unique to you. Other users may receive identical or similar Generated Output in response to similar User Input.
5.4 Professional Responsibility Acknowledgment
If you are subject to professional ethical obligations (including but not limited to attorneys, accountants, medical professionals, or financial advisors), you acknowledge that you remain solely responsible for compliance with all applicable professional conduct rules, including duties of confidentiality, competence, and independent professional judgment. Use of the Services does not diminish or transfer these responsibilities.
5.5 Council-Specific Disclaimers
LEGAL COUNCILS: The Legal Review and Litigation Risk Assessment councils do not provide legal advice, do not create an attorney-client relationship, and are not a substitute for consultation with a licensed attorney. You must consult qualified legal counsel before making legal decisions based on Generated Output.
MEDICAL COUNCIL: The Medical Consultation council does not provide medical advice, diagnosis, or treatment recommendations. Outputs are for informational purposes only and are not a substitute for professional medical consultation. Always seek the advice of qualified healthcare providers regarding medical conditions and treatment options.
FINANCIAL COUNCIL: The Financial Analysis council does not provide investment advice or financial planning services. We are not registered investment advisors. Consult qualified financial professionals before making investment or financial decisions.
5.6 AI Model Updates and Changes
We may modify, update, replace, or discontinue underlying AI models or model providers at any time to improve service quality, address security concerns, or adapt to market changes.
6. CODE OF CONDUCT
You agree not to use the Services to:
Harm or Exploit Others:
• Harass, threaten, intimidate, bully, or harm any person
• Exploit minors, vulnerable individuals, or protected classes
• Engage in or promote illegal activities
Create Harmful Content:
• Generate content that is hateful, violent, sexually explicit, or promotes dangerous activities
• Create deepfakes or manipulated media of individuals without consent
• Produce misinformation, disinformation, or content intended to deceive
Violate Rights:
• Infringe intellectual property rights, privacy rights, or other legal rights
• Misappropriate trade secrets or confidential information
• Engage in identity theft or impersonation
Compromise Service Integrity:
• Attempt to bypass content filters or safety mechanisms
• Engage in jailbreaking or prompt injection attacks
• Generate excessive requests to disrupt or degrade Services
We reserve the right to investigate violations and take appropriate action, including content removal, account suspension, or termination.
7. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
7.1 Company’s Ownership
We retain all right, title, and interest in and to the Services, including all software, algorithms, models, interfaces, and underlying technology. These Terms do not grant you any ownership rights in the Services.
7.2 Your Content
You retain ownership of your User Input. By submitting User Input to the Services, you grant us a limited, worldwide, non-exclusive, royalty-free license to:
• Use, reproduce, and process your User Input solely to provide the Services to you
• Maintain, secure, and back up your User Input
• Display your User Input to you and your authorized users
• Comply with legal obligations and enforce these Terms
This license terminates when you delete your User Input or close your account, except for content that has been shared with other users or where we are required by law to retain it.
7.3 No Training on Your Data Without Consent
We do not use your User Input or Generated Output to train or improve our AI models without your explicit opt-in consent.
If you choose to participate in our model improvement program, you may opt in through your account settings. You may withdraw consent at any time, and we will cease using your data for training purposes going forward (though previously trained models will retain learned patterns).
7.4 Generated Output Ownership
As between you and us, you own the Generated Output created through your use of the Services, to the extent permitted by our third-party AI providers and subject to:
• Our underlying intellectual property rights in the Services
• The non-unique nature of Generated Output (other users may receive similar output)
• Any third-party intellectual property rights that may exist in Generated Output
• The terms of service of third-party AI model providers (OpenAI, Anthropic, Google, and others) whose models generate the Output. These provider terms may impose additional restrictions or disclaimers on output usage and ownership.
7.5 Feedback
If you provide feedback, suggestions, or ideas about the Services, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation or attribution to you.
8. CONFIDENTIALITY AND DATA PROTECTION
8.1 Our Confidentiality Obligations
We treat your User Input as your Confidential Information and agree to:
• Maintain the confidentiality of your User Input using industry-standard security measures
• Use your User Input only for purposes of providing the Services to you or as required by law
• Not disclose your User Input to third parties except as permitted under Section 8.3 (Subprocessors)
• Implement reasonable administrative, technical, and physical safeguards to protect your data
8.2 Exceptions to Confidentiality
Our confidentiality obligations do not apply to information that:
• Is or becomes publicly available through no breach of these Terms
• We are required to disclose by law, regulation, or valid court order
• You have explicitly designated as non-confidential or authorized for public sharing
8.3 Subprocessors
We may engage third-party Subprocessors to assist in delivering the Services (such as cloud infrastructure providers). When we do:
• We prohibit Subprocessors from using your data to train AI models or for any purpose other than providing services to us
8.4 Human Review
Your Materials may be reviewed by our personnel or contractors solely for: (a) quality assurance, (b) safety monitoring and abuse prevention, (c) compliance with legal obligations, or (d) technical support when you request assistance. All personnel with access to your data are bound by confidentiality obligations.
8.5 Data Privacy
We collect and process personal information as described in our Privacy Policy, which is incorporated into these Terms by reference. We implement technical and organizational measures designed to align with applicable data protection laws and regulations, including GDPR and CCPA where applicable. Enterprise customers may request a Data Processing Agreement (DPA) to govern the processing of personal data.
8.6 Security and Compliance
Upon request for enterprise customers, we will provide:
• Current SOC 2 Type II reports or equivalent security certifications
• Information about our security practices and controls
• Reasonable cooperation with your audit rights (subject to confidentiality protections)
9. MODIFICATIONS TO SERVICES AND TERMS
9.1 Service Modifications
We may modify, suspend, or discontinue the Services (or any features thereof) with reasonable advance notice. For material changes that substantially reduce functionality, we will provide at least 30 days; notice to enterprise customers. We shall not be liable for modifications made with proper notice, except that enterprise customers may terminate for convenience and receive a pro-rata refund if materially adverse changes are made.
9.2 Terms Modifications
We may update these Terms from time to time. We will provide notice of material changes by posting the updated Terms on our website with a new Effective Date; at least 30 days before the changes take effect. For enterprise customers, we will also provide email notice to your account administrator. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree, you must stop using the Services.
10. SUSPENSION AND TERMINATION
10.1 Our Right to Suspend or Terminate
We may suspend or terminate your access to the Services for:
• Material violation of these Terms or our Code of Conduct
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Requests from law enforcement or regulatory authorities
• Protection of our rights, property, safety, or those of others
Where feasible, we will provide advance notice and an opportunity to cure violations, except in cases involving security threats, legal requirements, or severe misconduct.
10.2 Effects of Termination
Upon termination:
• Your license to use the Services immediately terminates
• You remain liable for all obligations accrued prior to termination
• Sections 7, 8, 12, 13, 14, 15, and 16 survive termination
• Enterprise customers will have 30 days to export their data before deletion
10.3 Your Right to Terminate
You may terminate your account at any time by following the account closure procedures in your account settings or by contacting our support team.
10.4 Data Deletion
Following termination and any applicable data retention period, we will destroy your User Input in accordance with our data retention policy, except where we are required by law to retain it.
11. FEES AND PAYMENT
11.1 Subscription Fees
Certain features of the Services may require payment of subscription fees. All fees are non-refundable except as required by law or as expressly stated in these Terms.
11.2 Automatic Renewal
Subscriptions automatically renew unless you cancel at least 24 hours before the end of the current billing period. By subscribing, you authorize us to charge your payment method for recurring fees.
11.3 Fee Changes
We reserve the right to modify subscription fees with at least 30 days notice. Fee increases will not apply to your current billing period. Continued use after a fee increase constitutes acceptance.
11.4 Late Payments
We may suspend or terminate access to paid Services if fees are past due. Late payments may incur additional charges as permitted by law, not to exceed 1.5% per month or the maximum rate permitted by law, whichever is lower.
11.5 Taxes
All fees are exclusive of applicable taxes. You are responsible for all sales, use, value-added, and other taxes associated with your use of the Services, excluding only taxes based on our net income.
12. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
• The Services will meet your requirements or expectations
• The Services will be uninterrupted, timely, secure, or error-free
• Generated Output will be accurate, complete, reliable, or appropriate for any purpose
• Any errors in the Services will be corrected
• The Services are free from viruses or other harmful components
THE SERVICES MAY GENERATE CONTENT THAT INFRINGES THIRD-PARTY RIGHTS. WE MAKE NO REPRESENTATIONS REGARDING THE INTELLECTUAL PROPERTY COMPLIANCE OF GENERATED OUTPUT. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF GENERATED OUTPUT COMPLIES WITH APPLICABLE LAWS AND DOES NOT INFRINGE THIRD-PARTY RIGHTS.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
13.1 Exclusion of Certain Damages
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
• Loss of profits, revenue, business opportunities, or goodwill
• Loss or corruption of data
• Cost of procurement of substitute services
• Personal or bodily injury
• Emotional distress
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Cap on Liability
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:
• The amount you paid us in the 12 months preceding the claim, or
• $100 USD
Notwithstanding the foregoing, this liability cap does not apply to:
• Our indemnification obligations under Section 14.2 (if applicable)
• Our breach of confidentiality obligations under Section 8.1
• Our gross negligence or willful misconduct
• Data breaches caused by our failure to implement reasonable security measures
• Our violation of applicable data protection laws
13.3 Scope
These limitations apply to claims arising from or relating to:
• Your use of or inability to use the Services
• Generated Output or decisions based on Generated Output
• Unauthorized access to or alteration of your Materials
• Security breaches or data incidents
• Any other matter relating to the Services
13.4 Essential Purpose
The limitations in this Section 13 are fundamental elements of the basis of the bargain between you and us. We would not be able to provide the Services on an economically reasonable basis without these limitations.
14. INDEMNIFICATION
14.1 Indemnification
You agree to indemnify, defend, and hold harmless Delibera, Inc, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys fees) arising from or relating to:
• Your use or misuse of the Services
• Your User Input or Generated Output
• Your violation of these Terms
• Your violation of any law, regulation, or third-party right
• Any claim that your User Input infringes or violates any third-party right
• Your negligent or wrongful conduct
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
14.2 IP Our Indemnification Obligations (Enterprise Tier Only)
For customers on Enterprise tier subscriptions, we will indemnify, defend, and hold you harmless from third-party claims alleging that the Services, when used in accordance with these Terms, infringe or misappropriate such third party's intellectual property rights, provided that:
• You promptly notify us in writing of the claim
• You provide us with sole control of the defense and settlement of the claim
• You provide reasonable cooperation in the defense of the claim
This indemnification does not apply to claims arising from:
• User Input that you provide to the Services
• Your modification of Generated Output or combination with other materials
• Your use of the Services in violation of these Terms or applicable law
• Use of the Services in combination with non-Delibera products, services, or data not provided by us
Our maximum liability under this Section 14.2 shall not exceed the fees you paid us in the 12 months preceding the claim, or $50,000, whichever is greater.
15. DISPUTE RESOLUTION AND ARBITRATION
15.1 Informal Resolution
Before filing any claim, you agree to contact us at support@delibera.ai to attempt to resolve the dispute informally. You must provide a written notice describing the dispute, the relief requested, and your contact information. We will respond within 30 days. If we cannot resolve the dispute within 60 days of your initial notice, either party may proceed with formal dispute resolution.
15.2 Binding Arbitration (U.S. Residents)
If you reside in the United States, you agree that any dispute, claim, or controversy arising from or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for individual consumers) or Commercial Arbitration Rules (for business users), as applicable.
The arbitration shall be conducted as follows:
• By a single arbitrator selected in accordance with AAA rules
• In the county where you reside or another mutually agreed location
• The arbitrator decision shall be final and binding
• Judgment on the arbitration award may be entered in any court having jurisdiction
15.3 Mass Arbitration Procedures
If 25 or more similar arbitration demands are asserted against us by the same or coordinated counsel or entities (Mass Filing), the following procedures apply:
• Bellwether Proceedings: The parties shall select 10 demands to proceed first as bellwether cases. Each side selects 5 demands. Only these 10 cases will be filed with AAA and proceed to arbitration initially.
• Fee Allocation: We will pay the arbitration fees for all 10 bellwether cases. No other filing fees are owed until the bellwether proceedings conclude.
• Settlement Discussions: After the first bellwether case is decided, the parties shall engage in a global mediation of all remaining demands. The mediator shall be selected from AAA mediator roster.
• Subsequent Proceedings: If mediation is unsuccessful, the process repeats with 10 new bellwether cases selected the same way, and so on until all demands are resolved.
• Statute of Limitations Tolling: All statute of limitations and deadlines shall be tolled for demands not selected for a bellwether proceeding until their demand is selected.
A court of competent jurisdiction shall have authority to enforce this Mass Arbitration provision and may enjoin the filing of non-bellwether demands with AAA until the bellwether process is complete.
15.4 Class Action Waiver
YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND DELIBERA, INC INDIVIDUALLY. TO THE FULLEST EXTENT PERMITTED BY LAW:
• You waive the right to participate in a class action, collective action, or representative proceeding
• Claims brought by or against you may not be joined with claims brought by or against any other person
• The arbitrator may not consolidate more than one person claims
If this class action waiver is found to be unenforceable, the entire arbitration agreement shall be void, and disputes shall be resolved in court.
15.5 Exceptions to Arbitration
This arbitration agreement does not apply to:
• Claims for injunctive or equitable relief
• Small claims court actions (if within jurisdictional limits and not consolidated with other claims)
• Intellectual property disputes
15.6 Arbitration Opt-Out
You may opt out of this arbitration agreement by sending written notice to support@delibera.ai within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, all other provisions of these Terms remain in effect.
15.7 Non-U.S. Residents
If you reside outside the United States, disputes shall be resolved in the courts of competent jurisdiction as specified in Section 16.1.
16. GENERAL PROVISIONS
16.1 Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. For disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware.
16.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
16.3 No Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Delibera, Inc.
16.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction, including to an affiliate or in connection with a merger, acquisition, or sale of assets.
16.5 Entire Agreement
These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.
16.6 Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights except as expressly stated.
16.7 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
16.8 Export Controls
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce. You represent that you are not located in a country subject to U.S. government embargo or designated as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
16.9 Government Users
If you are a U.S. government entity or using the Services on behalf of a U.S. government entity, the Services are Commercial Items as that term is defined at 48 C.F.R. §2.101, and you acknowledge that the Services are licensed subject to these Terms.
16.10 Notices
We may provide notices to you via email to the address associated with your account, by posting notice through the Services, or by other legally acceptable means. You may provide legal notices to us at the contact information in Section 17.
17. CONTACT INFORMATION
For questions about these Terms, please contact us at:
Delibera, Inc.
Legal Department
Support: support@delibera.ai
Website: www.delibera.ai
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
Last Updated: February 2, 2026