Terms of Service

Latest updated date: 3/27/2017.
Effective Date: 11/15/2016.

This Delighterr Subscription Terms of Service (“Agreement”) constitutes a legally binding agreement between you (“you” or “Subscriber”) and Delighterr, Inc., (“we” or “Delighterr”) governing your purchase and use of the Delighter 365 Add On (the “Platform”) or access and initiate transactions on www.delighterr.com and the software and services made available through the Platform (collectively the “Services”).

By clicking the “I Agree to the Delighterr Subscription Terms of Service and Privacy Policy” box or (i) accessing or using any part of the Platform or (ii) initiating any transaction on the Platform, you agree to be bound by this Agreement.

This Agreement includes provisions for binding arbitration on an individual basis –which includes a waiver of a right to a jury trial or a right to file a class action.

Internet technology, and the applicable laws, rules and regulations change frequently. We reserve the right to make changes to this Agreement at any time. Continued access and/or use of the Platform in any manner constitutes assent to any new Agreement that may be posted on the Platform.


  1. Definitions

    The following terms shall be capitalized throughout this Agreement and shall be defined as follows:

    Delighterr will provide Services to Subscriber in accordance with the terms and conditions of the Subscription Tier selected by Subscriber on the Platform. Delighterr may from time to time issue updated versions of the software and Services. You consent to such automatic updates and agree that this Agreement will apply to all such updates.

    a. Content. The term “Content” shall mean any and all text, data, code, software, graphics, information, images, audio, visual or audiovisual combinations or other materials submitted, uploaded, imported, communicated or exchanged to facilitate the provision of Services under this Agreement.

    b. Delighterr Data. Customized professional and social data pertaining Subscriber’s contacts which are generated from publicly available sources that is cultivated by Delighterr and made available to Subscriber as part of the Subscription Service.

    c. Subscriber Content. The term “Subscriber Content” refers to any Content submitted, uploaded, imported, integrated, communicated or exchanged to the Platform by Subscriber, including any user-generated Content.

    d. Subscription Tier. The term “Subscription Tier” refers to the subscription tier selected and purchased by Subscriber on the Platform.

    e. Subscription Fees. The Term “Subscription Fees” refers to the fees associated with the Services under the selected Subscription Tier.

    f. Subscriber Trademarks. The term “Subscriber Trademarks” shall mean any trademarks, service marks, design marks, symbols, logos and/or other indicia of source owned or used under license by Subscriber, and all goodwill associated therewith.

    g. Properties. The term “Properties” refers collectively to Subscriber Content and Subscriber Trademarks.

  2. Services

    Delighterr will provide Services to Subscriber in accordance with the terms and conditions of the Subscription Tier selected by Subscriber on the Platform. Delighterr may from time to time issue updated versions of the software and Services. You consent to such automatic updates and agree that this Agreement will apply to all such updates.

  3. Your Delighterr Account

    To be eligible to use the Services, you must be at least 18 years of age or have the power to enter into a binding contract in your country of residence, establish an online account and accept this Agreement. Users are entirely responsible for maintaining the confidentiality and security of their login information. You agree to accept responsibility for any and all activities that occur under your account. You must notify us immediately if you believe your password or username has been obtained, compromised, or used by any unauthorized person or entity. You may be held liable for losses incurred by us or any third party due to a breach of your account confidentiality and/or security. Delighterr will not be liable for any loss or damage arising from your failure to keep your login and account secure.

  4. End User License Agreement (“EULA”)

    Delighterr hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable license during the Subscription Term to access and utilize the Services pursuant to the terms of the Subscription Tier purchased by Subscriber.

  5. Content License

    Subscriber shall retain all right, title and license in the Subscriber Content. Subscriber hereby grants to Delighterr a non-exclusive, royalty-free, fully paid-up, worldwide right and license to collect, process, store, host, copy, transmit, display, modify, and create derivative works of the Content in all media now known or hereinafter created, for purposes of providing the Services.

  6. Delighterr Data License

    Delighterr shall retain all right, title and license in the Delighterr Data. Delighterr grants to Subscriber a limited, non-transferable, revocable license to use the Delighterr Data provided to Subscriber in connection with the Services until termination or expiration of the Services. Nothing in this Section shall prevent Subscriber from utilizing information equivalent to the Delighterr Data that Customer independently obtains from other third party sources.

  7. Feedback License

    We consider any suggestions, ideas, proposals or other material submitted by users, whether solicited or unsolicited, (collectively, the "Feedback") to be non-confidential and non-proprietary. We shall not be liable for the disclosure, use or exploitation of such Feedback. You hereby grant to Delighterr a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Feedback for any purpose whatsoever, commercial or otherwise, without compensation or accounting.

  8. Trial and/or Beta Services

    From time to time, Delighterr may offer certain Beta and/or trial-based Services. Any beta or other trial-based Services offered on the Platform at no charge to its users may be terminated by either party at any time. Delighterr further reserves, in its sole and absolute discretion, to disable, suspend, modify or impose fees on any Services, at any time. Delighterr will notify its users of any changes in fees for Services and users will be free to terminate their account prior to the imposition of any newly imposed fees. Notwithstanding the foregoing, users shall have the ability to access their accounts and Subscriber Content following termination of their account or the Services in accordance with Section 20 of this Agreement.

  9. Promotional License

    You grant to Delighterr the unrestricted right and license to use Subscriber’s Trademarks to market and promote the Services. This includes the worldwide right to copy, translate, broadcast, transmit, distribute, exhibit, perform, publish and display Subscriber’s Trademarks as incorporated into Delighterr’s marketing and promotional materials. Delighterr is granted no other rights to Subscriber’s Trademarks and acknowledges that it shall not gain any proprietary interest in the Subscriber’s Trademarks. Delighterr is under no obligation to make use of or to provide compensation for any of the rights or permissions granted. Delighterr shall be the exclusive owner of all right, title, and interest, including copyright, in Delighterr marketing and promotional materials. Your permission to use Subscriber’s Trademarks may be terminated at any time with thirty (30) days written notice to support@delighterr.com

  10. Subscription Fees and Term

    Fee-based subscription Services are quoted in U.S. dollars on the Platform, pursuant to the following terms:.

    a. Payment. You expressly authorize us to charge the applicable Subscription Fees pursuant to the authorized payment method selected by you on the Platform.

    b. Late Payments. . In the event Delighterr is unable to process payment of the applicable fees, Delighterr reserves the right to suspend or terminate services for payments that are more than thirty (30) days past due. Past due payments will accrue interest at the greater of 1.5% monthly or the highest interest rate allowable under applicable law.

    c. Subscription Term. The term of the subscription will commence on the date the subscription is selected and shall continue for the periodic subscription term chosen by you on the Platform (“Subscription Term”), and any renewal thereof, until terminated pursuant this Agreement.

    d. No Refunds. Subscriber shall be responsible for all fees for the entire Subscription Term. Fees will not be prorated upon cancellation and/or termination and all fees paid through the date of termination are nonrefundable.

  11. Automatic Renewal

    Delighterr shall automatically renew Subscriber’s subscription and charge Subscriber’s account on the last day of the applicable Subscription Term (the “Renewal Date”), unless Subscriber cancels its subscription before the Renewal Date. Subscriber will receive prior notice by email with regard to any changes in the Subscription Fees for the next Subscription Term and shall have the opportunity to cancel before the imposition of such newly-imposed fees. To cancel the subscription renewal, Subscriber must email Delighterr at info@delighterr.com prior to the applicable Renewal Date.

  12. Use Restrictions

    Subscriber will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services. You will not make the Services available for the benefit of any third party, or sell, resell, license, sublicense, distribute, rent or lease the Services to any third party for any purpose, commercial or otherwise.

  13. Back Up Data Responsibility

    Delighterr will use good faith efforts to backup data periodically. Backups are intended for internal use to attempt to quickly restore the Platform; however we cannot guarantee that a backup will be available for restore upon your request. It is your responsibility to backup all Subscriber Content in order to prevent potential data loss.

  14. Privacy

    We respect your privacy and will only use personal information in accordance with our Privacy Policy. You shall be responsible for ensuring compliance with any and all privacy rules or regulations and/or data collection laws or regulations applicable to the Subscriber Content. Delighterr does not retain any Office 365 email meta data for contacts that are not added into the Delighterr Platform. Delighterr only calendars meta data for contacts that are added within the Platform. Delighterr will retain email and calendar metadata until termination of Subscriber’s Beta, trial or subscription-based Services.

  15. Confidentiality & Non-Disclosure

    Delighterr shall not disclose any Confidential Information to any third party for any reason without your prior written consent, other than its employees or agents who have a need to know about such information in order to provide the Services. In the event Delighterr is requested or required by legal process to disclose any of the Confidential Information, Delighterr shall give you prompt notice so that you may seek a protective order or other appropriate relief prior to any such disclosure.

  16. Compliance with Applicable Laws

    Subscriber shall comply with any and all applicable U.S. state and federal and international laws, rules and regulations implicated by your use of the Services. Subscriber shall be responsible for complying with the CAN-SPAM Act, 15 U.S.C. §§ 7701–7713 and related state SPAM laws. Delighterr shall have no responsibility for ensuring that any email communications generated by Subscriber through the Platform comply with any of Subscriber’s obligations under applicable laws.

  17. Export Control

    Services may be subject to export laws and regulations of the United States and other jurisdictions. Subscriber represents that it is not named on any U.S. government denied-party list. Subscriber shall not permit access or use any Services in a U.S. embargoed country or territory (currently Cuba, Iran, North Korea, Sudan, Syria or Crimea) or in violation of any U.S. export law or regulation.

  18. Objectionable Content

    We are not responsible for, and do not endorse, any Content posted on the Platform. We do not have any obligation to prescreen, monitor, edit or remove any Content. We shall not be liable for any damage or harm resulting from any Content or your interactions with other users on the Platform. We reserve the right, but have no obligation, to take any action to restrict or remove access to any Content that we deem, in our sole and absolute discretion, to be a violation of this Agreement.

  19. Prohibited Conduct

    In your use of the Platform and Services, you may not:

    • Violate any law, statute, ordinance or regulation;
    • Infringe upon any patent, copyright, trademark, trade secret, right of publicity or other third party rights;
    • Attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity;
    • Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Platform or its users;
    • Modify, adapt or hack the Platform or modify another Platform or mobile application so as to falsely imply that it is associated with the Platform;
    • Distribute or post spam, unsolicited or bulk electronic communications to Platform users;
    • Use any robot, spider, scraper or other automated means to access the Platform for prohibited or illegal purposes;
    • Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Platform ’s infrastructure;
    • Interfere or attempt to interfere with the proper working of the Platform, its services or tools; or
    • Bypass the Platform ’s robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
  20. Representations and Warranties

    You represent and warrant that:

    a. Proprietary Rights. You have all right, title, license to the Properties, including the right to publish and distribute by electronic and digital means; and

    b. Non-Infringing. The Properties do not (i) violate, infringe or misappropriate on the rights associated with any third parties, including, but not limited to, privacy rights, copyright, trademark, trade secrets, patents or other intellectual property rights of any third party, or (ii) violate any statute, law, ordinance or regulation.

  21. Termination

    a. Automatic Termination. This Agreement shall automatically terminate upon the bankruptcy or insolvency of either party.

    b. Breach. Either party may terminate this Agreement if the other party breaches any material provisions of this Agreement and fails to cure such breach within fifteen (15) days after receipt of written notice of such breach.

    b. Effect of Termination. Subscriber’s license to use the Services and Delighterr Data shall immediately terminate. During the seven (7) day period following termination or expiration of the Subscription Term, Delighterr will, upon Subscriber Request, grant Subscriber access to the Services for the sole purpose of permitting Subscriber to retrieve Subscriber Content, exclusive of any Delighterr Data. After expiration of the seven (7) period, Delighterr shall, without liability or obligation of further notice to Subscriber, delete Subscriber’s account and Subscriber Content.

    b. Survival. The following Sections survive termination of this Agreement: Arbitration, Feedback License, Content License, Promotional License, Confidentiality & Non-Disclosure, Disclaimer of Warranties, Indemnity, Limitation of Liability, Release and Governing Law.

  22. Customer Questions

    Customer questions may be directed by email to info@delighterr.com to address any issues you may have regarding your use of the Platform. Most concerns can be quickly resolved in this matter.

  23. Binding Arbitration

    EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with Delighterr arising out of or relating to the Platform, Services and/or this Agreement (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Federal Arbitration Act shall govern the interpretation and enforcement of this Agreement.

    ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.

    The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to: info@delighterr.com

    Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.

  24. The Platform ’s Intellectual Property

    You represent and warrant that:

    a. Copyrights. The Platform ’s logos, design, text, graphics, and other files, and the selection arrangement and organization thereof, are owned by Delighterr. 2015-2017 Delighterr, Inc. ALL RIGHTS RESERVED.

    b. Trademarks. The Platform and its logos, page headers, custom graphics, button icons and scripts are trademarks or trade dress of Delighterr.

    c. Ownership and Use. Unless otherwise stated herein, nothing in this Agreement or your use of the Platform and Services gives you a right or license to use any of our copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.

  25. DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW,

    THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, INCLUDING ANY “BETA” RELEASES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DELIGHTERR DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED, TIMELY OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. EXCEPT WHERE PROHIBITED BY LAW, DELIGHTERR DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE PLATFORM, INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES.

  26. LIMITATION OF LIABILITY

    YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DELIGHTERR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CONTENT, PLATFORM OR SERVICES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, SECURITY BREACH, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE PLATFORM OR ITS SERVICES, EVEN IF DELIGHTERR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DELIGHTERR’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR OF THE INABILITY TO USE, THE PLATFORM OR SERVICES, EXCEED THE FEES PAID TO DELIGHTERR IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM, WHICHEVER IS GREATER.

  27. INDEMNITY

    To the maximum extent permitted by law, Subscriber agrees to indemnify, defend and hold harmless Delighterr, and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, reasonable attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties arising out of or relating to Subscriber’s (i) use of the Platform, Content and Services (ii) breach of this Agreement, (iii) violation of any third party right, including without limitation any intellectual property right, publicity, property or privacy right, and/or (iv) a breach of Subscriber’s representations and warranties under this Agreement.

  28. RELEASE

    With regard to any dispute between Subscriber and any other third party relating to your use of the Services, you hereby release Delighterr, and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns, from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

  29. Force Majeure

    Delighterr will not be liable or responsible for any delays in providing the Services, or for failing to provide the Services, as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight, embargoes, terrorism, natural disaster, war or acts of God.

  30. No Agency

    No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

  31. Severability

    The validity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.

  32. Modifications

    Our employees, volunteers or agents are not authorized to vary this Agreement. No modification of this Agreement shall be effective unless it is in writing and either signed by an authorized representative of Delighterr or posted on the Platform.

  33. Choice of Law

    This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles. The parties consent to the jurisdiction of the State of California, and venue in the County of Alameda, with regard to any controversy or claim arising out of or relating to this Agreement, or the breach thereof

  34. Assignment

    You shall not assign any of the rights or obligations under this Agreement without the prior written consent Delighterr, which consent shall not unreasonably be withheld. Delighterr may at any time assign, transfer or subcontract any or all of its rights or obligations under this Agreement without your consent.

  35. Successors and Assigns

    This Agreement is binding on and inures to the benefit of the parties and their respective successors and permitted assigns.

  36. No Waiver

    No failure or delay by a party exercising any right, power or privilege under this Agreement will operate as a waiver thereof.

  37. Interpretation

    Headings are for reference purposes only and do not limit the scope or extent of such section.

  38. Notices

    All notices required or permitted to be given under this Agreement will be in writing and delivered by email at info@delighterr.com All notices will be sent to you by email or will be conspicuously posted on the Platform.

  39. Entire Agreement

    This Agreement comprises the entire agreement between the parties and supersedes all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.

  40. Complaints - California Residents

    If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.