ATLASINGO SOFTWARE OÜ – TERMS OF SERVICE
- Company Name : ATLASINGO SOFTWARE OÜ
- Brand Name : Delfiny AI
- Address : Harju maakond, Kesklinna linnaosa, 3. korrus, Viru väljak 2 10111, Tallin
In this agreement, ATLASINGO SOFTWARE OÜ is referred to as "Delfiny AI and/or we", encompasses our website is located at delfiny.ai, affiliated websites, networks, applications, mobile applications, and other services provided by us, collectively referred to as 'Service'. These terms of service constitute a legal and binding agreement between you and Delfiny AI regarding the use of the respective service.
Please Carefully Read The Terms Below.
By clicking the "I Accept" button, downloading the relevant program/service, installing the program/service on any platform such as a computer, phone, or any other device you can use, accessing the service, or using the program/service, you acknowledge and understand the terms and conditions for providing the service as a condition of using the service. By doing so, you accept the following agreement and all its terms, including Delfiny AI's Privacy Policy, additional terms, and policies that Delfiny AI may provide from time to time, including the content and terms related to providing the service (including this section). If the terms in the agreement content are not suitable for your intended use and/or if you do not accept the agreement, you do not have permission to use the service provided by Delfiny AI. Your use of the service offered by Delfiny AI and/or Delfiny AI providing the service directly to you implies that the terms of this agreement bind you and Delfiny AI. If you have any questions, comments, or concerns about these terms or the service, please contact us at "[email protected]"
1. DEFINITIONS
Advertising Account: The user's account is registered on any 'advertising network'.
Advertising Network: A third-party advertising platform (e.g., Meta/Facebook/Instagram, Google) within the scope of this agreement, connected to an advertising account and where relevant services are provided.
Advertising Expenditures: The total sum of all amounts included in the user's advertising accounts, regardless of the actual use and/or expenditure of these amounts.
Add-on: Any additional product or service that can be purchased in connection with services, not limited to those listed.
Affiliates: Any organization directly or indirectly controlled by, controlling, or under common control with a party to this agreement.
In accordance with this definition, control means the direct or indirect ownership or control of more than 50% of the voting rights of the organization in question.
Confidential Information: All confidential information disclosed by one party (disclosing) to the other party (receiving) without a breach of any obligation to the Discloser, obtained from a third party, and/or independently developed by the Receiver, excluding any commitments to the Discloser. In addition to the abovementioned situations, User Data will be considered 'Confidential Information' under this agreement.
Customer Data: All data sent or collected through service providers. Customer Data does not include the content of Delfiny AI.
Personal Data Protection Law: The applicable law governing the processing and use of personal data for the relevant party under this agreement, subject to change, repeal, consolidation, or modification from time to time in any case.
Feedback: Any and all feedback, comments, suggestions, ideas, recommendations, proposals, improvement requests, data, statistics, or any other information you can provide related to the services.
Free Services: Trial packages or services explicitly stated as free, or other products and features that we offer to users at no cost.
Intellectual Property: All patents, copyrights, trade secrets, trademarks and service marks, trade names, trade dress, goodwill, and related marketing rights, works of authorship, discoveries, improvements, methods, processes, formulas, designs, techniques, and derivative works, along with all other intellectual property or proprietary rights (whether registered or unregistered) and all applications and registrations for the foregoing rights, and all universal equivalents or similar forms of protection.
Delfiny AI Content: All information, data, text, messages, software, audio, video, images, and tags provided or made available through the services we offer.
Master Account: The primary Delfiny AI account to which your advertising accounts are linked.
Purchase: The subscription to or purchase of services covered by this agreement, as confirmed by the numbered and Delfiny AI approved order form and subscription process.
Personal Data: Any and all information and data concerning an identified or identifiable individual within Customer Data, protected in accordance with applicable Data Protection Laws, is considered personal data or personally identifiable information.
Platform: Refers to Delfiny AI's proprietary platform for the management, planning, optimization, monitoring, and execution of advertising strategies and related activities, along with all associated documentation, including updates, upgrades, changes, and enhancements.
Refund: Signifies the reimbursement of the payment made by the user by Delfiny AI.
Security Breach: The violation of the security of services leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to Customer Data under our control or possession.
Sensitive Data: Encompasses credit or bank card numbers, financial account numbers or wire transfer instructions, government-issued identification numbers (e.g., Social Security or passport numbers), biometric information, personal health information, or any other information protected under current Health Data Protection Laws, the personal information of children protected under any Child Data Protection Laws, and other special categories of information or information combinations specified under current Data Protection Laws.
Subscription: Recurring subscriptions (pricing depends on the chosen meeting count) purchased on a monthly basis through the order you have created, granting access and the right to use services in compliance with this agreement, until canceled.
Term: Denotes the initial term of your subscription as specified in your current orders and all subsequent renewal periods. In the case of services provided for free by Delfiny AI, the term will be the period during which you have an active account to access Free Services.
Third-Party Services: Software, applications, and/or services provided and licensed by third parties that can work together with or be used in connection with the services. This includes all products, services, websites, or other resources (including content, products, or services) that third-party services may display, link to, or make available.
2. SUITABILITY AND RECORD
- 1.Compliance:
- You must be at least 18 years old to use the services provided by Delfiny AI. By accepting the terms in this agreement, you hereby declare and warrant to us that:
- a. You are 18 years old,
- b. Your account has not been suspended or barred from previously provided service,
- c. Your registration and use of the services comply with all applicable laws and regulations in effect. If you are a legal entity, organization, or company, the person accepting these Terms on your behalf represents and warrants that they have the authority to perform these actions on your behalf and enter into the contract. In this case, any references to you in the agreement (and all your obligations in the agreement) are made to the said legal entity and to any individual using the Service on behalf of that legal entity.
- 2.Registration:
- In order to access the services provided by Delfiny AI, you need to have an account. When you wish to register with Delfiny AI by opening an account, you will be required to provide personal data, including your name, email address, and other contact information. You acknowledge that the information you provide is accurate, and you agree to keep this information accurate and up-to-date at all times. Upon registration with Delfiny AI, you will be prompted to set a password for use in logging into the system. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that the security of your account is compromised, you should immediately inform us at "[email protected]".
3. DELFINY AI SUBSCRIPTION AND SUBSCRIPTION TERMS
The user initiating the subscription agrees to make monthly payments automatically in the subscribed amount, using a credit card or an alternative payment method entered into the system. Refunds cannot be issued for reasons such as forgetting to cancel the subscription or non-use of the software. DELFINY AI reserves the right to make changes to subscription plans and may exercise this right at any time without prior notice. DELFINY AI informs the user in advance of any changes to subscription plans, and if the user does not cancel the subscription, they will be charged based on the new subscription fee and held responsible. Anyone registering with DELFINY AI agrees that their contact information, such as email and phone, may be used in marketing communications. If the user does not agree, they can change the options from the software. DELFINY AI is not responsible for any technical issues that advertisers may encounter in their advertising accounts after using the software.
4. CHANGES IN SERVICES OR AMENDMENTS TO TERMS OF SERVICE
We reserve the right to make changes to any Delfiny AI service, policy, terms, and conditions, including these Terms of Service. The terms and conditions, policies, and Terms of Service in effect at the time you use Delfiny AI's services will apply. If any provision of the Terms of Service is deemed invalid, void, or for any reason unenforceable, such provision will be considered divisible, and it will not affect the validity or enforceability of the remaining provisions.
5. GENERAL PAYMENT TERMS
- The features of the service can be customised by choosing the meeting count, will require payment when you sign up for the respective service. Before making any payment, you will have the opportunity to review and accept the fees that will be charged to you. All fees are in U.S. dollars and are non-refundable. Fees vary based on different pricing schemes for individual users and organizations.
- Delfiny AI reserves the right to determine the pricing for the services it provides. Delfiny AI makes reasonable efforts to keep the pricing information published on its website up to date and will continue to do so. We recommend regularly checking our website for the latest pricing information (https://delfiny.ai/pricing). Delfiny AI may change the fees for any feature of the service, including additional charges or base fees, by providing you with advance notice before implementing any changes. Delfiny AI may, at its sole discretion, offer promotional deals to any customer with different features and prices. These promotional offers will not be applicable to you unless specifically offered to you and until accepted by you or as otherwise specified in these Terms.
- By placing orders with Delfiny AI and selecting any Service level, you authorize Delfiny AI to collect all amounts described in these Terms or published by Delfiny AI for the orders you place and the chosen Service level, using the payment method provided by you.
6. RESPONSIBILITIES
We will make our best efforts to ensure the uninterrupted accessibility of Delfiny AI and the error-free transmission of data. However, it cannot be guaranteed due to the inherent nature of the internet. Additionally, your access to the services provided by Delfiny AI may be suspended or restricted at various times for repairs, maintenance, or the introduction of new features or services. The frequency and duration of such suspensions or restrictions will be limited and will not adversely affect usage.
Delfiny AI shall not be liable for (i) damages arising without its own breach, or (ii) business loss (including loss of profit, income, contract, anticipated savings, data, goodwill, or wasted expenditure), or (iii) indirect damages not foreseeable by either you or Delfiny AI when you commence using the services provided by Delfiny AI.
Delfiny AI shall not be liable for any damages arising from the free tools and free uses offered on the website and software.
In the event of a delay or failure to fulfill our obligations under these terms for any reason beyond our reasonable control, Delfiny AI shall not be held responsible for such delay or non-fulfillment of obligations. This provision will not affect your legal rights to reimbursement if you have not received the goods or services within a reasonable time or due to reasons beyond our reasonable control.
Some countries' regulations may not partially or entirely permit the limitations stated above. If you are connecting from such countries, the entirety or some of the above limitations may not apply to you, and you may have additional rights.
7. DATA COLLECTION, USAGE, AND SECURITY
Protection of Customer Data: Delfiny AI implements and maintains reasonable physical, technical, and organizational safeguards to protect your personal data. As part of your subscription, Delfiny AI may store your data in a specific location or geographic region (e.g., North America or Europe), subject to the rules of these terms. Delfiny AI and its Affiliates may transfer customer data (including personal data) to the United States in connection with the provision of services, provided it complies with the rules outlined in these terms.
Sensitive Information: Users acknowledge that the services provided by Delfiny AI are not designed to process or manage sensitive information, and commit not to upload, collect, manage, or process sensitive information using the services. Delfiny AI expressly disclaims any liability arising from users using the services to upload, collect, manage, or process sensitive information.
Usage Data: Delfiny AI may collect, use, share, and disclose usage data for various purposes, including but not limited to calculating fees, scope analysis, monitoring activities, and improving services.
Security Vulnerability: In the event that a party becomes aware of a security vulnerability, unless prohibited by law or instructed otherwise by law enforcement or regulatory authorities, the notifying party shall promptly (within 72 hours in any case) notify the other party. In addition to providing such notice, the notifying party shall take immediate and reasonable steps to investigate and mitigate the effects of the security vulnerability.
8. DELFİNY AI SOFTWARE TERMS
In addition to these and any Usage Terms that may be added in the future, software terms shall apply to all types of software ("Delfiny AI Software"), including any updates and upgrades, that we may make available to you at various times in connection with your use of the Amazon Services, including but not limited to the software and related documentation.
9. COPYRIGHT, AUTHOR'S RIGHTS, AND DATABASE RIGHTS
Texts, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, including any content incorporated into or made accessible through any Delfiny AI service, are owned by Delfiny AI and its content providers. They are protected by international copyright, author's rights, and database right laws. Compilations of all content incorporated into or made accessible through any Delfiny AI service are exclusively owned by Delfiny AI and are protected by international copyright and database right laws.
You may not access or reuse any portions of the content of any Delfiny AI service without our explicitly given written permission. Specifically, you may not use any data mining, robot, or similar data gathering and extraction tools to access any significant portion of the content of any Delfiny AI service for reuse (once or repeatedly) without our explicitly given written permission. Additionally, without our explicitly given written permission, you may not create or publish your own database containing significant portions of any Delfiny AI service (e.g., our prices and product listings).
10. INTELLECTUAL PROPERTY CLAIMS
Delfiny AI respects the intellectual property of others. In the event that you believe your intellectual property rights are being violated, please contact us at "[email protected]"
11. LICENSE AND ACCESS
Subject to your compliance with these terms of service and the payment of any applicable fees, Delfiny AI or its content providers grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the services provided by Delfiny AI and to use them for personal and non-commercial purposes. This license does not permit the resale or commercial use of any Delfiny AI service or content; any collection and use of any product listings, descriptions, or prices in any way; any derivative use of any Delfiny AI service or content; the downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
In these Terms of Service, all rights not expressly granted to you are reserved and protected by Delfiny AI or its licensors, suppliers, publishers, rights holders, or other content providers. Any Delfiny AI service or any portion of any Delfiny AI service or content may not be reproduced, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our explicit written consent.
Without our explicitly given written permission, you may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Delfiny AI. You are prohibited from using any meta tags or any other "hidden text" that utilizes the names or trademarks of Delfiny AI without our explicitly given written consent. Otherwise, Delfiny AI reserves the right to pursue all available legal remedies.
You cannot misuse the services provided by Delfiny AI. You may only use the services provided by Delfiny AI in a manner permitted by the law. In the event of your non-compliance with these Terms of Service and/or the malicious use of the provided services, licenses for using Delfiny AI services provided by Delfiny AI will be terminated.
12. FORCE MAJOR
If the performance of Delfiny AI's obligations arising from the contract is prevented or delayed due to force majeure events, including but not limited to rebellion, embargo, state intervention, riot, occupation, war, mobilization, strike, lockout, labor actions, or boycotts, labor disputes between employees and employers, cyber attacks, communication issues, infrastructure and internet failures, system improvements or upgrades and resulting malfunctions, power outage, fire, explosion, storm, flood, earthquake, migration, pandemic, or any other natural disaster or events beyond the control of Delfiny AI, not arising from its fault, and reasonably unforeseeable ("Force Major"), then Delfiny AI cannot be held responsible for the obligations that are prevented or delayed as a result of Force Major, and such a situation shall not be considered a breach of the contract.
13. WAIVER
In the event of your violation of these Terms of Service and our decision not to take any action, we reserve the right to nonetheless exercise our rights and legal remedies in any situation where you have breached these Terms of Service.
14. CONTACT INFORMATION
The owner of this website is ATLASINGO SOFTWARE OÜ, and ATLASINGO SOFTWARE OÜ provides this website. You can find the specific terms of service and sales related to other Delfiny AI services on our website.