Terms of Service

The following terms and conditions govern all use of the Delighted service and all content, services and products available at or through the website. The Service is owned and operated by Delighted Inc. (“Delighted”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Delighted’s Privacy Policy) and procedures that may be published from time to time on this Site by Delighted (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by Delighted, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.

Your account

If you create an account on the Service, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not use Delighted to send unsolicited messages that could be considered spam. You must immediately notify Delighted of any unauthorized uses of your account or any other breaches of security. Delighted will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Acceptable use

You may only use the Service to solicit feedback about your own products, services, or brands. You may not use the Service for general market research about products, services, or brands not provided or owned by You.

Customer data

Customer Data will be and will remain your property. “Customer Data” means any profile information, data, and other content or information provided by you, directly or indirectly, to Delighted in connection with your use of the Service, including without limitation such data, content, and information related to your business. Delighted shall only use Customer Data in accordance with Delighted’s Privacy Policy. For the avoidance of doubt, this includes without limitation, using Customer Data in aggregate form to create reports, provide and improve the Service, and provide better functionality to our customers.

Payment and renewal

Certain portions of the Service may be provided for a fee or other charge. If you choose to use paid elements of the Service, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges, posted or linked here. Delighted may add new services for additional fees and charges, or change fees and charges for existing services, at any time in its sole discretion.

No refunds

If you cancel your subscription, you will not receive a refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

Subscription terms

You acknowledge and agree that you shall be responsible for paying all fees due for the full term of your subscription, whether or not you cancel such subscription prior to the end of such term. You further acknowledge and agree that the term of your subscription shall automatically renew for additional successive terms equal to the period of your initial term, unless you provide Delighted with notice of your intent not to renew your subscription at least 30 (30) days prior to the end of the then-current subscription term.

Payment information

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You shall pay all applicable subscription fees, including any sales, excise, service, use or other taxes now or hereafter imposed upon or required to be collected by Delighted by any authority in connection with or arising from the Service and/or this Agreement, excluding taxes based upon Delighted’s net income. You shall pay each invoice issued by Delighted by the applicable due date and in the currency specified by Delighted. Any amounts not paid when due shall bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate allowed by law, whichever is less.

Restricted use

You may not use the Delighted API to substantially replicate products or services offered by Delighted, including the republication of Delighted content or the creation of a separate similar platform for public use. If Delighted believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the Delighted may be temporarily or permanently revoked, with or without notice.

Intellectual property

This Agreement does not transfer from Delighted to you any Delighted or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Delighted. Delighted, Delighted logo, and all other trademarks, service marks, graphics and logos used in connection with Delighted, or the Website are trademarks or registered trademarks of Delighted or Delighted’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Delighted or third-party trademarks.

Collection and use of customer data

In connection with any Customer Data, you hereby represent and warrant that (a) any personally identifiable information about your end users that you provide to Delighted was, is, and will be collected with the informed consent of such end users, (b) you have obtained all necessary rights, releases, and permissions to provide such Customer Data to Delighted, and (c) the collection, use, and disclosure of such information by you does not violate any laws or rights of any third party, including without limitation any Intellectual Property Rights, rights of privacy, or rights of publicity, and is not inconsistent with the terms of any applicable privacy policies.Delighted takes no responsibility and assumes no liability for any Customer Data that you or any other User or third party provides, posts, publishes or transmits over the Service. You shall be solely responsible for Customer Data and the consequences of using, disclosing, or transmitting it, and you agree that Delighted is only acting as a passive conduit.

Security

We have implemented commercially reasonable and industry standard technical and organizational measures designed to secure Customer Data from accidental loss and from unauthorized access, use, alteration or disclosure. However, you acknowledge that Delighted cannot guarantee that unauthorized third parties will never be able to defeat those measures.

Confidentiality

Confidential Information of either party will mean information disclosed to or learned by the receiving party concerning the disclosing party’s business, customers, products, proposed products, plans, inventions, processes and techniques, which is designated as “Confidential”, “Proprietary” or some similar designation or should reasonably be considered to be confidential or proprietary due to its nature or the context of its disclosure. Confidential Information does not include information that: (i) is or becomes generally known to the public through no fault or breach on the part of the receiving party; (ii) the receiving party obtains from a third party rightfully, without breach of nondisclosure obligations and without restriction on disclosure; or (iii) the disclosing party regularly provides to others without restriction on disclosure. Except as explicitly authorized in writing by this Agreement or otherwise, each party will: (a) not use, for its own benefit or the benefit of any third party, the other party's Confidential Information; and (b) use all reasonable care, but in no event less care than it takes to protect its own Confidential Information of similar importance, to protect the other party's Confidential Information from unauthorized use, disclosure and publication. Both parties acknowledge that the breach could cause great or irreparable injury to the disclosing party and that pecuniary compensation would not afford adequate relief, and therefore, that upon any such unauthorized disclosure by the receiving party, the disclosing party shall be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law. Within five (5) days after termination of this Agreement, each receiving party shall destroy or deliver to the disclosing party, at the disclosing party’s option, all materials in receiving party’s possession or control that contain or disclose any Confidential Information of the disclosing party.

Use of your name

You agree that Delighted may use your name, logo, or any other identifying words or marks used by and/or associated with you to identify you as a customer of Delighted, for use in connection with marketing, promoting, and advertising the Service, for use in customer references and case studies involving you, and for use in other activities related to Delighted’s business.

Changes

Delighted reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Delighted may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Service.

Termination

Delighted may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Delighted account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of warranties

The Service is provided “as is”. Delighted and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Delighted nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

Limitation of liability

In no event will Delighted, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Delighted under this agreement during the twelve (12) month period prior to the cause of action. Delighted shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General representation and warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the Delighted Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Delighted, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Delighted and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Delighted, or by the posting by Delighted of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Mateo County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Palo Alto, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Delighted may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.