End User License Agreement (EULA)

1. License Grant

Delos Analytica AG ("Delos Analytica," "we," "us," or "our") grants you ("User" or "you") a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Delos Analytica AI-supported SaaS solution (the "Service") strictly in accordance with this End User License Agreement ("EULA") and your applicable subscription plan.

2. Restrictions

2.1. Prohibited Actions

• Copying and Distribution: You may not copy, reproduce, modify, adapt, translate, create derivative works of, distribute, sell, lease, license, or otherwise exploit any part of the Service.

2.2. Reverse Engineering

• Prohibition: You are expressly prohibited from decompiling, disassembling, reverse engineering, or attempting to derive the source code of the Service or any part thereof.

2.3. Usage Limits

• Adherence to Plan: You must adhere to the usage limits specified in your subscription plan, even if the software technically allows for more usage.
• Fair Use Policy: Excessive use beyond reasonable limits may result in additional charges or suspension of your account.

3. Intellectual Property Rights

3.1. Ownership

• Delos Analytica Property: All rights, title, and interest in and to the Service, including all intellectual property rights, are and shall remain the exclusive property of Delos Analytica AG.
• User Content: By entering data into the Service for analysis, you acknowledge that such data becomes part of the Service's intellectual property to the extent necessary for the operation of the Service.

3.2. No Transfer of Rights

• No Implied Rights: Except for the limited license granted herein, no other rights or licenses are granted or implied under any intellectual property rights owned or controlled by Delos Analytica AG.

4. Termination Conditions

4.1. By User

• Notice Requirement: You may terminate your license by providing a 30-day written notice prior to the expiration of your annual subscription.

4.2. By Delos Analytica AG

• For Breach: We reserve the right to terminate your license immediately if you breach any terms of this EULA or other applicable policies.
• Effect of Termination: Upon termination, your right to access and use the Service will cease immediately, and you must destroy all copies of any related documentation.

5. Warranty Disclaimer

• "As Is" Basis: The Service is provided "as is" and "as available," without warranties of any kind, either express or implied.
• No Warranties: Delos Analytica AG disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• No Guarantee: We do not guarantee that the Service will be error-free, secure, or uninterrupted.

6. Limitation of Liability

• Maximum Liability: In no event shall Delos Analytica AG's total liability exceed the amount you have paid for the Service in the twelve (12) months preceding the claim.
• Exclusion of Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this EULA or your use of the Service.

7. Governing Law and Jurisdiction

• Governing Law: This EULA shall be governed by and construed in accordance with the laws of Switzerland.
• Jurisdiction: Any disputes arising under or in connection with this EULA shall be subject to the exclusive jurisdiction of the courts located in Zug, Switzerland.

8. Miscellaneous

• Severability: If any provision of this EULA is held invalid, the remainder shall continue in full force and effect.
• Entire Agreement: This EULA, along with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and Delos Analytica AG regarding the Service.

Service Level Agreement (SLA)

Delos Analytica AG

Effective Date: 01 October 2024

1. Uptime Guarantee

1.1. Uptime Commitment

• Service Availability: Delos Analytica AG guarantees that the Service will be available at least 99.5% of the time during each calendar month, excluding Excluded Downtime as defined below.

2. Performance Metrics

2.1. Availability

• 24/7 Access: The Service will be accessible 24 hours a day, 7 days a week, excluding scheduled maintenance and Excluded Downtime.

2.2. Latency

• Response Time: The average response time for any request will be maintained within acceptable industry norms to ensure efficient operation.

2.3. Error Rate

• Error Threshold: We strive to maintain an error rate of less than 1% for all requests.

3. Support Response Times

3.1. Standard Support

• Response Time: We will respond to standard support requests within 2 business days.

3.2. Premium Support

• Response Time: We will respond to premium support requests within 1 business day.

3.3. Dedicated Account Manager

• Response Time: Your dedicated account manager will respond within 4 business hours.

3.4. Business Hours Definition

• Business Hours: Defined as 9:00 AM to 6:00 PM Central European Time (CET), Monday through Friday, excluding public holidays.

4. Remedies

4.1. Service Credits

• Eligibility: If we fail to meet the uptime guarantee, you may be eligible for service credits.
• Calculation: Service credits are calculated as a percentage of your monthly subscription fee, proportional to the amount of downtime beyond the guaranteed uptime.

4.2. Claim Procedure

• Notification: You must notify us in writing within 30 days of the end of the month in which the downtime occurred.
• Limitation: Service credits are your sole and exclusive remedy for any failure to meet the uptime guarantee.

5. Exclusions

5.1. Scheduled Maintenance

• Advance Notice: We will notify you at least 24 hours in advance of any scheduled maintenance.
• Exclusion: Downtime during scheduled maintenance windows is excluded from uptime calculations.

5.2. Force Majeure

• Definition: Any downtime resulting from events beyond our reasonable control, such as natural disasters, acts of government, or internet service provider failures.
• Exclusion: Such events are excluded from uptime calculations.

5.3. User Actions

• Your Responsibility: Downtime caused by your actions or equipment, including misuse of the Service, is excluded from uptime calculations.

6. Changes to SLA

• Modification Right: We reserve the right to modify this SLA upon 30 days' notice.
• Notification: Changes will be communicated via email or through the Service.

Acceptable Use Policy (AUP)

Delos Analytica AG

Effective Date: 01 October 2024

1. Prohibited Content

Users must not upload, transmit, or share content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.
• Infringes on any intellectual property rights, including copyrights, trademarks, or trade secrets.
• Contains viruses, malware, or any other harmful code.

2. Prohibited Activities

Users are expressly prohibited from engaging in the following activities:

2.1. Spamming

• Sending unsolicited bulk messages or spam through the Service.

2.2. Security Violations

• Attempting to probe, scan, or test the vulnerability of any system or network without proper authorization.

2.3. Unauthorized Access

• Accessing, tampering with, or using non-public areas of the Service or shared areas you have not been invited to.

2.4. Disruption

• Interfering with or disrupting any user, host, or network, including overloading, flooding, spamming, or mail-bombing any part of the Service.

2.5. Malicious Software

• Uploading or transmitting viruses, worms, or any other destructive code.

2.6. Illegal Activities

• Engaging in any activity that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive.

2.7. Intellectual Property Infringement

• Using the Service to infringe upon the intellectual property rights of others.

3. Enforcement Actions

Violations of this AUP may result in:

• Immediate Termination: Termination of your account without notice or compensation.
• Content Deletion: Removal of prohibited content from the Service.
• Legal Action: Possible legal action for damages or to enforce compliance.
• Account Suspension: Temporary suspension of your access to the Service.

4. Reporting Mechanism

• Contact Information: Violations can be reported via email to:
  Silvan Krähenbühl
  CEO, Delos Analytica AG
  Email: silvan.kraehenbuehl@delosanalytica.com
• Confidentiality: Reports will be handled confidentially to the extent possible.

5. Changes to AUP

• Modification Right: We reserve the right to modify this AUP at any time.
• Notification: Significant changes will be communicated via email or through the Service.

Refund and Cancellation Policy

Delos Analytica AG

1. Refund Eligibility

1.1. No Refunds

• Policy Statement: We do not offer refunds under any circumstances, including but not limited to unused service periods or partial months.

2. Cancellation Process

2.1. Notice Requirement

• Written Notice: Subscriptions can be canceled by providing a 30-day written notice prior to the end of the current license period.
• Method of Cancellation: Send cancellation requests to silvan.kraehenbuehl@delosanalytica.com.

3. Notice Period

• 30-Day Requirement: All cancellations require a minimum of 30 days' notice before the end of the subscription term.
• Effective Date: Cancellation will take effect at the end of the current billing cycle following the notice period.

4. Partial Refunds

4.1. No Partial Refunds

• Policy Statement: We do not provide partial refunds or credits for any unused portion of your subscription.

5. Termination by Delos Analytica AG

• For Breach: We reserve the right to terminate your subscription immediately if you breach any terms of our agreements.
• No Refunds on Termination: No refunds will be provided if we terminate your account due to a violation of our policies.

Disclaimer

Delos Analytica AG

1. Warranty Disclaimer

• "As Is" Basis: The Service is provided "as is" and "as available," without warranties of any kind.
• No Warranties: We expressly disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

2. Liability Limitation

• Maximum Liability: Our total liability for any claims under these terms is limited to the amount you paid us in the twelve (12) months preceding the claim.
• Exclusion of Damages: We shall not be liable for any indirect, incidental, special, consequential, or exemplary damages.

3. Third-Party Links

• No Responsibility: We disclaim responsibility for any third-party content accessed through our Service, including websites, products, or services linked from our platform.
• User Responsibility: Accessing third-party links is at your own risk, and you should review the terms and policies of any third-party websites you visit.

4. Indemnification

• User Indemnity: You agree to indemnify and hold harmless Delos Analytica AG from any claims arising out of your use of the Service or violation of these terms.

Intellectual Property Policy

Delos Analytica AG

1. Content Ownership

• Delos Analytica Property: All intellectual property rights, including but not limited to software, designs, text, graphics, and other content related to the Service, are owned by Delos Analytica AG.
• User-Entered Data: By using the Service, you acknowledge that Delos Analytica AG retains ownership of all content processed within the Service, including data entered by users for analysis.

2. License to Use User Content

• Limited License: You grant Delos Analytica AG a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and adapt your content solely for the purpose of providing and improving the Service.

3. Copyright Infringement

• Reporting Claims: If you believe that your work has been copied in a way that constitutes copyright infringement, please report it to:
  Silvan Krähenbühl
  CEO, Delos Analytica AG
  Email: silvan.kraehenbuehl@delosanalytica.com
• Required Information: Include a description of the copyrighted work, the location of the infringing material, and your contact information.

4. Trademark Use

• Prohibited Use: Users may not use Delos Analytica AG's trademarks, logos, or service marks without prior written consent.
• Permission Requests: For inquiries about using our trademarks, please contact us at silvan.kraehenbuehl@delosanalytica.com.

Accessibility Statement

Delos Analytica AG

Currently, Delos Analytica AG does not adhere to specific accessibility guidelines such as the Web Content Accessibility Guidelines (WCAG). We acknowledge the importance of accessibility and are committed to addressing accessibility features in future updates to our Service.

• Feedback: We welcome feedback from users regarding accessibility improvements. Please contact us at silvan.kraehenbuehl@delosanalytica.com with any suggestions or concerns.

Security Policy

Delos Analytica AG

1. Security Measures

We employ industry-standard security practices to protect user data:

1.1. Data Encryption

• In Transit: All data transmitted between your device and our servers is encrypted using SSL/TLS protocols.
• At Rest: Sensitive data is encrypted at rest where applicable.

1.2. Access Management

• Authorization Controls: Strict access controls ensure that only authorized personnel can access sensitive data.
• Authentication: Multi-factor authentication is used for administrative access.

1.3. Regular Security Assessments

• Assessments: Routine security assessments and penetration testing are conducted to identify and address vulnerabilities.
• Compliance Checks: Regular audits are performed to ensure compliance with our security policies.

1.4. Secure Development Practices

• Development Lifecycle: Our software development lifecycle includes security checkpoints, code reviews, and vulnerability scanning.
• Training: Developers receive training on secure coding practices.

1.5. Third-Party Audits

• External Audits: We engage independent third parties to audit our security practices periodically.
• Certifications: While we may comply with certain security standards, we currently hold no formal certifications.

2. User Responsibilities

2.1. Account Security

• Strong Passwords: Users should use strong, unique passwords and change them regularly.
• Credential Confidentiality: Do not share your access credentials with others.
• Logout Practices: Always log out from the Service when not in use.

2.2. Unauthorized Access

• Notification: Notify us immediately at silvan.kraehenbuehl@delosanalytica.com if you suspect any unauthorized use of your account.
• Responsibility: You are responsible for all activities that occur under your account.

3. Incident Response

In the event of a security incident:

3.1. Immediate Action

• Containment: We will take immediate steps to contain and mitigate the incident.
• Investigation: A thorough investigation will be conducted to determine the nature and scope.

3.2. Notification

• Timeliness: We will notify affected users and relevant authorities within 72 hours if required by law.
• Information Provided: Details about the incident, affected data, and measures taken will be communicated.

3.3. Remediation

• Preventive Measures: We will implement measures to prevent future incidents.
• Follow-Up: Ongoing monitoring to ensure the effectiveness of remediation efforts.

4. Compliance Standards

• Current Compliance: While we follow industry best practices, we currently hold no formal security certifications.
• Future Certifications: We are exploring opportunities to obtain relevant security certifications to further demonstrate our commitment to data security.

Contact Information

Delos Analytica AG

Sennweidstrasse 43

6312 Steinhausen

Switzerland

• Email: silvan.kraehenbuehl@delosanalytica.com
• Response Time: We aim to respond to all inquiries within 2 business days.

Beta Testing Agreement

Delos Analytica AG

1. Confidentiality

• Non-Disclosure: Beta users agree to keep all information related to the beta software strictly confidential.
• Confidential Information: Includes software features, functionality, performance, and any other proprietary information.
• Duration: The confidentiality obligation remains in effect until the official public release of the software or as otherwise specified.

2. Feedback Requirements

• Feedback Provision: Users are expected to provide feedback via emails, in-product feedback tools, calls, or meetings.
• License to Use Feedback: You grant Delos Analytica AG a perpetual, irrevocable, royalty-free license to use, modify, and incorporate your feedback into our products and services.

3. Usage Limitations

• Authorized Use: Use of the beta software is restricted to testing and evaluation purposes as per prior agreement.
• No Commercial Use: You may not use the beta software for any commercial purposes.

4. Liability and Support

4.1. Disclaimer of Warranties

• "As Is" Basis: The beta software is provided "as is" without any warranties, express or implied.
• No Guarantees: We do not guarantee the accuracy, completeness, or reliability of the beta software.

4.2. Limitation of Liability

• Exclusion of Damages: Delos Analytica AG shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from your use of the beta software.

4.3. Data Loss

• Acknowledgment: You acknowledge that data may be lost or altered during the beta testing phase.
• No Liability: We are not responsible for any data loss or corruption.

4.4. Support

• Discretionary Support: Support during the beta phase is provided at our discretion and may be limited.
• No Obligation: We are under no obligation to provide support or updates.

Additional Considerations

1. Third-Party Services

• Integrations: Our Service integrates with third-party services such as OpenAI and may rely on other third-party APIs.
• Third-Party Terms: Use of these services may be subject to third-party terms and conditions.
• No Liability: We are not responsible for third-party services' availability or performance.

2. International Users

• Global Availability: We serve users globally and comply with applicable international regulations.
• Data Transfers: By using the Service, you consent to the transfer of your data to countries outside your own, including countries that may have different data protection laws.

3. Children's Online Privacy

• Not for Minors: Our Service is not intended for users under the age of 16.
• B2B Focus: We exclusively target business-to-business (B2B) clients.
• No Collection of Minors' Data: We do not knowingly collect personal information from children under 16.

4. Marketing Communications

• Promotional Emails: We may send promotional emails and updates about changes and improvements to the Service.
• Opt-Out: Users can opt-out of marketing communications by following the unsubscribe instructions included in the emails.
• Transactional Communications: Even if you opt-out of marketing emails, we may still send you transactional or administrative messages.

5. Data Retention Policy

5.1. Active Accounts

• Retention Period: Personal data is retained for as long as your account is active to provide the Service.

5.2. Account Closure

• Post-Closure Retention: Upon account closure, personal data is retained for 12 months to comply with legal obligations, resolve disputes, and enforce agreements.

5.3. Anonymization

• After Retention Period: Personal data is anonymized and may be used for statistical analysis and to improve the Service.