Last updated April 30, 2024
DELVE AI BETA TERMS OF USE
Welcome to the Delve AI Beta Program! We are testing out new features for Delve that utilize AI (the “Experimental Software”). Delve is owned and operated by Twenty To Nine, LLC.
In order to participate in the Delve AI Beta Program you must agree to these Delve AI Beta Terms of Use (the “Agreement”).
Twenty To Nine, LLC ("Twenty To Nine," “we” or “us”) has designed and developed a Delve AI Beta Program ("Delve AI Beta Program") to, among other things, allow a limited number of users to access test versions of Experimental Software, and to provide feedback and comments to us regarding use of such applications. By joining the Delve AI Beta Program, you agree to be bound by the terms and conditions set forth herein.
1. Your Feedback. By enrolling in the Delve AI Beta Program you will have the ability to: (a) test, evaluate and analyze the Experimental Software (b) and provide feedback, analysis, suggestions and comments to Twenty To Nine (including, but not limited to, interviews, surveys, bug reports and test results) (collectively, “Feedback”). By enrolling in the Delve AI Beta Program, you hereby consent to the recording of interviews for our internal use in the Delve AI Beta Program.
By participating in the Delve AI Beta Program, you agree that any Feedback you provide will become the property of Twenty To Nine and you agree that we may use or otherwise exploit all or part of your feedback or any derivative thereof in any manner or media now known without any further remuneration, compensation or credit to you. You represent and warrant that you have right to enter into this Agreement and assign and grant the rights set forth herein, and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third party intellectual property rights.
2. Acknowledgment of Beta Software. You acknowledge and agree that: (a) the Experimental Software is not an official product and has not been commercially released for public use by Twenty To Nine; (b) the Experimental Software may not operate properly, be in final form or fully functional; (c) the Experimental Software may contain errors, design flaws or other problems; (d) it may not be possible to make the Experimental Software fully functional; (e) the information obtained using the Experimental Software may not be accurate and may not accurately correspond to information extracted from any source; (f) use of the Experimental Software may result in unexpected results, loss of data or communications or other unpredictable damage or loss; (g) Twenty To Nine is under no obligation to release a commercial version of the Experimental Software; and (h) Twenty To Nine has the right unilaterally to abandon development of the Experimental Software, at any time and without any obligation or liability to you. You acknowledge and agree that you should not rely on the Experimental Software for any reason. You are solely responsible for maintaining and protecting all data and information that is retrieved, extracted, transformed, loaded, stored or otherwise processed by the Experimental Software.
3. Third Party Software; User Submitted Information. The Experimental Software utilizes artificial intelligence software owned by third parties and licensed to Twenty To Nine, specifically the OpenAI API Platform (“Open AI”). By using the Experimental Software you agree to be bound by the usage policies of OpenAI (available at https://openai.com/policies/usage-policies). The Experimental Software may result in the sharing of your User Submitted Information (as defined in our Terms of Service) with Open AI. We only share your User Submitted Information with Open AI in accordance with our Privacy Policy (available at https://delvetool.com/privacy-policy) and the OpenAI Enterprise Privacy Policy (available at https://openai.com/enterprise-privacy). By enrolling in the Delve AI Beta Program, you hereby consent to the sharing of your User Submitted Information with OpenAI as set forth herein. You further agree that Twenty To Nine may access your User Submitted Information in accordance with our Privacy Policy and for the purpose of evaluating, testing and improving the Experimental Software.
4. Confidential Information. The Delve AI Beta Program is designed to assist us in researching, analyzing and validating the usability and reliability of certain prospective product features (collectively, the “Purpose”). Twenty To Nine may disclose to you certain information (tangible or intangible) that you agree to treat as Confidential Information as set forth below.
a. Definition. “Confidential Information” means all information disclosed by Twenty To Nine, including, without limitation, documents, designs, techniques, specifications, product plans, strategic information, existing or prospective business plans, existing or prospective product study or pilot test objectives and/or results, and other information related to the Purpose. Consistent with the foregoing, Twenty To Nine may also disclose Confidential Information related to certain unreleased and experimental product features or plans.
b. Obligations Regarding Confidential Information. You agree to: (a) use Confidential Information only for the Purpose; (b) not disclose Confidential Information to any third parties (including the sharing of unreleased/experimental product images); and (c) use the same degree of care, but no less than a reasonable degree of care (including reasonable security measures), to prevent the unauthorized use, dissemination or publication of Confidential Information as you would use to protect your own confidential information of like nature.
c. Remedies. You agree that any breach of this Agreement by you may result in irreparable harm to Twenty To Nine, for which damages would be an inadequate remedy and therefore, in addition to its rights and remedies otherwise available at law, Twenty To Nine shall be entitled to seek equitable relief, including injunction, in the event of such breach.
5. No Compensation or Employment. You acknowledge that you are participating in the Delve AI Beta Program on a purely voluntary basis, as a means of assisting, and in consideration of the opportunity to assist Twenty To Nine to use, implement, and understand various facets of the Experimental Software. Twenty To Nine, at its sole discretion, may provide you compensation for your participation and/or Feedback but you acknowledge and agree that Twenty To Nine has no obligation to do so. In the event Twenty To Nine provides you any form of compensation, you represent and warrant that you will pay all applicable federal, state and local taxes based on any payments received by you. Twenty To Nine makes no guarantee or representation as to whether or not your Feedback regarding the Experimental Software will be used, and you understand and acknowledge that Twenty To Nine will not compensate you for your participation in the Delve AI Beta Program. Furthermore, you acknowledge and agree that nothing in this Agreement or in your voluntary submission of Feedback creates any employment relationship between you and Twenty To Nine.
6. Termination. Twenty To Nine may, in its sole discretion, at any time, terminate or discontinue the Delve AI Beta Program, discontinue your participation in the Delve AI Beta Program, or remove your Feedback. You acknowledge and agree that all such decisions by Twenty To Nine are final and Twenty To Nine will have no liability with respect to such decisions.
7. Notices. Unless otherwise set forth in this Agreement, Twenty To Nine may give general notices to you by posting on any Delve web site and, where possible, by electronic mail to your email address.
8. No Warranty from Twenty To Nine. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE DELVE AI BETA PROGRAM IS AT YOUR OWN RISK. THE DELVE AI BETA PROGRAM IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TWENTY TO NINE EXPRESSLY DISCLAIMS ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, OR CONTRACTORS ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (i) ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OPERATION OF THE DELVE AI BETA PROGRAM, THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE DELVE AI BETA PROGRAM, THE EXPERIMENTAL SOFTWARE, TWENTY TO NINE, AND/OR THE TWENTY TO NINE WEB SITE OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF, AND (ii) THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
9. Limitations of Liability. IN NO EVENT SHALL TWENTY TO NINE, ITS AFFILIATES,EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Twenty To Nine HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, TWENTY TO NINE, ITS AFFILIATES’, ITS EMPLOYEES’, AGENTS’, ATTORNEYS’, CONSULTANTS’ OR CONTRACTORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO $100.00. 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 ACKNOWLEDGE THAT TWENTY TO NINE HAS ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH HEREIN AND THAT THE SAME IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
10. Entire Agreement. These Terms, the Twenty To Nine Terms of Service, available at https://delvetool.com/terms, and Privacy Policy are the entire and exclusive agreement of the parties regarding the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and Twenty To Nine. Twenty To Nine may modify the terms of this Agreement at any time upon notice published on the web site. Your continued participation in the Delve AI Beta Program after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications.