Terms of Use

Effective date: July 20th, 2025

Welcome to Delphi. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, applications, and Delphi Digital Minds (the “Services”). If you are a Delphi Digital Mind creator (a “Digital Mind Creator”), you are subject to the Creator’s Terms https://www.delphi.ai/terms-creator. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: support@delphi.ai
Address: 850 Montgomery St, Suite 350, San Francisco, California 94133

These Terms of Use (the “Terms”) are a binding contract between you and DELPHI AI, INC. (“Delphi,” “we,” “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy https://www.delphi.ai/privacy-policy, Copyright Dispute Policy, Community Guidelines, and other relevant policies https://www.delphi.ai/biometric-consent. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference. By using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THESE TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS‑WIDE ARBITRATION.

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://www.delphi.ai, send you an email, and/or notify you by some other means. If you don’t agree with the new Terms, you may reject them; however, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Delphi takes the privacy of its users very seriously. For the current Delphi Privacy Policy, please see https://www.delphi.ai/privacy-policy.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are under 13, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at support@delphi.ai.

You may be required to sign up for an account, select a password and user name (“Delphi User ID”), and provide certain information. You promise to provide accurate, complete, and updated registration information about yourself. You may not select as your Delphi User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

Additionally, you may access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google (and potentially Facebook, Twitter, Instagram, and YouTube). By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services, subject to your privacy settings with the Third Party Account provider.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you have your parent’s or guardian’s permission and they agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to bind that organization or entity, in which case “you” and “your” refer to that organization or entity.

You will use the Services for your own internal, personal, non‑commercial use and not on behalf of or for the benefit of any third party, and only in compliance with applicable laws. If your use is prohibited by applicable laws, you are not authorized to use the Services. You will not share your Delphi User ID, account, or password with anyone, and you must protect the security of your account and credentials. You are responsible for any activity associated with your account.

As part of the Services, you may receive communications (for example, via email or SMS). By signing up and providing your wireless number, you confirm that you want Delphi to send you information that may be of interest, which may include Delphi using automated dialing technology to text you at the provided number, and you represent and warrant that each person you register has consented to receive communications from Delphi. You agree to indemnify and hold Delphi harmless from any claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising from or related to your breach of the foregoing.

To use a Delphi Digital Mind, Delphi and/or our service providers may collect audio of your voice to enable speech‑to‑text recognition and transcription. We do not generate voiceprints designed to uniquely identify you. We will only use your voice to provide the Services and for related business purposes (e.g., maintaining, improving, or updating our services). We will protect, use, store, and destroy audio in accordance with applicable laws and appropriate technical and organizational measures. We disclose voice audio files only where required by applicable law. We and/or our service providers may store voice audio until no longer needed to provide the Services to you, or for up to 3 years from your last interaction, whichever comes first, unless we are legally required to retain it longer.

You represent, warrant, and agree that you will not provide or contribute anything (including any Content or User Submission) to the Services, or otherwise use or interact with the Services, in a manner that:

• infringes or violates the intellectual property rights or any other rights of anyone else (including Delphi);
• violates any law or regulation, including applicable export control or privacy laws;
• is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• jeopardizes the security of your or anyone else’s account;
• attempts to obtain another user’s password, account, or other security information;
• violates the security of any computer network or cracks any passwords or security encryption codes;
• runs any form of auto‑responder or “spam” on the Services, or any processes that interfere with the proper working of the Services;
• “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (including for training of an AI model);
• copies or stores any significant portion of the Content;
• decompiles, reverse engineers, or attempts to obtain the source code of the Services;
• contains software viruses or harmful code;
• attempts to bypass or circumvent measures used to prevent or restrict access to the Services;
• modifies, translates, or creates derivative works of any part of the Services without Delphi’s consent;
• uses Output to develop products that compete with Delphi;
• copies, rents, leases, distributes, or otherwise transfers any rights granted hereunder.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

The materials displayed, performed, or available on or through the Services, including text, graphics, data, articles, photos, images, illustrations, User Submissions, and Clone Output (collectively, “Content”) are protected by intellectual property laws. You agree to abide by all notices, rules, and restrictions in any Content you access, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit any Content not owned by you without prior consent of the owner or in a way that violates others’ (including Delphi’s) rights.

Subject to these Terms, we grant each user a worldwide, non‑exclusive, non‑sublicensable, non‑transferable license to use Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of Content for any purpose other than using the Services is prohibited without prior written permission. You understand that Delphi owns the Services.

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” You are solely responsible for your User Submissions and represent they are accurate, complete, up‑to‑date, and compliant with applicable laws. You agree that you will not provide User Submissions that (i) infringe third‑party rights; (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence toward animals; (vii) promote fraudulent schemes, MLM, gambling, or dubious money‑making ventures; or (viii) violate any law.

User Submissions are owned by you. To display your User Submissions on the Services, and allow others to enjoy them (as applicable), you grant us certain rights in those User Submissions as described below, subject to our Privacy Policy https://www.delphi.ai/privacy-policy.

For all User Submissions, you grant Delphi and its partners (including Digital Mind Creators and third parties who provide Digital Minds through Delphi) a worldwide, non‑exclusive, perpetual, royalty‑free, fully paid, sublicensable, and transferable license to translate, modify (for technical purposes), reproduce, and otherwise act with respect to such User Submissions to operate the Services.

If you store a User Submission privately (“Personal User Submission”), you grant the above license and a license to display, perform, and distribute your Personal User Submission for the sole purpose of making it accessible to you and providing the Services. If you share a User Submission with a limited audience (“Limited Audience User Submission”), you grant the above licenses, and a license to display, perform, and distribute your Limited Audience User Submission to such specified users, and those users receive a license to access and use it as permitted by the Services. If you share a User Submission publicly (“Public User Submission”) or provide feedback or suggestions to Delphi, you grant the above licenses and a license to make the Public User Submission accessible to all users and to use it in connection with the Services and Delphi’s business. Other users receive a license to access and use it as permitted by the Services.

Licenses are royalty‑free, perpetual, sublicensable, irrevocable, and worldwide. When you delete your account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain available), but it may not be possible to completely delete that content from Delphi’s records, and your User Submissions may remain viewable elsewhere to the extent copied or stored by others. Certain features allow sharing through Third Party Accounts; if you redistribute Content, you must be able to edit or delete it and do so promptly upon our request. Delphi may need to make changes to your User Submissions to conform to technical requirements; the foregoing licenses include those rights.

We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated. You access all such information and Content at your own risk, and we aren’t liable for any errors or omissions or any damages or loss you might suffer. Output generated by our Services based on User Submissions is produced via machine learning and is not tested, verified, endorsed, or guaranteed to be accurate, appropriate, complete, or current by us. You should independently review and verify Output. We are not responsible for monitoring or verifying Output, and we are not responsible for inaccuracies or other errors in Output and/or any errors in User Submissions.

We cannot control and have no duty to act regarding how you interpret or use Content or what actions you take after exposure to Content, and you release us from all liability for acquiring or not acquiring Content through the Services. We cannot guarantee the identity of users with whom you interact and are not responsible for who gains access to the Services. The Services may contain links or connections to third‑party websites or services; you accept that there are risks, and Delphi is not responsible for them. We encourage you to read the terms and privacy policies of any third‑party websites or services that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third‑party website or service.

Your interactions with organizations and/or individuals found through the Services (including payment and delivery of goods or services) are solely between you and them. Delphi is not responsible or liable for any loss or damage arising from such dealings. If there is a dispute between participants on the Services, or between users and any third party, Delphi is under no obligation to become involved. If you have a dispute with one or more users, you release Delphi and its affiliates and representatives from claims and damages of every kind or nature, known or unknown, arising out of or in any way related to such disputes and/or our Services. You waive California Civil Code Section 1542 (and similar laws) regarding unknown claims.

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, introduce new features, impose limits on certain features, or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.

The Services may be free or paid. If a free Service begins charging a fee, we will notify you in advance. Data and message rates may apply for text messages. Any such charges are your responsibility. Please consult your carrier. Paid Services may be subject to the following:

• Paid Services: See pricing at https://www.delphi.ai/pricing. Any payment terms presented to you during signup or use are part of these Terms.
• Billing: We use Stripe, Inc. as our Payment Processor. Stripe’s Terms: https://stripe.com/us/checkout/legal. Privacy: https://stripe.com/us/privacy. By choosing Paid Services, you agree to pay all charges at the prices in effect for any use of such services in accordance with applicable payment terms.
• Payment Method: Your payment terms are based on your Payment Method and agreements with your provider. If payment is not received, you agree to pay all amounts due upon demand.
• Recurring Billing: Some Paid Services may include recurring charges. By selecting a recurring plan, you accept responsibility for recurring charges until cancellation. You may terminate via Account Settings.
• Current Information Required: You must keep your Billing Account information current and accurate. Update changes via Account Settings. We may continue charging you for Paid Services unless you terminate as set forth.
• Change in Amount Authorized: If the amount to be charged varies from what you preauthorized (other than due to taxes), you will receive notice of the amount and date before the charge.
• Auto‑Renewal: Unless you opt out via Account Settings, Paid Services auto‑renew for successive terms at the then‑current rate. Cancel anytime via Account Settings.
• Reaffirmation of Authorization: Your continued use reaffirms our authorization to charge your Payment Method.
• Free Trials and Promotions: Any free trial or promotion must be used within the specified time. You must cancel before the end of the trial to avoid charges.

You may delete your account anytime via Account Settings or by contacting support@delphi.ai. Please review our Privacy Policy and the licenses above to understand how we treat your information after you stop using the Services. Delphi may terminate or suspend your access for any reason, including breach of these Terms. Account termination may result in destruction of Content associated with your account. If deleted by mistake, contact support@delphi.ai. The following survive termination: payment obligations, indemnities, limitations of liability, ownership/IP terms, and dispute resolution provisions.

Delphi may offer rewards or incentives for referrals. For current offers, see https://affiliate.delphi.ai/signup. Referrers may refer individuals or entities who are neither current customers nor registered users. Rewards are provided for Referees who complete the required action. Delphi may modify or terminate any offers at any time and may revoke offers for any reason. If Delphi determines unfair advantage or violation of the terms/spirit of the offer, Delphi may revoke rewards or charge for any rewards already used or issued to ineligible parties. All offers are subject to additional terms presented with the offer.

THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS‑IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR‑FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL ANY DELPHI PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND; (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO DELPHI IN THE 12 MONTHS PRECEDING THE CLAIM; OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW CERTAIN EXCLUSIONS/LIMITATIONS, SO THESE MAY NOT APPLY TO YOU.

You agree to indemnify and hold the Delphi Parties harmless from any and all claims, liabilities, damages, losses and expenses (including attorneys’ fees) arising from or related to: (a) your use of the Services (including actions by a third party using your account), and (b) your violation of these Terms.

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, without Delphi’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to its conflicts of laws provisions.

PLEASE READ THIS SECTION CAREFULLY. THIS ARBITRATION AGREEMENT (“Arbitration Agreement”) MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. MOST CUSTOMER CONCERNS CAN BE RESOLVED BY EMAILING SUPPORT@DELPHI.AI. IF NOT, ANY DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION, EXCEPT YOU OR DELPHI MAY ELECT TO BRING QUALIFYING INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY.

“Dispute” includes any claims or controversies related in any way to these Terms or your use of the Services, regardless of legal theory, and includes claims that arose before you entered these Terms or out of a prior agreement with Delphi, and claims that arise after termination. The arbitrator shall decide all issues except those reserved for a court herein, including questions of scope, validity, enforceability, and arbitrability. This Arbitration Agreement does not prevent you from bringing your Dispute to the attention of any government agency.

Mandatory Pre‑Arbitration Informal Dispute Resolution: Before arbitration, the parties agree to attempt to resolve any Dispute informally by exchanging a personally signed Pre‑Arbitration Notice containing (a) a description of the Dispute, (b) contact information, (c) sufficient information to identify any transaction at issue, and (d) a detailed description and calculation of the relief sought). A 60‑day period for informal resolution follows. Requested individualized settlement conferences will be honored. Any applicable limitations periods are tolled during this process.

Arbitration Rules; Individualized Relief; Fees: AAA Consumer Arbitration Rules apply (https://www.adr.org), as modified by this Agreement. A single arbitrator will apply these Terms as a court would and adjudicate Disputes according to applicable law and facts based upon the record only. Cost shifting and fee provisions apply as described in the Terms. Unless both parties agree otherwise, all claims must be arbitrated or litigated on an individual basis; the arbitrator may award relief only to the extent necessary to provide relief warranted to the individual party seeking relief. No public injunctions.

Additional Procedures for Coordinated Disputes/Filings (Mass Filings): If 25 or more similar Disputes are asserted and coordinated, AAA’s Mass Arbitration Supplementary Rules and staged procedures apply (selection of individual cases, sequential filings, and global mediation) to promote efficiency and conservation of resources. Courts of competent jurisdiction may enforce this staging requirement.

Opt‑out: You may opt out of arbitration by sending a personally signed written notice to 850 Montgomery Street, San Francisco CA 94133, postmarked within 60 days of first agreeing to terms with Delphi that included an arbitration agreement, including (a) your name and address, (b) the email/phone associated with your account, and (c) a clear statement that you want to opt out of arbitration. Opting out does not affect other provisions (e.g., class action waiver).

Severability and Survival; Future Changes: Except as specifically provided, if any part of this Arbitration Agreement is found invalid or unenforceable as to your Dispute, that part shall be severed and the remainder shall continue in full force. If we make future changes (other than address changes), you may reject them by sending written notice to the address above within 30 days of the change; rejecting does not opt you out of arbitration altogether and you agree to arbitrate Disputes under this version.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU AND DELPHI WAIVE THE RIGHT TO A JURY TRIAL AND ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR LITIGATION. THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS‑WIDE SETTLEMENT.

You will be responsible for paying, withholding, filing, and reporting all taxes and other governmental assessments associated with your activity in connection with the Services, provided that Delphi may, in its discretion, do any of the foregoing on your behalf or for itself. The failure of either party to exercise any right shall not be deemed a waiver. If any provision is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms remain in full force. These Terms are the complete and exclusive statement of the mutual understanding between you and Delphi and supersede all previous written and oral agreements relating to the subject matter. You acknowledge you are not an employee, agent, partner, or joint venturer of Delphi and have no authority to bind Delphi in any respect.

Except as expressly set forth in the arbitration agreement, there are no third‑party beneficiaries intended under these Terms.