DeltaHound Terms of Service

Last Modified: Apr 3, 2024

  1. Your Acceptance

    Welcome to the DeltaHound® Terms of Service (“Agreement”). This Agreement is between DeltaHound, LLC ("DeltaHound") the owner and operator of the website https://deltahound.io and the DeltaHound software, mobile application, components, and any associated services offered (collectively the "Platform') and you ("you", "your", or "User"), a user of the Platform.

    PLEASE BE AWARE THAT THERE ARE CLASS ACTION, ARBITRATION, AND PAGA PROVISIONS CONTAINED IN THIS AGREEMENT.

    Throughout this Agreement, the words "DeltaHound," "us," "we," and "our," refer to our company, DeltaHound, as is appropriate in the context of the use of the words.

    By clicking "I agree," subscribing to the Platform, accessing, or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend our Agreement or the Privacy Policy at any time. If you do not agree with any changes, cease using our Platform immediately.

  2. Platform and Registration

    Users must register on the Platform before accessing the Platform. During registration, your information will be collected and disclosed in accordance with our Privacy Policy. You are required to provide truthful, up-to-date, and accurate information when registering for our Platform and you must be over the age of 18 to register and create an account. We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of your password, account, and for any and all activities that occur under your account. You agree to notify DeltaHound immediately of any unauthorized use of your account or any other breach of security. DeltaHound will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.

  3. Platform Ownership

    In accordance with this Agreement, we may provide you access to the Platform after registration and payment as applicable. The Platform is sold as a subscription and license. Your subscription grants a nonexclusive, limited, non-assignable, and fully revocable right to access the Platform at our discretion. Use of the Platform does not grant any ownership rights to the Platform.

    Your use of the Platform acknowledges that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to DeltaHound and/or DeltaHound's licensors and that DeltaHound and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by DeltaHound. You shall not sell, copy, reproduce, transfer, publish, disclose, display, or otherwise make available the Platform or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by DeltaHound to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by DeltaHound. All rights not expressly granted in this Agreement are reserved for DeltaHound. You may only access the Platform as permitted by us and please be aware that we are not responsible for any User Content encountered on the Platform, whether posted by you or any other person.

  4. Privacy Policy

    We value your privacy and understand your privacy concerns. Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform. Please review our Privacy Policy so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Since our users are from different industries and may submit User Content through our Platform, we require that any user who is a Covered Entity or Business Associate that seeks to use Protected Health Information in connection with our Platform, as those terms are defined under the implementing regulations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), contact us and notify DeltaHound of the need for a business associate agreement to be signed and put in place between us and your organization. Since we require that all users represent and warrant to us that you are permitted and legally authorized to release the User Content to us that you enter or input into our Platform or share with us in connection with your use of our Services, including but not limited to any health or treatment information or Protected Health Information, it is imperative that you contact us and make arrangements with DeltaHound so that a valid business associate agreement is in place between our organizations in connection with your disclosure or use of any Protected Health Information in connection with our Platform.

  5. User Content

    A User's ability to submit or transmit any information through the Platform, including but not limited to user information, data, recordings, written content, images, videos, or any other information will be referred to as "User Content" throughout this Agreement. DeltaHound is not required to host, store, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content at our discretion. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.

    When you submit any User Content to us, you grant DeltaHound, its partners, affiliates, Users, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform. Data-Hound has no liability to you for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform. Specifically, DeltaHound shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.

  6. Additional Guidelines for User Content

    When submitting any User Content you agree to the following:

    • You represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content;
    • You have the absolute right to grant to DeltaHound, all rights, licenses, and privileges granted to or vested in DeltaHound under this Agreement;
    • You obtained all clearances and paid all monies necessary for DeltaHound to exercise the license granted herein and there will not be any other rights to be cleared or any payments required to be made by DeltaHound as a result of any use of the User Content;
    • You represent and warrant that all User Content is legal, and the User Content does not interfere with any third-party rights or obligations and will not infringe on any copyright, moral right, trademark, or other intellectual property right and will not violate any right of privacy or right of publicity;
    • You agree that User Content submitted is truthful, up-to-date, and accurate;
    • You agree not to submit any User Content that violates our internal content policies;
    • User Content offered does not violate any US state or federal laws or any third-party agreements;
    • You agree not to submit any User Content that is considered spam (i.e., unwanted or unsolicited digital communications sent out in bulk); and
    • You agree not to submit any User Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
    • Any User Content that you submit that contains personal health information or Protected Health Information that is protected under HIPAA or other data privacy laws is being handled and submitted in compliance with HIPAA and all applicable laws, rules and regulations.
    If you have violated any of our User Content Guidelines or if we believe that any User Content may harm the Platform, your access to the Platform may be suspended or terminated.

  7. Monitoring User Content

    DeltaHound may monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, DeltaHound may remove or disable access to any User Content at its sole discretion.

  8. Information Generated

    DeltaHound is not responsible for any information generated via the Platform. Information generated may not always be accurate and may contain errors or other issues. User understands and agrees that all information generated by the Platform is dependent on the information contained in any User Content submitted by you and you are solely responsible for that information which may include Third-Party Content. Where you use any software tools within the Platform such as artificial intelligence summarization you understand that such information may be inaccurate, untrue, or out of date. You should not rely on any information generated as a sole source of truth or factual information, or as a substitute for professional advice. Any information generated may be incomplete, incorrect, or offensive. You agree that you are solely for responsible for verifying the accuracy and appropriateness of any information generated. THE USER AGREES TO HOLD DELTAHOUND FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE PLATFORM OR RESULTS GENERATED INCLUDING ANY USE OF ANY SUMMARIZATION TOOLS. DELTAHOUND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM. DeltaHound does not warrant any results, guarantee, endorse, or recommend any information generated and your use of such information generated is at your own risk.

  9. Use of the Platform

    When using our Platform, you are responsible for your use of the Platform. You agree to the following:

    • You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
    • You may not use automated bots or other software to send more messages or upload files through our Platform than humanly possible;
    • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
    • You may not access our Platform in an attempt to build a similar or other competitive product;
    • You may not use the Platform in an unlawful manner;
    • You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
    • You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
    • You may not interfere with or disrupt the Platform;
    • You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing;
    • You agree that you will not hold DeltaHound responsible for your use of our Platform
    • You agree that you will not use the Platform to collect, store, or distribute any information about any other person;
    • You agree not to use the Platform to send or store material harmful to children or in violation of third-party privacy rights;
    • You agree not to use the Platform to impersonate any person, company, or entity;
    • You agree not to use the Platform to display or promote spyware, adware, spam, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance, interception, or descrambling equipment, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, the sale of tobacco or alcohol to persons under twenty-one (21) years of age, pornography, prostitution, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, academic cheating or fraud;
    • You agree not to use or retain generated text or any other data on the Platform for the purpose of creating, training, or improving (directly or indirectly) a note annotation service, product, or platform, including any other machine learning algorithms or machine translation or paraphrasing system; or
    • assist any third-party in doing any of the foregoing.
    If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may, at our discretion, be suspended and/or terminated. Additionally, if we believe that your actions may harm us or a third-party, we may suspend or terminate your use of the Platform and we may pursue any legal remedy available to us under applicable law.

  10. User Content Storage

    DeltaHound at its discretion may offer reasonable amounts of storage for any User Content submitted by User. Where any User exceeds our storage capacity limits, we reserve the right to charge User for such excess storage or terminate this Agreement at our discretion. Please be aware that we have no obligation to offer any storage of any User Content and may change our policies related to User Content storage limits at our discretion. We reserve the right to discontinue storage or modify any pricing, services, policies, or terms related to User Content storage on our Platform·(at any time}. Please be aware that we make no guarantees about any User Content stored on the Platform and User releases us from all liability related to any User Content stored on the Platform. Specifically, we do not guarantee that User's User Content will remain available, secure, accessible, or complete and some or all of User's User Content may be deleted. DeltaHound shall have no obligation to keep or make available any User Content after a termination of User's subscription to the Platform and shall have no obligation to assist in migrating such User Content.

  11. User Payments

    User agrees to pay for all costs, fees, and taxes listed when purchasing access to the Platform, including any recurring subscriptions. Where User has properly paid for a subscription we shall grant User access to the DeltaHound Platform. In addition, User agrees to timely pay any and all fees as charged. User may upgrade or downgrade its subscription at any time; however, where a User has exceeded any usage limits User may be required to pay before accessing any additional services on the Platform. DeltaHound uses a third-party payment processor and where applicable, User must agree to our third party payment processors' terms and conditions for processing payments. We reserve the right to change our third-party payment processor at any time. All prices are listed in the currency as stated at the time of purchase. All information that you provide in connection with a payment or transaction must be accurate, complete, and current. Where User has failed to pay or where payments are overdue, DeltaHound may suspend or terminate User's access to the paid portions of the Platform, without liability to us.

  12. Automatic Payment and Renewal

    Where a User has purchased a subscription, User's payment information shall be logged for User's convenience. IF USER'S ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, DELTAHOUND MAY CHARGE USER AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS USER NOTIFIES US THAT USER WANTS TO CANCEL USER'S AUTOMATIC PAYMENT VIA USER'S ACCOUNT MANAGEMENT PAGE. ADDITIONALLY, USER AUTHORIZES DELTAHOUND TO BILL USER ON A RECURRING BASIS AND AGREES THAT USER'S SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS USER'S INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. USER AGREES THAT NO ADDITIONAL CONSENT IS REQUIRED BY USER TO CHARGE USER'S PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED.

  13. Subscription Cancellation

    You can cancel your subscription at any time by visiting the Subscription section of your account management page located within the Platform. When you have cancelled your subscription, you will continue to have access to all your paid features until the end of your current subscription term. Upon completion of the such term, your account shall automatically be downgraded to the DeltaHound Free plan and your payment information will be deleted after 14 days. Please be aware that upon lapse of any paid subscription some User Content may become inaccessible or may be deleted. You agree that we shall have no liability to you where your User Content has been removed due to a lapse in your paid subscription.

  14. Refunds for Subscription

    DeltaHound wants Users to be satisfied with their subscription. If you are at all unsatisfied with your subscription please contact us and at our discretion, we may offer a one month refund of your subscription purchase.

  15. Taxes

    Where DeltaHound does not charge User taxes for any payments, User agrees to pay any and all applicable taxes. User agrees that DeltaHound cannot and will not provide User with any tax advice, any such questions should be directed to User's tax attorney or other tax professional.

  16. Pricing and Price Increases

    The pricing for all paid subscriptions is listed on the DeltaHound Platform or within User's account. Additionally, DeltaHound may increase the price of any paid subscriptions or DeltaHound fees charged, at our discretion and we reserve the right to do so at any time. In the event of a price increase, DeltaHound shall notify User and User will have the chance to accept or reject any price increase. Where User has rejected a price increase this Agreement will be terminated immediately. User agrees that DeltaHound has no obligation to offer any services for the price originally offered to User at sign up.

  17. Free Trials

    DeltaHound may offer the Platform on a free limited usage basis. DeltaHound reserves the right to discontinue or modify free usage at any time and without liability.

  18. User Account Holds

    From time to time, DeltaHound may freeze or place a hold ("Hold") on a User's account. Some of the reasons that we may place a Hold on User's account include, but are not limited, to the following:

    • If we have reason that User's actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right;
    • At the request of our payment processors or due to delayed payment; or
    • If required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.
    If User has questions about a Hold we may have placed on User's account, or need information about how to resolve the Hold, please contact us at support@deltahound.io. We may suspend User's access to the Platform while such Hold is in place.

  19. Platform Availability

    Although we strive to make the Platform generally available, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform may not always be either 100% reliable or available. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.

  20. Modification of Platform

    We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third-party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform, We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you.

  21. Idea Submission

    DeltaHound or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works ("Submissions") in any form to DeltaHound. The sole purpose of this policy is to avoid potential misunderstandings or disputes when DeltaHound's products might seem similar to ideas submitted to DeltaHound. Any Submissions, whether solicited or unsolicited, will be treated as follows: (1) Submissions and their contents will automatically become the property of DeltaHound, without any compensation to the submitter; (2) DeltaHound may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for DeltaHound to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

  22. Third-Party Content

    DeltaHound does not endorse or warrant any Third-Party Content including but not limited to any materials, results, information, or other data provided by a third-party (collectively "Third-Party Content' and does not assume responsibility for any Third-Party Content encountered on the Platform. If you use or access any Third-Party Content you do so at your own risk. We recommend that you independently evaluate Third-Party Content and you should not solely rely on the Third-Party Content displayed on the Platform to make any decisions. If you require more information regarding any Third-Party Content, please contact the owner of such Third-Party Content. Further, DeltaHound assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third-Party Content.

    Through the Platform User may connect to third party software (“Third Party Software”), which may be used to provide summaries or annotations among other services. Where Third Party Software is made available through the Platform, DeltaHound does not warrant or endorse any such Third Party Software. User uses any Third Party Software solely at their own risk. All such Third Party Software are controlled by third parties and such third parties are solely responsible for any claims or offerings made available through such Third Party Software. Any issues with the transmission, processing, or storage of any User Content by any Third Party Software is solely to be resolved by and between you and any entity owning such Third Party Software. DeltaHound will not be responsible for any connectivity issues related to any Third Party Software and the Platform. User’s access to any Third Party Software is subject to the terms and conditions of the owner of such Third Party Software and User agrees that User’s use of the Platform shall not violate any terms or conditions of such Third Party Software. Please be aware that if we determine that you have misused any Third Party Software, we may at our discretion terminate your use or access to such Third Party Software.

  23. Disclaimer

    THE PLATFORM IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DELTAHOUND, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY ASSOCIATED SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM INCLUDING ANY CONFIDENTIALITY THEREOF; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS, DELTAHOUND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. DELTAHOUND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. DELTAHOUND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND DELTAHOUND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

  24. Limitation of Liability

    IN NO EVENT SHALL DELTAHOUND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DELTAHOUND IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY DELTAHOUND'S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED UNITED STATES DOLLARS, WHICHEVER IS GREATER.

  25. Indemnity

    You agree to defend, indemnify, and hold harmless DeltaHound, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

    • Your use of and access to the DeltaHound Platform;
    • Your violation of any term of this Agreement; or
    • Your violation of any third-party right, including without limitation any copyright, property, or contractual right.
    This defense and indemnification obligation will survive this Agreement and your use of the DeltaHound Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

  26. Copyright Takedown Notice

    We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:

    • Your name;
    • The name of the party whose copyright has been infringed, if different from your name;
    • The name and description of the work that is being infringed;
    • The location on our Platform of the infringing copy;
    • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third-party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; and
    • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
    You must sign this notification and send it to our Copyright Agent: Copyright Agent of DeltaHound, support@deltahound.io or DeltaHound, LLC at 1001 Avenida Pico, Ste C 446, San Clemente, CA 92673.

    Counter Notice

    In the event that you receive a notification from DeltaHound stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:

    • Your name, address, email and physical or electronic signature;
    • The notification reference number (if applicable);
    • Identification of the material and its location before it was removed;
    • A statement under penalty of perjury that the material was removed by mistake or misidentification;
    • Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US); and
    • Your consent to accept service of process from the party who submitted the takedown notice.
    Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: DeltaHound, support@deltahound.io or DeltaHound, LLC at 1001 Avenida Pico, Ste C 446, San Clemente, CA 92673.

  27. Choice of Law

    This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in California. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded.

  28. Disputes

    This Agreement and any dispute arising out of or in connection with this Agreement ("Dispute") shall be subject to arbitration as set forth.

    Binding Arbitration

    You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential binding arbitration. If there is a dispute about whether this arbitration provision can be enforced or applies to the Dispute, you and DeltaHound agree that the arbitrator will decide that issue. However, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

    Arbitration under this Agreement is under the Federal Arbitration Act which governs the interpretation and enforcement of this provision. The arbitration will be administered by JAMS Arbitration in accordance with their arbitration rules (the "Rules") then in effect, found at https://www.jamsadr.com/. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration shall be San Clemente, CA. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within Orange County, CA.

    You have the right to opt out of binding arbitration within thirty (30) days of the date You first accepted this Agreement by notifying us via mail at DeltaHound, LLC at 1001 Avenida Pico, Ste C 446, San Clemente, CA 92673. In order to be effective, the opt out notice must include your full name, any account information, and must clearly indicate Your intent to opt out of binding arbitration. If you have decided to optout of Binding Arbitration, all Disputes shall be heard in a court of competent jurisdiction located within Orange County, CA.

  29. Class Action and PAGA Waiver

    You and DeltaHound agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

  30. Severability

    In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

    If two or more provisions of this Agreement or any other agreement you may have with DeltaHound are deemed to conflict with each other's operation, DeltaHound shall have the sole right to elect which provision remains in force.

  31. Non-Waiver

    We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

  32. Assignment and Survival

    You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. DeltaHound may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimer, User Content, Access, Payment, Indemnification, Class Action, and Arbitration sections.

  33. Entire Agreement and Notices

    This Agreement along with the Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Where this Agreement expressly and directly conflicts with the Privacy Policy, this Agreement shall control. Any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party. Any notices required under this Agreement shall be delivered to DeltaHound, LLC at 1001 Avenida Pico, Ste C 446, San Clemente, CA 92673, delivery confirmation required. Any notices to User shall be delivered either electronically via email to User account or to the address listed within User's account.

  34. Amendments

    We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified, or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and please delete your account through your account management page.

  35. Electronic Communications

    The communications between you and DeltaHound use electronic means, whether you visit the Platform or send DeltaHound e-mails, or whether DeltaHound posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from DeltaHound in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that DeltaHound provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

  36. Platform Issues

    If you have any questions, issues, or have trouble accessing or using the Platform, please contact us through the Platform (https://deltahound.io/Support/ContactForm) or by email at support@deltahound.io.

  37. Termination

    We may terminate this Agreement, if: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm DeltaHound, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. Please be aware that upon termination of your account, access to all or portions of our Platform may be become immediately disabled and any User Content stored on the Platform may become inaccessible or deleted and we shall have no liability to you in regards to any retention of your User Content.

  38. Rewards Program

    DeltaHound may offer a rewards program ("Rewards Program") to Users of the Platform. DeltaHound reserves the right to alter, modify, or discontinue such Rewards Program at its discretion and at any time. Nothing in this Agreement obligates DeltaHound to make any Rewards Program available to any users. Where any Rewards Program is discontinued, DeltaHound's sole obligation shall be to pay any Commissions (defined below) earned by User prior to the discontinuation of the Rewards Program.

    Approval and Tracking

    Upon approval of User by DeltaHound to participate in the rewards program, DeltaHound will provide User with a referral code and approved referral link ("Tracking Mechanism(s)") that User may share with others. DeltaHound reserves the right to disapprove any User at its discretion. Through the Tracking Mechanism DeltaHound may track any verified referral sales ("Referral Sales") generated by User through a payment by a customer of DeltaHound. Any Referral Sale generated must be tracked by the Tracking Mechanism. User shall be responsible for any use or misuse of their Tracking Mechanism, whether or not such access or use has been authorized by User. User shall immediately notify DeltaHound of any such unauthorized use, or any other breach of security.

    User hereby acknowledges and agrees that the Tracking Mechanisms provided by DeltaHound are not error-free and that there may be Referral Sales that are not credited to User due to: (1) deliberate and/or accidental acts by any referred customer that disable or circumvent the Tracking Mechanisms; (2) bugs, glitches, errors or crashes of the Tracking Mechanisms that render them unable to accurately track sales or leads for a period of time; and (3) actions beyond the control of DeltaHound that cause irretrievable data loss on computers and back-up disk media that store commission information, and that DeltaHound shall not be liable for any lost Commissions due to the foregoing.

    Exclusions

    Referral Sales shall not include paid subscriptions placed for the personal or business use of User, User’s employees. directors, officers, or any other parties whose relationship is deemed by DeltaHound to constitute a self-referral by User. Commissions shall not be paid for self-referrals.

    Commission

    Subject to the Terms and Conditions stated herein, User shall be entitled to a revenue share of fifteen percent of the total initial payment actually received ("Commission") for each referred customer recorded through User's Tracking Mechanisms. User shall not be entitled to multiple Commission payments for the same referred customer. Commissions shall be paid in the form of promotional credits and shall not be redeemable for cash. Other than Commissions, User shall not have any claims to any additional payments or other amounts in connection with this Agreement. Any additional revenue shall be kept by DeltaHound.

    Excluded Commissions and Chargebacks

    Notwithstanding anything set forth herein or in any policies to the contrary, User shall not be eligible to receive Commissions in connection with any Referral Sale (1) resulting from actual or alleged fraud, misrepresentation, illegal action or any of the prohibited actions as set forth by DeltaHound, or (2) placed for the business or personal use of User, User's employees, directors, or any other parties whose relationship is deemed by DeltaHound to constitute a self-referral by User. If DeltaHound determines in its sole discretion that User's actions have harmed DeltaHound while participating in the Rewards Program, DeltaHound may, without limiting any other available rights and remedies, withhold the payment of Commissions payable under this Agreement and/or terminate this Agreement with immediate effect. USER ACKNOWLEDGES AND AGREES THAT: (1) USER MAY NOT REALIZE ANY BUSINESS, REVENUE, OR OTHER ECONOMIC BENEFIT AS A RESULT OF USER'S PARTICIPATION IN THIS PROGRAM; AND (2) NOTHING CONTAINED IN THIS AGREEMENT, IN ANY POLICIES OR ON THE PLATFORM SHALL BE CONSTRUED AS ANY GUARANTEE OF ANY MINIMUM NUMBER OF COMMISSIONS OR ANY MINIMUM NUMBER OF OTHER PAYMENTS, INCOME, REVENUE OR OTHER ECONOMIC BENEFIT IN ANY FORM WHATSOEVER.

    IF USER IS PAID A COMMISSION TO WHICH USER IS NOT ENTITLED PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DELTAHOUND SHALL HAVE THE RIGHT TO CHARGEBACK SUCH COMMISSION TO USER OR OTHERWISE OFFSET SUCH COMMISSION. IN ADDITION TO (AND WITHOUT LIMITATION OF) THE FOREGOING, DELTAHOUND SHALL HAVE THE RIGHT TO CHARGEBACK ALL OR ANY PORTION OF A COMMISSION: (1) WITH RESPECT TO A PARTICULAR CUSTOMER TO WHOM A REFUND OR CREDIT IS ISSUED FOR ANY REASON; AND (2) IN CONNECTION WITH USER'S FRAUDULENT RECEIPT OF A COMMISSION. IF DELTAHOUND DETERMINES THAT USER COMMITTED FRAUD OR OTHER MISCONDUCT, DELTAHOUND MAY HAVE THE RIGHT TO CHARGEBACK ALL OR ANY PORTION OF THE COMMISSION(S) PAID TO USER ALONG WITH OUT-OF-POCKET EXPENSES (INCLUDING WITHOUT LIMITATION COLLECTION COSTS) INCURRED BY DELTAHOUND, IN CONNECTION WITH SUCH FRAUD OR MISCONDUCT. THIS SECTION IS WITHOUT PREJUDICE TO ANY OTHER RIGHTS AND REMEDIES AVAILABLE TO DELTAHOUND, WHETHER ARISING AT LAW, UNDER CONTRACT (INCLUDING WITHOUT LIMITATION THIS AGRE EMEND, IN EQUITY OR OTHERWISE. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT INDEFINITELY.

    Commission Payment and Timing

    Commissions for Referral Sales will accrue once the referred customer purchase has (1) been approved by DeltaHound and the applicable customer, and (2) the customer and DeltaHound have determined that no chargebacks or refunds have been enacted. Within approximately forty calendar (40) days following payment receipt by DeltaHound, DeltaHound will pay in the form of promotional credits to User the Commissions earned by User during such period, less any donations, applicable taxes, and fees deducted by DeltaHound. In no event shall DeltaHound have any liability under this Agreement for any Commissions not received by User as a result of an error in any way attributable to: (a) any bank or financial institution; or (b) any other person, entity or occurrence outside of DeltaHound's direct control.