Terms Of Service

Last Updated: January 2026

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE USING THE PLATFORM.

THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE PLATFORM AND SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH HEREIN. BY COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT OR ACCESSING OR USING ANY OF THE PLATFORM AND/OR SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DELIGHTFUL OS, (3) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE PLATFORM/SERVICES IS TRUE, ACCURATE AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE BUSINESS ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT BUSINESS ENTITY TO THE AGREEMENT.

ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY AND DATA PROCESSING AGREEMENT (COLLECTIVELY THE TERMS), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND DELIGHTFUL OS, LLC AND ITS RESPECTIVE OFFICERS, DIRECTORS, BUSINESS AFFILIATES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS DELIGHTFUL OS, WE OR US) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH DELIGHTFUL OS RELATED TO THE PLATFORM.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCEPT THEM AND/OR CREATE A PLATFORM ACCOUNT, AND/OR USE OR ACCESS THE PLATFORM. YOU SHALL BE DEEMED TO HAVE ACCEPTED AND CONSENTED TO THESE TERMS IF YOU DO ANY ONE OR MORE OF THE FOREGOING ACTS. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.

Delightful OS reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

Delightful OS is only providing the Platform for your business use without any promise of exclusivity. Delightful OS's customers, users, entrepreneurs, experts, and partners are not Delightful OS's employees, contractors, or representatives. Delightful OS is not responsible for any interactions between you and your customers, other than providing access to the Platform. Delightful OS is in no way liable for any disputes, claims, losses, injuries, or damages arising from your relationship with your customers, including their reliance upon any information or content you provide. You agree and acknowledge that you are responsible for implementing your own terms of service to govern the relationship between you and your customers.

You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.

1. Use of the Platform

Restrictions. You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You may not use the Platform or the Services if You are an employee, partner, or director of our Competitors or intend to gain access to the Platform in order to compete with the Platform.

Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual's trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms. In the event of a dispute regarding the ownership of a Platform Account, Delightful OS reserves the right to request documentation to determine the rightful owner. Delightful OS is not obligated to act as an arbiter or adjudicator of such disputes. Our determination, made in our sole discretion, will be final and binding on all parties. In resolving an ownership dispute, Delightful OS may consider, without limitation, the following factors: (a) The identity of the individual or entity that has consistently paid the Fees for the Platform Account via the credit card or other payment method on file; (b) The identity of the individual who created the Platform Account; (c) Verifiable, government-issued documentation demonstrating ownership of the underlying business entity associated with the Platform Account (e.g., articles of incorporation, business license, partnership agreement); (d) a court order or other binding legal settlement agreement; and (e) Any other documentation or evidence Delightful OS deems relevant to the dispute. Delightful OS reserves the right to disregard any documentation it believes, in its sole discretion, to be fraudulent, tampered with, or otherwise unreliable. If a rightful owner cannot be reasonably determined by Delightful OS, or if the disputing parties fail to provide a resolution, Delightful OS reserves the right to suspend or terminate the Platform Account until the parties have reached a mutual written agreement or a court of competent jurisdiction has issued an order resolving the dispute. You agree to defend, indemnify, and hold Delightful OS harmless from any and all claims, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to Delightful OS's resolution of any ownership dispute. By agreeing to these Terms, you waive any claims against Delightful OS arising from our management of your Platform Account and our resolution of any ownership disputes.

Intended Use. You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. Delightful OS reserves the right to monitor the use of the Platform by you and your customers. If Delightful OS determines, in its sole discretion, that a Sub-Account is engaging in suspicious activity, violating applicable law, or is otherwise in breach of these Terms, Delightful OS may request that you suspend or terminate the Sub-Account's access to the Platform. You agree to promptly comply with any such request. Failure to do so may result in the suspension or termination of your Platform Account. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will ensure that your employees with access to the Platform Account are bound by these Terms, and you will require that your customers accept terms at least as restrictive as these Terms; (vi) You own or control all rights in and to all content you provide to Delightful OS, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider; and (viii) You will not give access to the Platform or Services to a direct Competitor of Delightful OS, (ix) You will not directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to uncover or discover the source code, object code or underlying structure, ideas, know-how or algorithms; (x) You will not modify, translate, or create derivative works based on the Platform (except to the extent expressly permitted by us); and (xi) You will not remove any proprietary notices or labels

Compliance. You will be solely responsible for your use of the Platform and Services, including (a) the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform, (b) securing and maintaining proper insurance as required, and (c) compliance with all applicable laws and regulations including but not limited to HIPAA and other data privacy laws such as the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), Utah Consumer Privacy Act (UCPA), Connecticut Data Privacy Act (CTDPA), PCI DSS, Gramm-Leach-Bliley Act, all tax laws, regulations, and obligations, applicable accessibility laws and standard, including ensuring websites, applications, and communications created using the Platform meet relevant accessibility requirements for your jurisdiction and customer base, and other similar laws and regulations, whether currently in effect or enacted in the future. You are solely responsible for determining, calculating, collecting, reporting, and remitting all taxes applicable to your business operations and customer transactions. Delightful OS provides technology tools only and is not engaged in providing tax, accounting, or professional services advice. Delightful OS is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws, including but not limited to the laws and regulations listed above, tax laws, sales tax regulations, VAT/GST requirements, and other similar laws and regulations.

Privacy. By using the Platform and providing Information on or through the Platform, you consent to Delightful OS's use and disclosure of the Information in accordance with the Privacy Policy available at www.delightfulos.com/privacy and incorporated herein by reference. You agree that Delightful OS has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own terms of service and Privacy Policy, providing the level of protection at least equal to that provided to you by Delightful OS. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers' data to us for use and disclosure in accordance with these Terms and our Privacy Policy.

Data Subject Rights Management. You are solely responsible for managing and responding to all data subject rights requests from your customer and end users, including but not limited to requests for access, deletion, correction, portability, restriction of processing, and objection to processing of personal data. You must establish and maintain appropriate procedures to receive, document, respond to, and fulfill such requests within the timeframes required by applicable privacy laws. If Delightful OS receives any data subject rights requests directly from your customers or end users, Delightful OS may direct such requests to you, and you shall promptly respond to and fulfill such requests in accordance with applicable law. You shall indemnify and hold Delightful OS harmless from any claims, damages, or liabilities arising from your failure to properly respond to or fulfill data subject rights requests.

Data Breach Notification. You are solely responsible for complying with all applicable data breach notification laws and regulations. In the event you discover or are notified by Delightful OS of a security incident affecting personal data processed through the Platform, you shall: (a) promptly investigate the incident and take appropriate remedial measures; (b) determine if the incident triggers any notification obligations under applicable laws; (c) make all legally required notifications to affected individuals, regulatory authorities, and other required parties within the timeframes specified by applicable laws; (d) bear all costs associated with such notifications and remedial measures; and (e) promptly inform Delightful OS of any notifications made to regulatory authorities or affected individuals. Delightful OS reserves the right, but has no obligation, to review and approve the content of your notifications prior to their distribution. Nothing in this section shall be construed to limit Delightful OS's own obligations to notify you of security incidents for which Delightful OS is directly responsible

Data Retention and Deletion. You are solely responsible for establishing and implementing appropriate data retention periods and deletion procedures for personal data processed through the Platform, in compliance with all applicable privacy laws and regulations. You shall not retain personal data for longer than necessary to fulfill the purposes for which it was collected, or as required by applicable laws. Upon termination of your Platform Account or upon request from your customers or end users in accordance with their data subject rights, you shall ensure the timely deletion or anonymization of personal data as required by applicable laws. You acknowledge that Delightful OS may retain certain information as required by law or for legitimate business purposes as outlined in our Privacy Policy, but such retention by Delightful OS does not relieve you of your own data retention and deletion obligations.

Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify Delightful OS immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. Delightful OS reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Delightful OS's opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials. In addition to maintaining the confidentiality of your Login Credentials, you are responsible for implementing all recommended security protocols and best practices provided or made available by Delightful OS, including but not limited to, enabling two-factor authentication (2FA) for your Platform Account and all associated user accounts. Delightful OS shall not be liable for any damages, losses, or liabilities arising from or related to any security breach, data compromise, or unauthorized access to your Platform Account that results from your failure, or the failure of your users, to implement such recommended security measures. You give consent to Delightful OS to access and monitor your Platform Account and your customer's accounts for support and security purposes, and/or to perform its obligations under these Terms or to enforce these Terms.

Use of Communication Services. The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. Separate Communication Surcharges for these services may apply and will be charged to your invoice. Upon cancellation or termination of your Platform Account, all phone numbers procured through the Platform on your behalf will be released within fourteen (14) days. Notwithstanding the foregoing, if your customer ported an external phone number to the Platform for use in their Sub-Account, that number is the property of the Sub-Account owner. You hereby authorize Delightful OS to release such ported phone numbers to the applicable Sub-Account owner upon their request following the cancellation or termination of your Platform Account.

Third Party Services. You may choose to access certain Third-Party Services through the Platform. You are responsible for enabling and managing the integration of each Third-Party Service. You acknowledge that by purchasing or integrating Third Party Services through the Platform, you grant permission to Delightful OS to share your data with the Third-Party Services providers in order to facilitate the integration and use of the Third Party Services through the Platform. You also represent and warrant that You have the appropriate consents for importing any data (including data of your customers) that you request Delightful OS to import from other Third-Party Services and/or are the rightful owner of such data. Delightful OS is not responsible for, and Delightful OS hereby disclaims any liability for, any act or omission of any Third-Party Services provider or the operation of any Third-Party Services, including access to, modification of, or deletion of data, regardless of whether Delightful OS endorses, approves, promotes, or supports any such Third-Party Services. You hereby irrevocably waive any claim against Delightful OS with respect to the content or operation of any Third-Party Services. Your use of the Third-Party Services is governed by Your agreement with such Third Party, including any supplemental policies imposed by the Third Party. You are solely responsible for reviewing and complying with any terms of use, privacy policies or other terms governing your use of these Third-Party Services, which you use at your own risk. Delightful OS disclaims all liability related to outages or downtime of Third Party Services.

Delightful OS does not guarantee the interoperation, integration, or support of any Third-Party Services nor give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by those Third-Party Services. Delightful OS may, at any time, in its sole discretion, modify the Platform or Services, which may impact interoperation, integration, or support of Third-Party Services.

If you elect to pause or delete some or all of your Platform Account, certain features, functionality, or Services, including Third Party Services (such as phone numbers or email services), may not be recoverable or retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and Delightful OS is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), Delightful OS reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability to you.

Platform Provider Role. You acknowledge and agree that Delightful OS is a technology platform and communications service provider only. Delightful OS provides the software infrastructure that enables you to send communications, but Delightful OS does not initiate, create, send, or control the content, timing, or recipients of any communications. All communications sent using the Platform are created and initiated solely by you and/or your customers. You, and not Delightful OS, will be deemed the "seller," "telemarketer," "advertiser," or "sender" of all communications for all legal and regulatory purposes.

Your Telecommunications Compliance Obligations. You are exclusively responsible for all communications sent using the Platform and for compliance with all applicable federal, state, and international laws governing marketing, advertising, or communications, as amended from time to time. This includes, but is not limited to:

You represent and warrant that you have obtained all necessary consents, permissions, and authorizations from recipients before contacting them using the Platform. You further warrant that you will not use the Platform to contact any individual who has not provided the requisite level of consent under applicable law. You also represent and warrant that you have determined whether you are required to register, license, or post a bond under any applicable telemarketing, marketing, or advertising law, and that you have satisfied all such obligations prior to sending communications using the Platform. You covenant to maintain such compliance throughout the term of this Agreement. You are solely responsible for maintaining accurate and complete records of such consent and compliance. These obligations survive termination or expiration of this Agreement.

You acknowledge and agree that you are solely responsible for the content of all communications sent through the Platform, including any claims relating to false, misleading, or deceptive advertising, privacy or data protection violations, or other unlawful conduct. Delightful OS disclaims all liability for the content or legality of communications transmitted through the Platform.

You acknowledge that any compliance-related features provided within the Platform are offered solely for your convenience. Their provision does not constitute legal advice, and their use does not guarantee compliance with any law. You agree that you are solely responsible for configuring and using such features correctly.

Third Party Content. The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of Delightful OS. Delightful OS is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws.

API and Marketplace Use. Delightful OS may make available a Marketplace for third-party applications or provide access to its application programming interfaces ("APIs") to allow you to connect other services to the Platform. Delightful OS makes no warranties of any kind regarding applications or services provided by third parties on our Marketplace. Your use of any third-party application is at your own risk and is subject to the terms and conditions agreed upon between you and the third-party provider. Delightful OS is not responsible for any aspect of such third-party applications and disclaims all liability for any harm, damage, or loss arising from your use of them. When you use Delightful OS's APIs, you are solely responsible for your use of them. You represent and warrant that you have obtained all necessary rights and consents to transmit your data to any third party via the API and that such transmission is in compliance with all applicable laws. You agree not to use the APIs in any manner that is excessive or abusive, or that threatens the security, integrity, or performance of the Platform. Delightful OS may, in its sole discretion, limit or suspend your access to the APIs if we believe your use violates these Terms.

Fair Use Policy; Excessive Use Restrictions; Trials. Any subscription plans marketed as "unlimited" are subject to this Fair Use Policy. Delightful OS provides access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in Delightful OS's sole discretion, we determine that your data use is excessive, abusive, or otherwise exceeds the scope of our Fair Use Policy, or has a negative effect on the Platform in any way, we may throttle, pause, suspend or terminate your use of the Platform or Services, or require you to upgrade your plan to continue usage at your existing rate.

Trial periods are not intended to be used consecutively. If we discover that you are doing back-to-back trials to avoid paying a subscription fee, then, without prejudice to any other remedies available under law, Delightful OS reserves the right to suspend or terminate your use of the Platform or Services and further ban you from using the Platform or Services in Delightful OS's sole discretion.

Platform Updates. Delightful OS reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on Delightful OS's future delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any Third-party Service.

International Use. If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. Delightful OS makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk. If you choose to access the Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. You agree to comply with all economic sanctions and export control laws, rules and regulations.

Artificial Intelligence Acceptable Use policy. Before using Artificial Intelligence ("AI") features of the Platform, including chatbots and phone bots, you must ensure that you are in a jurisdiction that allows AI usage. If you elect to use any AI-based features of the Platform, you are responsible for ensuring that you are using our AI-based features in compliance with our Artificial Intelligence Acceptable Use Policy and Disclaimers which is attached hereto as Exhibit A.

Domain Names. The Platform allows you to purchase new domain names and transfer existing domain names from third-party registrars. These services are provided through third-party providers. By using these services, you agree to the terms governing domain purchases and transfers, including that Delightful OS will facilitate the purchase on your behalf and may be listed as the registrant. You agree that you will use the domain name in compliance with these Terms and all applicable laws. You agree to indemnify and hold Delightful OS harmless from any claim or demand, including reasonable attorneys' fees, arising from your use of any domain name purchased or transferred through the Platform.

Customer Account Transfer Requests. Delightful OS will not fulfill Sub-Account transfer requests made by your customers unless you have approved the transfer through our in-app transfer request process. Delightful OS will only fulfill transfers of Sub-Accounts without Your approval if: (i) the Sub-Account has attempted to seek your approval through the in-app transfer request process, (ii) you have failed to respond to the Customer for at least 30 days, and (iv) either (a) your Platform Account has been canceled by you or force-canceled for non-payment and not reactivated within 30 days, or (b) your Platform Account has been suspended or terminated due to your breach of these Terms.

Ecommerce Products and Services. You are solely responsible for the Materials that you may sell through the Platform and/or Services (including description, price, fees, all tax determinations, calculations, collection, reporting, and remittance, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations. You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfillment timelines on Your store using the Platform. Delightful OS does not provide refunds to your customers. Delightful OS does not pre-screen Materials, and it is in our sole discretion to refuse or remove any Materials from any part of the Platform. You acknowledge and agree that the Platform and/or Services are not a marketplace, and any contract of sale made through the Platform and/or Services is directly between You and the customer. You are the seller of record for all items you sell through the Platform and/or Services. Delightful OS is not responsible for any tax-related obligations, calculations, or compliance requirements related to your ecommerce activities.

2. White Labeling and Resale MAP Policy

Resale Restrictions. When reselling access to the Platform, you agree that you are fully liable to your customers for their access to and use of the Platform, and you are solely responsible for the resolution of all customer disputes and inquiries. If Delightful OS determines, in its sole discretion, that you are consistently and repeatedly failing to provide your customers with adequate resolutions to their disputes and inquiries, or if we receive complaints that you are not responding to legitimate customer disputes or inquiries, we reserve the right to exercise our ability to terminate your Platform Account.

White Label License and Restrictions. Subject to your continued compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable and revocable license to use the Platform including the design and trade-dress, as may be reasonably required for re-branding and reselling access to the Platform under your own white-label brand. Any license granted to You under this Section will automatically terminate upon a breach of this license or the Terms or a violation of the restrictions set forth below. Under this license, portions of the Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with you and your customers' customized look and feel of the Platform. Delightful OS may remove any of your modifications at any time without advance notice and without liability to you.

Restrictions. You are prohibited from participating in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of the Platform or Services or other practices which may be detrimental to the Platform or Services, Delightful OS or the public interest. You will not, nor make any attempt to, acquire any rights in the Platform or any of its components. You are prohibited from representing yourself as a Delightful OS employee or otherwise implying an association with Delightful OS when reselling access to the Platform. You may not direct your customers to contact Delightful OS for any reason, including but not limited to Platform support.

Code of Conduct. You represent and warrant that, when using the Platform, you will comply with the Code of Conduct set forth in Exhibit B. Delightful OS reserves the right to seek all remedies available to it in the event that You violate this Agreement, including the Code of Conduct, up to and including termination of your Platform Account.

3. Payment and Taxes

Fees and Auto-Renewal. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change. Your use of the Platform is subject to the timely payment of your and your customers' Fees. Fees may include, but are not limited to: subscription fees, Communication Surcharges, add-on service fees, or other usage-based or subscription-based Fees offered by Delightful OS as incurred by you and your customers. Fee rates and amounts may change from time to time. Fees for subscription services will be billed in advance of Services on a monthly or annual basis, depending on your subscription plan until cancelled. By agreeing to these terms, you acknowledge that your subscription will automatically renew and your payment method will be charged the then-current rates without further authorization from You.

Wallets and Rebilling. Your Platform Account contains a "wallet" where you can pre-load funds to purchase Services through the Platform or to support rebilling of your customers' Fees. This wallet system is used for all usage-based Fees, including but not limited to Communication Surcharges, which are deducted from your wallet balance in real-time as they are incurred. When your wallet balance falls below the designated threshold, we will automatically charge the payment method on file to replenish your wallet. Products purchased with wallet funds are generally subject to taxes in many jurisdictions. Delightful OS calculates taxes on wallet spending after the end of each calendar month and will collect taxes from customer wallet balances at that time. In the event you have a negative wallet balance, we will automatically charge the credit card we have on file to cover the negative balance and add funds to avoid any overdrafts. You provide your consent for Delightful OS to charge your credit card to avoid any overdrafts. By using the wallet feature, You authorize Delightful OS to make these automatic deductions and charges to maintain a positive wallet balance.

Late Payments and Payment Disputes. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, we will re-attempt to charge the card on file for a period of 7 business days. If, after re-attempting to charge your card, we are still unable to process the transaction, your Platform Account may be force-cancelled for non-payment in Delightful OS's sole discretion. In the event that you dispute any charges, You must notify us in writing within thirty (30) days of the invoice date. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. All Delightful OS determinations regarding your obligation to pay invoiced Fees and charges are final.

Cancellations. You may cancel your subscription through your Platform Account or by contacting our support team. You are solely responsible for the cancellation of Services associated with your account, and, subject to other provisions of these Terms, you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.

Refunds.

Nonrefundable Fees. All Fees assessed by Delightful OS are non-refundable, including subscription Fees, Communication Surcharges, and Delightful OS's resale of Third Party Services, regardless of whether you actually accessed or used the Platform Account or Services during your subscription period. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. Delightful OS does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. Except as may be required by law, Delightful OS reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and Delightful OS's determination of if and when to issue or deny a refund or credit is final.

Wallet Credit Refunds. When Your Services are canceled, terminated or expired, it is Your sole obligation to request Delightful OS to refund any amounts remaining in your account's "wallet". Any amounts remaining in the "wallet" for over thirty (30) days after expiration, termination or cancellation of your Platform Account, will automatically become the property of Delightful OS. Any unused free promotional credits added to your wallet by Delightful OS have no cash value, are nonrefundable, and automatically expire after 90 days if not used.

Taxes and Government Assessments. All Fees are exclusive of any sales, VAT, GST and use taxes, levies, fees, duties, interest, penalties and other governmental assessments ("Taxes") unless mentioned otherwise in these Terms. Business entities with a valid VAT or GST identification number should provide Delightful OS with their VAT or GST identification number. Where applicable by law, Delightful OS will shift the liability to pay VAT/GST on the Fees to you due to the application of a VAT/GST reverse charge mechanism. You are exclusively responsible for Taxes associated with your use of the Platform, including all Taxes associated with transactions you conduct with your customers. Delightful OS reserves the right to calculate and add applicable Taxes to your invoice or wallet as legally required, and all Delightful OS determinations regarding what Taxes to collect are final. Taxes are nonrefundable.

4. Intellectual Property

Platform Content. The Platform and Platform Content are the property of Delightful OS or its licensors and are protected by copyright, trademark and other intellectual property laws. Platform Content does not include User Contribution(s), as defined below. Delightful OS grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform for the purpose of making the Platform available to You and Your customers. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Platform Content without prior permission of Delightful OS is strictly prohibited.

Delightful OS Marks and Advertisements. Delightful OS's name, logo, or Marks are trademarks and service marks of Delightful OS and may not be used without advance written permission of Delightful OS, including but not limited to as part of any company name or domain name or in connection with any product or service that is not provided by Delightful OS, or in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Delightful OS. Unless you are authorized to white label and resell access to the Platform, You may not remove any Delightful OS Marks, name or logo or other proprietary notices.

User Contributions. User Contributions are considered non-confidential and non-proprietary. You grant Delightful OS, our service providers and each of their licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for the sole purpose of fulfilling Delightful OS's obligations under these Terms. Delightful OS is not responsible or liable to any third party for the content or accuracy of any User Contributions. You represent and warrant that: (i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above; (ii) All of your User Contributions comply with these Terms; and (iii) You understand and acknowledge that you are responsible for the legality, reliability, accuracy and appropriateness of your User Contribution.

Feedback. If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and Delightful OS and its affiliates have no obligation to use the Feedback. You grant Delightful OS and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to Delightful OS without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party.

Usage Data. Delightful OS may access, collect, analyze, and use the data, information, or insights generated or derived from the provision, use and performance of the Platform, the Service and related software, programs, and technologies ("Usage Data") in accordance with our Privacy Policy. Delightful OS owns all such Usage Data. If Delightful OS desires to disclose any Usage Data, then Delightful OS will anonymize all Usage Data in such disclosure and disclose such Usage Data in aggregate form only in a manner that does not identify You or your customers.

5. Disclaimers

Delightful OS makes no guarantees that your business will be profitable and that you will make money using the Platform or the Services. Except as otherwise set forth in these Terms, Delightful OS is not providing any business opportunities with use of the Platform and/or Service.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. YOU AGREE THAT DELIGHTFUL OS HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR CONTENT MAINTAINED OR TRANSMITTED ON OR THROUGH THE PLATFORM.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (D) CERTAIN FEATURES WILL BE ADDED TO THE PLATFORM, OR (E) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT.

BETA PRODUCTS OR EARLY RELEASE PRODUCTS. FROM TIME TO TIME, YOU MAY HAVE THE OPTION TO PARTICIPATE IN A PROGRAM WITH DELIGHTFUL OS WHERE YOU GET TO USE EARLY RELEASE OR BETA PRODUCTS, FEATURES OR DOCUMENTATION (COLLECTIVELY, "BETA PRODUCTS") OFFERED BY DELIGHTFUL OS. THE BETA PRODUCTS ARE NOT GENERALLY AVAILABLE AND ARE PROVIDED "AS IS" AND AS AVAILABLE EXCLUSIVE OF ANY WARRANTY WHATSOEVER.

6. Limitation of Liability, Indemnification, and Mitigation

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability.

IN NO EVENT SHALL DELIGHTFUL OS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIRD PARTY SERVICES.

You agree to defend, indemnify, and hold Delightful OS harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys' fees) directly or indirectly arising from or in any way connected with your use of the Platform ("Claims"), including, but not limited to: (a) our use of or reliance on information or data supplied by you; (b) any breach of these Terms by you; (c) any violation of applicable law by you; (d) your actions; (e) any disputes between you and your customers; (f) any claims arising from HIPAA violations; and/or (g) any violations of data protection or privacy laws.

7. Limitation On Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

8. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to Delightful OS for which monetary damages would not be an adequate remedy, and Delightful OS shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

9. Waiver And Severability

No waiver by Delightful OS of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition. If any provision of these Terms is held by a court to be invalid, illegal or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.

10. Change of Control

Delightful OS may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without Delightful OS's prior written consent which may be withheld at Delightful OS's sole discretion.

11. Entire Agreement

These Terms constitute the sole and entire agreement between you and Delightful OS with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. Delightful OS may enter into a separate agreement with you. The terms of any separate agreement between you and Delightful OS will be considered a part of your entire agreement with Delightful OS.

12. Term and Termination

These Terms will remain in full force and effect so long as you maintain a Platform Account. The sections of these Terms that are intended to survive termination of your Platform Account will remain binding even after you are no longer a Platform user.

Grounds for Termination. You agree that Delightful OS, in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Delightful OS reserves the right to delete Platform Accounts that have remained inactive for ninety (90) days or more.

No Right to Services Upon Termination. Upon termination, your right to use the Platform will immediately cease. Following the termination or cancellation of your Platform Account, Delightful OS will retain any data associated with your account for a period of ninety (90) days. After this period, Delightful OS reserves the right to permanently delete all of your data from our systems. This process is irreversible, and Delightful OS will not be liable for any loss of data.

13. Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

The laws of the State of Michigan will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws.

Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Ypsilanti, Michigan. Any arbitration award may be entered in a court of competent jurisdiction.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

14. Communications and Contact Information

All notices to a party shall be in writing and shall be made via email. Notices to Delightful OS must be sent to dev@delightfulos.com. You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective on receipt.

For all other feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us at dev@delightfulos.com or by mail at:

Delightful OS, LLC

ATTN: Legal Department

215 W Michigan Ave, Suite 35

Ypsilanti, MI 48197

15. Definitions

"Communication Surcharges" means any applicable communications service or telecommunication provider fees or surcharges related to your use of the Platform.

"Competitor" shall include any entity carrying on a business of marketing and sales platform, SaaS, or any entity offering services similar to those offered by the Platform, as determined by Delightful OS in its sole discretion.

"Feedback" means ideas You provide to Delightful OS regarding improvements, enhancements, new features, or other concepts related to the Platform.

"Fees" means any fees associated with the Platform, including subscription fees and add-on Services.

"Information" means data about You and Your customers that Delightful OS collects on the Platform.

"Login Credentials" means the username and password used to access your Platform Account.

"Materials" means Your trademarks, content, products or services you sell through the Platform.

"Platform" means any Services, content, functionality, and software offered to customers on or through Delightful OS's website or mobile application.

"Platform Account" means the account you created in order to access and use the Platform.

"Platform Content" means content, data, features, and functionality viewable on the Platform.

"Prohibited Uses" means the behaviors described in the Code of Conduct.

"Services" means the product integrations and services that Delightful OS makes available on the Platform.

"Sub-Account" means a subscription for one business under a Platform Account.

"Third Party Content" means content provided by third parties accessible on the Platform.

"Third Party Services" means third-party applications or services offered through the Platform.

"User Contributions" means content that you post or transmit on or through the Platform.

"You" means the individual or business entity that accepted the Terms.

EXHIBIT A

CODE OF CONDUCT

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of these Terms for which Delightful OS may immediately suspend or terminate your Platform Account:

EXHIBIT B

ARTIFICIAL INTELLIGENCE ACCEPTABLE USE POLICY & DISCLAIMERS

Your use of any Artificial Intelligence ("AI") features of the Platform, including chatbots and phone bots, is subject to the following terms in addition to the main Terms of Service.

Disclaimers and Acknowledgement of Risk

AI Output May Be Inaccurate. You acknowledge that artificial intelligence and machine learning are rapidly evolving fields. The AI features may produce content that is inaccurate, incomplete, offensive, or that does not reflect the most current information. Delightful OS makes no warranty or guarantee as to the accuracy, reliability, timeliness, or appropriateness of any content generated by the AI features.

No Professional Advice. Content generated by the AI features does not constitute legal, financial, medical, or other professional advice. You should consult with a qualified professional for such advice.

AS-IS Basis. THE AI FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DELIGHTFUL OS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Your Responsibilities

Review of AI Output. You are solely responsible for reviewing, editing, and validating all AI-generated content before its use, publication, or distribution. You assume all risks associated with the use of content generated by the AI features.

Sensitive Information. You agree not to provide any sensitive personal information, Protected Health Information (PHI), or other confidential information as input into the AI features.

Disclosure to Customers. You must disclose to your customers when they are interacting with an AI-based voice or chatbot.

Acceptable Use

You agree not to use the AI features of the Platform in any manner contrary to relevant laws, regulations, and industry standards, including but not limited to: