Terms of Service

01 Acceptance of terms

By accessing or using Delvasta ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and Thorsten Meyer, the operator of Delvasta, Blomberhstr. 11 C, 82393 Iffeldorf, Deutschland. The Service is governed by German law and applicable EU regulations.

If you are using Delvasta on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

02 Description of service

Delvasta is an AI-powered platform that enables users to create, publish, and analyze interactive forms, quizzes, surveys, and lead funnels. The Service includes AI-assisted content generation, conditional logic, response analytics, integrations, and related features.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice. We will not be liable to you for any modification, suspension, or discontinuation of the Service.

03 Accounts and access

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the security of your account credentials
• You must notify us immediately at [email protected] if you suspect unauthorized access
• You may not share your account with others or create accounts on behalf of others without authorization
• One person or legal entity may not maintain more than one free account

You must be at least 16 years of age to use the Service. By creating an account, you confirm that you meet this requirement.

04 Acceptable use

You agree to use Delvasta only for lawful purposes and in compliance with applicable law. You must not use the Service to:

• Collect personal data without a lawful basis under GDPR or applicable data protection law
• Deceive, mislead, or defraud respondents about the nature or purpose of your form
• Send spam, conduct phishing, or distribute malware
• Collect sensitive personal data (health, biometric, financial) without explicit consent and appropriate safeguards
• Violate any intellectual property rights of third parties
• Generate, distribute, or facilitate illegal, harmful, or discriminatory content
• Circumvent or attempt to circumvent technical limitations of the platform
• Resell or sublicense the Service without our written permission

We reserve the right to suspend or terminate accounts that violate these rules, with or without prior notice, depending on the severity of the violation.

05 Your content and data

You retain full ownership of all content you create using Delvasta, including your forms, quiz content, survey questions, and any associated materials ("Your Content").

By using the Service, you grant Delvasta a limited, non-exclusive, royalty-free license to host, process, and display Your Content solely for the purpose of providing the Service to you.

You are solely responsible for ensuring that Your Content complies with applicable laws, including GDPR, consumer protection laws, and advertising standards in your jurisdiction.

06 Respondent data and your obligations

When you collect personal data from respondents through your Delvasta forms, you are the data controller under GDPR. Delvasta acts as your data processor.

As data controller, you are responsible for:

• Having a lawful basis for collecting each type of personal data
• Providing respondents with a clear and accessible privacy notice
• Honoring respondent rights (access, deletion, correction) upon request
• Ensuring your use of collected data complies with GDPR and applicable national law
• Not collecting sensitive data categories without explicit consent

A Data Processing Agreement (DPA) is available upon request for users who require one under GDPR Art. 28. Contact us at [email protected].

07 Subscription and payment

Billing

• Paid plans are billed in advance on a monthly or annual cycle
• Prices are shown exclusive of VAT; applicable VAT will be added at checkout
• Payment is processed by our payment provider; your card details are never stored by Delvasta

Cancellation and refunds

• You may cancel your subscription at any time from your account settings
• Cancellation takes effect at the end of the current billing period — you retain access until then
• We offer a pro-rated refund within 14 days of initial purchase if the Service does not meet your expectations — contact us at [email protected]
• No refunds are issued for periods already elapsed beyond the 14-day window

Plan changes

Upgrades take effect immediately and are billed pro-rata. Downgrades take effect at the next billing cycle.

08 Intellectual property

The Delvasta platform, including its software, design, AI models, and all associated intellectual property, is owned by Thorsten Meyer and protected by copyright, trademark, and other applicable laws.

You may not copy, reverse engineer, decompile, or create derivative works of the platform without our prior written consent. You may not use the Delvasta name, logo, or brand marks without written permission.

Your Content remains entirely your own. See Section 05 for our limited processing license.

09 Disclaimers and limitation of liability

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the maximum extent permitted by applicable law, Delvasta shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the Service.

Our total liability to you for any claim arising under these Terms shall not exceed the amount you paid us in the 12 months preceding the claim.

Nothing in these Terms limits liability for fraud, gross negligence, or death or personal injury caused by our negligence, to the extent such limitation is prohibited by German law.

10 Termination

You may close your account at any time from account settings. We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or if we are required to do so by law.

Upon termination, your access to the Service ends. We will retain your data for 30 days after termination to allow for data export, after which it will be deleted. Billing records are retained as required by law (see Privacy Policy, Section 06).

Provisions of these Terms that by their nature should survive termination — including intellectual property, disclaimers, and limitation of liability — will survive.

11 Governing law and disputes

These Terms are governed by the laws of the Federal Republic of Germany, without regard to conflict of law principles. The place of jurisdiction is Germany.

For EU consumers, you retain the right to bring claims before the courts of your country of residence, and to use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr/.

We encourage you to contact us first at [email protected] to resolve any disputes informally before pursuing formal proceedings.

12 Changes to these terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or by displaying a prominent notice in the platform at least 14 days before the changes take effect.

Your continued use of the Service after the effective date of updated Terms constitutes acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Service and close your account before the effective date.

The date at the top of this page indicates when these Terms were last updated.