These terms of use are entered into by and between You and Delphi ( "Company," "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use our online platform, including any content, functionality and services offered on or through delphi.ai ("Delphi"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use Delphi. By using Delphi, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.delphi.ai/privacy-policy , incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use Delphi.

No one under 13 is allowed to create an account or use Delphi. If you are under 18, you may only use Delphi with the prior consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you before you start using Delphi.

Delphi is a digital cloning platform that allows users to create AI-powered clones of individuals (“Clones”) and deploy them in various manners. You understand and acknowledge that Clones may not accurately represent the people they are intended to simulate, and their actions and statements are for entertainment purposes only. You should not rely on any statements, representations, or information provided by Clones for any purpose, including but not limited to decision-making, personal, financial, medical or legal matters. Delphi disclaims any responsibility or liability arising from your reliance on Clones or their actions or statements.

Clones of politicians are strictly forbidden on this website and will result in expulsion from the Delphi platform.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of Delphi thereafter.

Your continued use of Delphi following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access Delphi so you are aware of any changes, as they are binding on you.

We reserve the right to discontinue or alter Delphi, and any content we provide on Delphi, in our sole discretion without notice. We will not be liable if for any reason all or any part of Delphi is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Delphi, or the Delphi entirely.

To access Delphi or some of the resources it offers, you will have to create an account (an "Account"). You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. You accept responsibility for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Delphi or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

As between the Company and you, you retain full ownership of the Clones you create on Delphi, unless otherwise specified. This ownership encompasses several key aspects:

• • Intellectual Property Rights:You hold all intellectual property rights associated with your Clones. Delphi does not use your Clones, or the User Content you provided to develop your Clones, to train or enhance our, or any third-party, models.
• • Access Permissions: You control how your Clone is accessed. You can grant, modify, or revoke access permissions at your discretion.
• • Clone Permissions: You can only create a clone of yourself or someone you have written permission to clone. Failure to comply with this rule will result in immediate suspension from the Delphi platform.

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on Delphi are the trademarks of their respective owners.

You agree not to engage in any of the following prohibited activities: (i) providing any false or fraudulent information or documentation or providing information or documentation for any other improper purpose, whether for yourself, your business, or a third party; (ii) copying, distributing, making available, providing access to, or disclosing any part of Delphi in any medium, including, without limitation, by any automated or non- automated “scraping”; (iii) copying, modifying, adapting, translating, preparing derivative works from, reverse engineering, disassembling, or decompiling Delphi or otherwise attempting to discover any proprietary source code or trade secrets related to Delphi; (iv) using the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with Delphi for any purpose without the express written consent of Delphi; (v) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access Delphi in a manner that sends more request messages to the servers running Delphi than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Delphi grants the operators of public search engines revocable permission to use spiders to copy publicly-available materials from Delphi for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (vi) transmitting spam, chain letters, or other unsolicited email; (vii) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running Delphi; (viii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ix) uploading invalid data, viruses, worms, or other software agents through Delphi; (x) collecting or harvesting any personal information from Delphi; (xi) using Delphi for any commercial solicitation purposes; (xii) interfering with the proper working of Delphi; (xiii) accessing any content on Delphi through any technology or means other than those provided or authorized by Delphi; or (ix) bypassing the measures we may use to prevent or restrict access to Delphi, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of Delphi or the content therein.

You further agree not to post User Content (as defined below) that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school or other applicable policy, including those related to cheating or ethics.

Additionally, you agree not to:

• •  Use Delphi in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of Delphi, including their ability to engage in real time activities through Delphi.
• • Use any robot, spider or other automatic device, process or means to access Delphi for any purpose, including monitoring or copying any of the material on Delphi.
• • Use any manual process to monitor or copy any of the material on Delphi, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• • Use any device, software or routine that interferes with the proper working of Delphi.
• • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Delphi, the server on which Delphi is stored, or any server, computer or database connected to Delphi.
• • Attack Delphi via a denial-of-service attack or a distributed denial-of-service attack.
• • Otherwise attempt to interfere with the proper working of Delphi.

We have the right to:

• • Remove or refuse to post any User Content for any or no reason in our sole discretion.
• • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Delphi or the public or could create liability for the Company.
• • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Delphi.
• • Terminate or suspend your access to all or part of Delphi for any or no reason, including without limitation, any violation of these Terms of Use.

These content standards apply to any and all User Content. User Content must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:

• • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• • Promote any illegal activity, or advocate, promote or assist any unlawful act.
• • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

Certain aspects of Delphi may be provided for a fee, subscription fee, or other charge. If you elect to use paid aspects of Delphi, you agree to the pricing and payment terms we make available on Delphi, as we may update them from time to time (“Pricing and Payment Terms”). Any Pricing and Payment Terms are hereby incorporated by this reference herein. You acknowledge and agree that any offers made available through Delphi are subject to change at any time and from time to time. Without limiting the generality of the foregoing, we may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to the Pricing and Payment Terms will become effective in the billing cycle following notice of such change to you as provided in these Terms.

IF YOU SIGN UP FOR A SUBSCRIPTION, THE CORRESPONDING FEES AT THE RATE AS SET FORTH IN YOUR USER ACCOUNT AND/OR ON THE CHECKOUT PAGE WILL AUTOMATICALLY RENEW ON A CONTINUOUS BASIS UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION ON YOUR SETTINGS PAGE IN ADVANCE OF THE NEXT MONTHLY RENEWAL. ANY CANCELLATION WILL BE EFFECTIVE IN THE MONTH FOLLOWING THE MONTH YOU SUBMIT YOUR CANCELLATION. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION, YOUR SUBSCRIPTION, AS APPLICABLE, AND ALL CORRESPONDING FEES WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE US OR OUR AUTHORIZED THIRD PARTY PAYMENT PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE SUBSCRIPTION FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

If Delphi contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party site linked to Delphi, you do so entirely at your own risk and subject to the terms and conditions of use for such site.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Delphi will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF DELPHI OR ANY SERVICES OR ITEMS OBTAINED THROUGH DELPHI OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY DELPHI LINKED TO IT.

YOUR USE OF DELPHI, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH DELPHI IS AT YOUR OWN RISK. DELPHI, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH DELPHI ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF DELPHI. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT DELPHI, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH DELPHI WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DELPHI OR ANY SERVICES OR ITEMS OBTAINED THROUGH DELPHI WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, DELPHI, ANY SITES LINKED TO IT, ANY CONTENT ON DELPHI OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH DELPHI OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of Delphi, including, but not limited to, your User Content, any use of Delphi's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from Delphi.

All matters relating to Delphi and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or Delphi shall be instituted exclusively in the federal courts of the United States or the courts of the State of California although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of Delphi, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Delphi with respect to Delphi and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Delphi.

Since we respect artist and content owner rights, our policy is to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

• • An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that you claim has been infringed; Identification of the material that is claimed to be infringing and where it is located on Delphi;
• • Information reasonably sufficient to permit Delphi to contact you, such as your address, telephone number, and, e-mail address;
• • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
• • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner;

Delphi is operated by Delphi, 2900 NE 2nd Ave, Miami, FL 33137

All notices of copyright infringement claims should be sent to the copyright agent designated in our home page in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to Delphi should be directed to: [email protected] .