Terms of Service

01 Accepting these Terms

You accept these Terms when you use the Site, and again, expressly, when you tick the consent box on our demo request form and submit it.

If you are acting for a company or another organization, you confirm that you are authorized to accept these Terms on its behalf, and “you” then means both you and that organization.

02 Who may use the Site

This is a business-to-business website, intended for restaurant operators, their teams, prospective customers, partners and investors. It is not intended for consumers, for guests of the restaurants our customers run, or for personal or household purposes.

The Site is not directed to anyone under 18, and you must be at least 18 to use it or to submit the demo request form. Do not use the Site if we have told you that your access is withdrawn, or if the law bars you from receiving our software.

03 What the Site is, and is not

The Site describes Delight AI and our product, Delight One, an operating assistant used by restaurant companies to run their restaurants. It exists to introduce the product and to let you ask for a demonstration.

Descriptions of features, capabilities, deployment counts and results are general marketing statements. They are not a warranty, a service level commitment, a promise that a capability will exist or continue to exist, or an offer capable of acceptance. Nothing on the Site creates a contract to supply software to you, and nothing on it is legal, accounting, tax or employment advice.

We display a customer’s name or mark only with that customer’s permission. Where we name a restaurant brand, a vendor or another company, we do so only to identify the businesses our customers operate or the systems we work with. Those names belong to their owners, and their use implies no endorsement or affiliation.

04 Requesting a demo

The form asks for your work email address, first name, last name and company, with a phone number as an optional field. Please give accurate information, use a work email address for the business you represent, and do not submit another person’s details unless they have asked you to.

When you submit, we record your entries, the state of the consent box and the time, store that record in our cloud environment in the United States, and email a copy to our founders. Our Privacy Policy explains this in more detail.

Marketing consent and how to stop it

The consent box reads: “I agree to Delight AI’s Terms of Service and Privacy Policy, which include my consent to receive product and marketing information from Delight AI. I can unsubscribe at any time.” Ticking it means you agree to these Terms and the Privacy Policy, and to receive product news and marketing from us.

You can withdraw that consent at any time. Every marketing email carries an unsubscribe link, and you can write to hello@delightai.ai instead. We act within ten business days. We may still send messages that are not marketing, such as a reply to your question or a notice about an account you hold.

If you give us a phone number

The phone field is optional and the form works without it. If you provide a number, you agree that we may contact you at it about your request and our products, by phone call or text message, placed by a person on our team or sent by our systems. Text messages may incur charges from your mobile carrier. Reply STOP to any text to opt out of texts, or tell us by email or on a call. Giving us a phone number is not a condition of buying anything from us.

What happens next

After you submit, we send you on to the Delight One sign-in page at wen.delightai.net, which is for customers and their authorized users. Submitting the form does not create an account, grant access or entitle you to a demonstration, and we may decline a request without giving a reason. Do not try to defeat the form’s abuse controls, submit bulk entries, or use the form to send us marketing of your own.

05 Customer subscriptions are governed by a separate agreement

Delight One is sold to businesses under an order form and master subscription agreement, or another written agreement, between Delight AI and the customer organization.

That agreement, not these Terms, sets the commercial and operational terms: fees, scope, ownership of customer data and what we may do with it, confidentiality, security, support, availability, warranties, liability, term and termination. If it conflicts with these Terms, it prevails for the software and the data in it, and these Terms continue to govern the Site.

If you use Delight One for a customer, your use is subject to your employer’s agreement with us and its own policies.

06 Accounts and sign-in

Accounts for Delight One are created for the authorized users of a customer organization and are personal to the individual they are issued to.

• Keep your password, passkey and other credentials confidential, and do not share a login.
• You are responsible for what happens under your account, including anything done by someone you let use it.
• Tell us at hello@delightai.ai as soon as you suspect a credential has been compromised.
• Your access, and the restaurants and reports you can see, are set by your employer, who can change them and can see your activity in the product.

We may suspend or limit an account where we reasonably believe it is necessary to protect the service or other users, to investigate misuse, to comply with law, or because the customer agreement requires it.

07 Acceptable use

When you use the Site, you agree not to:

• break any law, or infringe or misappropriate anyone’s rights;
• submit someone else’s personal information without permission, or impersonate any person or organization;
• probe, scan or test the security of the Site or our systems, or try to bypass authentication, access controls or rate limits, without our prior written permission;
• interfere with the availability of the Site, for example through excessive automated requests;
• scrape or bulk-collect content, other than ordinary indexing by a search engine that respects our robots file;
• copy, republish, resell or build a competing product from our content, or reverse engineer our software except where that restriction is void under applicable law;
• upload malware or anything designed to damage or gain unauthorized access to a system;
• use the Site or anything obtained from it to send unsolicited commercial messages; or
• misrepresent your relationship with Delight AI.

If you believe you have found a security problem, please report it to hello@delightai.ai before testing anything further, and do not access, alter or retain data that is not yours. We may investigate misuse, block access and report conduct to law enforcement.

08 Our intellectual property

The Site and its contents, including the text, design, layout, graphics, images and code, and Delight One with its documentation, are owned by Delight AI or our licensors and are protected by copyright, trademark and other laws.

We give you a limited, revocable, non-exclusive and non-transferable permission to view the Site and to print or save a reasonable number of pages in order to evaluate a business relationship with us. It does not extend to reusing our content commercially, removing proprietary notices, or using the Site to build a product or dataset. No other licence is granted.

“delight ai”, “Delight One”, our wordmark and our logo are trademarks of Delight AI, whether or not registered. Do not use them without our written permission, except to refer to us fairly and accurately.

09 Feedback

If you send us an idea, suggestion or feature request about our product or the Site (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free and transferable licence to use, modify and commercialize it without restriction, attribution or payment. Feedback is given voluntarily and is not confidential.

So please do not send confidential information through the Site or in unsolicited email. Information a customer gives us under a signed agreement stays governed by the confidentiality terms of that agreement, which this section does not change.

10 Third-party links and services

The Site links to services we do not control and loads web fonts from Google’s servers. We are not responsible for third-party sites, their content, their availability or their handling of your information, and a link is not an endorsement. When you leave the Site, the terms and privacy policy of the destination apply.

11 Privacy

Our Privacy Policy explains what we collect on the Site and in Delight One, why, who we share it with, how long we keep it, and the choices and rights you have. It forms part of these Terms.

12 Disclaimers

The Site is provided “as is” and “as available”. To the fullest extent permitted by law, Delight AI disclaims all warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, title and non-infringement, and any warranty arising from a course of dealing or trade usage.

We do not warrant that the Site will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that its content is accurate, complete or current. Figures and descriptions may go out of date, and the product will change.

This section does not limit any warranty we have expressly given in a signed customer agreement, and it applies only so far as the law allows.

13 Limitation of liability

To the fullest extent permitted by law, Delight AI and its officers, directors, employees, contractors and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, business interruption or the cost of substitute services, arising out of the Site or these Terms, on any theory of liability and even if we were told such damages were possible.

Our total liability for all claims relating to the Site is limited, in aggregate, to the greater of what you have paid us for access to the Site, normally nothing, and one hundred United States dollars (US$100).

Nothing here excludes liability that cannot be excluded by law, including for fraud, willful misconduct, or death or personal injury caused by negligence. Liability for the software is dealt with in the customer agreement. These limits are a reasonable allocation of risk, form an essential basis of our bargain, and apply even if a limited remedy fails of its essential purpose.

14 Indemnification

You agree to defend, indemnify and hold harmless Delight AI and its officers, directors, employees and agents from any claim, loss, liability, damage, cost or expense, including reasonable legal fees, arising out of your use of the Site, your breach of these Terms, your violation of any law or anyone’s rights, or the information you submit to us, including another person’s details submitted without their permission.

We will tell you about any claim we seek indemnity for. You may not settle a claim in a way that imposes an obligation or admission on us without our written consent, and we may take over the defence at our own cost, with your cooperation.

15 Suspension and termination

These Terms apply for as long as you use the Site. We may change, suspend or discontinue the Site or any part of it at any time, with or without notice, and we may withdraw your access if you breach these Terms or if we reasonably believe it is necessary to protect our business, our customers or another person.

Sections that by their nature should survive will survive, including Sections 8, 9, 12, 13, 14, 16, 17, 19 and 20. Ending your use of the Site does not by itself end any customer agreement, and the reverse is also true.

16 Governing law and venue

These Terms, and any dispute arising out of them or out of your use of the Site, are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules. You and Delight AI agree that the state and federal courts in Delaware have exclusive jurisdiction, and each of us consents to personal jurisdiction and venue there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17 Resolving disputes

Talk to us first. If you have a dispute with us, email hello@delightai.ai with your name, your company, the problem and the outcome you want, and we will do the same if we have a dispute with you. Both of us agree to try in good faith to settle it informally for 30 days before starting a formal proceeding. Either of us may still seek an injunction to protect intellectual property or confidential information.

If it is not resolved, it will be decided by the courts in Section 16. Any claim relating to the Site must be brought within one year after it arises, or it is permanently barred, unless the law does not allow that limit.

18 Changes to these Terms

We may update these Terms as our business and the Site change. When we do, we post the updated effective date at the top of this page. For material changes we may also email people who have submitted the demo request form.

Continuing to use the Site after a change takes effect means you accept the updated Terms. If you do not accept them, stop using the Site.

19 General terms

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Delight AI about the Site. They do not replace a signed customer agreement.

Severability and waiver. If any part is unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force. Not enforcing a provision is not a waiver of it.

Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in a merger, acquisition, financing or sale of assets.

No agency. These Terms create no partnership, joint venture, agency or employment relationship, and there are no third-party beneficiaries other than those protected by Sections 13 and 14.

Force majeure. Neither of us is liable for a delay or failure caused by something outside our reasonable control, including natural events, war, civil unrest, labour disputes, utility or network failures and the acts of a third-party provider.

Export and sanctions. You confirm that you are not located in, and are not acting for, a country or person subject to United States embargo or sanctions, and that you will comply with export control and sanctions laws.

Notices. We may give you notice by email at the address you gave us, or by posting on the Site. Legal notices to us go to hello@delightai.ai. Notices sent by email are effective when sent.

Copyright complaints. If you believe material on the Site infringes your copyright, write to hello@delightai.ai with a description of the work, where the material is, your contact details, a statement of your good-faith belief that the use is not authorized, a statement that your notice is accurate, and your signature. We will review it and remove material where appropriate.

Language. These Terms are written in English, and the English version controls over any translation.

20 Contact us

Questions about these Terms are welcome, and a person reads them.

See also our Privacy Policy.