Effective Date: January 10, 2025
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Welcome to DeltaGenAI, Inc. (“DeltaGen,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of our websites, products, software, mobile applications (if applicable), and services (collectively, the “Services”). By using the Services in any capacity, you agree to be bound by these Terms. If you are using the Services on behalf of an entity that has a separate order form or data license agreement with DeltaGen (a “Subscription Agreement”), and that agreement grants you additional or different rights, then the relevant provisions in that agreement may control where there is any direct conflict with these Terms.
These Terms incorporate by reference any other policies, guidelines, or agreements expressly mentioned herein, including our Privacy Policy and any supplemental terms that apply to certain features or offerings. If you have questions, comments, or concerns regarding these Terms or the Services, please contact us at info@deltagen.ai.
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must cease using the Services immediately.
DeltaGen continually enhances its Services and may update or modify these Terms at any time. If we make material changes, we will notify you by:
Your continued use of the Services after updated Terms become effective indicates acceptance of the revised Terms.
These Terms are effective on the date you first use or access our Services.
While these Terms govern your use of the Services, our Privacy Policy provides details on how we collect, use, and protect personal data. By using the Services, you confirm that you have reviewed and agree to our Privacy Policy.
You must be at least 18 years old (or the legal age of majority in your jurisdiction) to use our Services. If you are under that age, you represent that a parent or guardian has reviewed and agreed to these Terms on your behalf.
By using the Services, you represent that you are not barred under any laws from doing so, and if you are using the Services on behalf of an organization, you have the authority to bind that organization to these Terms.
If you are an Authorized User under a Subscription Agreement:
Certain features of the Services may require registration. You agree to provide accurate, current, and complete information during sign-up and to promptly update any information that changes.
You are responsible for all activity that occurs under your account. DeltaGen is not liable for any loss or damage arising from unauthorized use of your account due to your failure to secure your credentials. If you become aware of unauthorized use, you must notify us promptly.
If you sign up for a paid subscription:
Unless otherwise required by law or set out in a separate agreement:
You are solely responsible for any sales, use, and other taxes or charges imposed by governmental authorities in connection with your use of the Services. If DeltaGen is legally required to collect such taxes, we will add them to your billing.
Unpaid balances may accrue interest at a rate of 1.5% per month (or the highest rate allowed by law, whichever is lower). DeltaGen reserves the right to suspend access to the Services if your account is past due.
The Services and their content (“Content”) may only be used for your internal business operations or personal use (as applicable). You may view, download, and manipulate Content solely for legitimate business or personal purposes as outlined in these Terms and any relevant Subscription Agreement.
Subject to any usage limits in a Subscription Agreement or these Terms:
You agree NOT to:
You agree to promptly notify DeltaGen at info@deltagen.ai if you believe there has been any unauthorized access to or use of the Services, your account credentials, or the Content.
“User Content” refers to any data, text, files, or materials that you upload, submit, or transmit via the Services. You retain all ownership rights to your User Content.
By submitting User Content:
If you or your organization uploads data or content not originally sourced from DeltaGen (“Subscriber Data”), you grant DeltaGen a limited license to display and use such Subscriber Data within the Services for your internal use. DeltaGen disclaims any responsibility or liability for the accuracy or completeness of Subscriber Data provided by you or your organization.
Any feedback, suggestions, or ideas you provide may be used by DeltaGen without obligation to you, and you hereby assign all such feedback to DeltaGen.
Unless otherwise expressly stated, the Content is provided for informational purposes only and does not constitute an offer or solicitation of securities, financial advice, or an endorsement of any investment strategy.
Nothing in the Services or Content is intended to establish an advisory relationship. You remain solely responsible for your investment and other financial decisions.
If you are accessing any data about prior performance of investment funds, you represent that you are an accredited investor under applicable regulations or otherwise authorized by law to view such information.
The Services may contain links to other websites or resources (“Linked Sites”). These Linked Sites are provided for your convenience only. DeltaGen does not endorse and is not responsible or liable for the content, products, or services on Linked Sites. Your use of Linked Sites is at your own risk.
We may terminate or suspend your account and access to the Services for any reason, including violation of these Terms, non-payment of fees, or conduct that creates potential legal liabilities or disrupts the Services.
You may terminate your account at any time by following the account cancellation process or contacting info@deltagen.ai.
Upon termination:
THE SERVICES, INCLUDING ALL CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DELTAGEN AND ITS LICENSORS/SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
Some jurisdictions do not allow the exclusion of certain warranties, so some of these disclaimers may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Some jurisdictions do not allow the limitation or exclusion of certain liabilities, so some of the above may not apply to you.
You agree to indemnify, defend, and hold harmless DeltaGen and its affiliates, employees, officers, agents, and partners from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:
DeltaGen will reasonably notify you of any third-party claim subject to your indemnification obligation and permit you to control the defense and/or settlement of such claim, provided that any settlement includes a full release of DeltaGen.
Neither party will be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay results from causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, cyberattacks, civil unrest, embargoes, power outages, or governmental action.
These Terms are governed by the laws of the [State of Delaware], USA, without regard to conflict-of-law principles (unless a different governing law is specified in a Subscription Agreement).
Any dispute arising out of these Terms or the Services will be resolved in the state or federal courts located in [New York, NY], unless otherwise specified in a Subscription Agreement. You consent to the personal jurisdiction of these courts.
Except where prohibited by applicable law, all disputes related to these Terms or the Services must be brought on an individual basis, and you waive any right to participate in a class action or class-wide arbitration.
Nothing in these Terms creates any partnership, agency, franchise, or employment relationship between you and DeltaGen. You have no authority to act on our behalf.
You may not assign or transfer your rights or obligations under these Terms without DeltaGen’s prior written consent. DeltaGen may assign or transfer these Terms (or any rights/obligations hereunder) to a successor entity in connection with a merger, acquisition, or sale of assets.
If any portion of these Terms is found unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. A waiver of any term or condition by DeltaGen must be in writing and shall not constitute a waiver of future enforcement of that term or any other term.
You agree to comply with all relevant export control and trade compliance laws, including U.S. economic sanctions and embargoes, in connection with your use of the Services.
These Terms, along with any documents expressly incorporated by reference (including any Subscription Agreement, if applicable), constitute the entire agreement between you and DeltaGen regarding your use of the Services and supersede all prior or contemporaneous communications and proposals.
Provisions relating to intellectual property, indemnification, limitation of liability, disclaimers, governing law, dispute resolution, and any other provision that by its nature should survive, will survive termination of these Terms.
For additional information, questions, or concerns about these Terms or the Services, please contact us at: info@deltagen.ai