Terms of Use

1. Acceptance of terms

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

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

If you use Delvasta for an organization, you represent that you have authority to bind that organization to these Terms.

2. 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 generation, conditional logic, response analytics, integrations, and related features.

We may modify, suspend, or discontinue aspects of the Service with reasonable notice. We are not liable for a modification, suspension, or discontinuation except where applicable law requires otherwise.

3. Accounts and access

• You must provide accurate and complete account information
• You are responsible for keeping account credentials secure
• You must notify us immediately at contact@delvasta.com if you suspect unauthorized access
• You may not share an account or create accounts for others without authorization
• One person or legal entity may not maintain more than one free account

You must be at least 16 years old to use the Service.

4. Acceptable use

You agree to use Delvasta only for lawful purposes. You must not use the Service to:

• Collect personal data without a lawful basis under GDPR or other applicable law
• Deceive, mislead, or defraud respondents about a form's purpose
• Send spam, conduct phishing, or distribute malware
• Collect sensitive personal data without explicit consent and appropriate safeguards
• Violate third-party intellectual property rights
• Generate, distribute, or facilitate illegal, harmful, or discriminatory content
• Circumvent technical limitations of the platform
• Resell or sublicense the Service without written permission

We may suspend or terminate accounts that violate these rules, with or without prior notice depending on severity.

5. Your content and data

You retain ownership of content you create using Delvasta, including forms, quizzes, survey questions, and associated materials ("Your Content"). You grant Delvasta a limited, non-exclusive, royalty-free license to host, process, and display Your Content solely to provide the Service.

You are responsible for ensuring Your Content complies with law, including GDPR, consumer protection law, and advertising standards.

6. Respondent data and your obligations

When you collect personal data through Delvasta forms, you are the data controller and Delvasta acts as your data processor.

As controller, you are responsible for having a lawful basis for collection, providing an accessible privacy notice, honoring respondent rights, complying with applicable law, and not collecting sensitive data without explicit consent. A Data Processing Agreement is available on request at contact@delvasta.com.

7. Subscription and payment

Billing

• Paid plans are billed in advance monthly or annually
• Listed amounts exclude VAT, and applicable VAT is added at checkout
• Payment is processed by our payment provider, and card details are not stored by Delvasta

Cancellation and refunds

• You may cancel at any time through account settings
• Cancellation takes effect at the end of the current billing period
• A pro-rated refund is available within 14 days of initial purchase if the Service does not meet expectations
• No refund is issued for elapsed periods beyond that 14-day window

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

8. Intellectual property

The Delvasta platform, including its software, design, AI models, and associated intellectual property, is owned by Thorsten Meyer and protected by applicable law. You may not copy, reverse engineer, decompile, or create derivative works without prior written consent. Your Content remains yours as described in section 5.

9. Disclaimers and limitation of liability

The Service is provided "as is" and "as available" without express or implied warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the maximum extent permitted by law, Delvasta is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill. Our total liability for a claim under these Terms will not exceed the amount you paid in the 12 months before the claim. Nothing limits liability for fraud, gross negligence, death, or personal injury where German law prohibits that limitation.

10. Termination

You may close your account through account settings. We may suspend or terminate access if you violate these Terms, engage in fraudulent activity, or if required by law.

After termination, access ends. We retain account data for 30 days to allow export and then delete it, except for records retained by law. Provisions that by nature should survive termination, including intellectual property and liability provisions, 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. EU consumers retain any mandatory right to bring claims before courts in their country of residence.

We encourage you to contact contact@delvasta.com first to seek an informal resolution.

12. Changes to these terms

We may update these Terms. For material changes, we will notify you by email or display a prominent notice at least 14 days before they take effect. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Service and close your account before that date.