DELPHINA, INC.

TERMS OF USE

Last Updated: March 11, 2026

1. Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of the Delphina platform, including the website at delphina.ai, any associated sandbox environments, demos, APIs, and related services (collectively, the "Service"), provided by Delphina, Inc. ("Delphina," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Eligibility. You must be at least eighteen (18) years of age to access or use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under 18, you may not use the Service under any circumstances.

2. Description of Service

Delphina provides an AI-powered analytics platform that connects to data warehouses and other data sources to enable natural language data analysis. The Service may include public sandbox environments featuring sample datasets, including but not limited to sports and entertainment data (such as NCAA March Madness data), Anthropic usage data, New York City trip data, and other publicly available datasets, for demonstration and evaluation purposes.

3. Important Disclaimers Regarding AI-Generated Content

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

(a) Not Financial, Betting, or Investment Advice. The Service, including all outputs, analyses, predictions, insights, and data visualizations generated by or through the Service (collectively, "Outputs"), are provided for informational and entertainment purposes only. Outputs do not constitute and shall not be construed as financial advice, investment advice, betting or gambling advice, trading recommendations, or any other form of professional advice. You should not rely on Outputs to make financial decisions, place wagers, or inform any betting or gambling activity.

(b) No Guarantee of Accuracy. Outputs are generated by artificial intelligence models and may contain errors, inaccuracies, hallucinations, incomplete information, or outdated data. Delphina does not warrant or guarantee the accuracy, completeness, reliability, or timeliness of any Output.

(c) No Professional Substitute. The Service is not a substitute for professional financial, legal, medical, or other expert advice. You should always consult qualified professionals before making important decisions based on data analysis of any kind.

(d) Assumption of Risk. Any reliance you place on Outputs is strictly at your own risk. Delphina shall not be liable for any losses, damages, or harm arising from your use of or reliance on any Output.

4. Sandbox and Demo Environments

Delphina may offer public sandbox or demo environments that provide access to sample datasets for evaluation and demonstration purposes. These environments are provided on an as-is basis and may be modified, suspended, or discontinued at any time without notice. Data available in sandbox environments may be sample, synthetic, or publicly available data and should not be treated as authoritative or current.

Sandbox environments may be subject to usage limitations, including but not limited to query volume limits, session duration limits, and feature restrictions. Delphina reserves the right to restrict or terminate sandbox access at its sole discretion.

5. Acceptable Use

You agree not to use the Service to:

(a) Violate any applicable law, regulation, or third-party right;

(b) Scrape, crawl, or use automated means to extract data or content from the Service, except as expressly permitted by Delphina in writing;

(c) Reverse engineer, decompile, or attempt to derive the source code, algorithms, or models underlying the Service;

(d) Use the Service to build a competing product or service;

(e) Redistribute, resell, or sublicense any underlying data, Software, or proprietary content of the Service (for clarity, this restriction does not apply to Outputs you own under Section 6);

(f) Introduce viruses, malware, or other harmful code into the Service;

(g) Attempt to gain unauthorized access to any part of the Service or its underlying systems;

(h) Use the Service in any manner that could damage, disable, overburden, or impair the Service;

(i) Access or use the Service from any country or territory subject to comprehensive U.S. economic sanctions (including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), or if you are a person or entity on the U.S. Treasury Department's Specially Designated Nationals List or any other applicable restricted party list. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or territory, and are not on any such list.

6. Intellectual Property

The Service, including all software, algorithms, models, designs, text, graphics, and other content provided by Delphina, is owned by or licensed to Delphina and is protected by intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use the Service in accordance with these Terms.

Ownership of Outputs. As between you and Delphina, you own all Outputs generated through your use of the Service. Delphina hereby assigns to you all right, title, and interest in and to such Outputs. Notwithstanding the foregoing, Delphina retains a non-exclusive, royalty-free, worldwide license to use Outputs in aggregated, anonymized, or de-identified form for the purposes of improving and enhancing the Service, conducting internal research, and for other legitimate business purposes. For clarity, this license does not permit Delphina to publish or disclose your individual Outputs to third parties in a form that identifies you.

Customer Data. If you connect your own data warehouse or provide your own data to the Service pursuant to a separate enterprise agreement, ownership of such data shall be governed by the terms of that agreement. For clarity, publicly available sample data provided in sandbox or demo environments is not "Customer Data" and remains the property of Delphina or its licensors.

Delphina retains all rights in and to the Service, the underlying models and algorithms, and any aggregated or anonymized data derived from use of the Service.

7. Feedback

If you provide Delphina with any suggestions, ideas, feedback, bug reports, feature requests, or other input regarding the Service ("Feedback"), you grant Delphina a worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable license to use, reproduce, modify, incorporate, and otherwise exploit such Feedback for any purpose without restriction or compensation to you. Delphina has no obligation to implement any Feedback.

8. Data Use and Model Training

Except as otherwise provided in an applicable Enterprise Agreement (as defined in Section 17), Delphina will not use your individual queries, inputs, or personal data to train artificial intelligence or machine learning models offered to other users or third parties.

Notwithstanding the foregoing, Delphina may collect and use aggregated, anonymized, and de-identified data derived from your use of the Service to improve and enhance the Service, develop new features, conduct internal research, and for other legitimate business purposes. Such aggregated data will not identify you personally and may be used by Delphina without restriction during and after the term of your use of the Service.

9. Third-Party Data and Content

The Service may incorporate or display data from third-party sources, including but not limited to sports statistics providers, public data sources, and data warehouse platforms. Such third-party data is provided subject to the terms and conditions of the respective data providers. Delphina makes no representations or warranties regarding the accuracy or availability of third-party data.

10. Privacy and Confidentiality

Your use of the Service is also governed by our Privacy Policy, available at https://delphina.ai/privacy-policy.html. By using the Service, you acknowledge that you have read and understood the Privacy Policy.

Any account information, query history, session data, and other non-public information associated with your use of the Service will be treated as confidential and handled in accordance with the Privacy Policy. Delphina will not disclose your individual account information or usage data to third parties except as described in the Privacy Policy, as required by law, or with your consent.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DELPHINA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Delphina specifically disclaims any warranty that Outputs will be accurate, complete, current, or suitable for any particular purpose, including but not limited to financial analysis, sports predictions, betting, investment decisions, or any form of wagering.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DELPHINA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DELPHINA'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO DELPHINA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless Delphina and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your violation of any applicable law or third-party right; or (c) any decisions or actions you take based on Outputs. For clarity, ordinary use of the Service in compliance with these Terms shall not give rise to an indemnification obligation.

14. Modifications to Terms

Delphina reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website, updating the "Last Updated" date, and, where practicable, providing at least thirty (30) days' advance notice before material changes take effect. Your continued use of the Service after such changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you may discontinue use of the Service before the changes take effect, and the prior version of the Terms shall govern your use during that notice period.

15. Termination

Delphina may suspend or terminate your access to the Service at any time for any reason upon fifteen (15) days' prior notice to you, or immediately and without notice if you breach these Terms, engage in conduct that could harm Delphina or other users, or if required by law. You may terminate your use of the Service at any time by discontinuing access. Upon termination by either party, your right to use the Service will cease; however, you will retain ownership of any Outputs generated prior to termination. Sections 3, 6, 7, 8, 10, 11, 12, 13, 16, and 17 shall survive any termination of these Terms.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

Mandatory Arbitration. You and Delphina agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring claims in small claims court if eligible. The arbitration shall be administered by JAMS under its Streamlined Arbitration Rules and Procedures, and shall take place in Santa Clara County, California. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction.

Class Action Waiver. YOU AND DELPHINA AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

Arbitration Fees. For any Dispute in which you seek relief valued at $10,000 or less, Delphina will pay all JAMS filing, administration, and arbitrator fees. For Disputes seeking relief valued above $10,000, the payment of JAMS fees shall be governed by the JAMS rules. Regardless of the amount in dispute, Delphina will not seek its attorneys' fees or costs in arbitration unless the arbitrator determines that your claim was frivolous or brought in bad faith.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to Delphina at the address set forth in Section 18 within thirty (30) days of first accepting these Terms. If you opt out, Disputes shall be resolved exclusively in the state or federal courts located in Santa Clara County, California, and you consent to the personal jurisdiction of such courts.

17. General Provisions

These Terms, together with the Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and Delphina regarding the Service. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. Delphina's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You may not assign or transfer these Terms without Delphina's prior written consent. Delphina may assign these Terms without restriction.

Relationship to Enterprise Agreements. In the event that you or your organization have entered into a separate Master Services Agreement, Services Agreement, or other enterprise agreement with Delphina (each, an "Enterprise Agreement"), the terms of the Enterprise Agreement shall govern your use of the Service to the extent of any conflict with these Terms. These Terms shall apply to any features, environments, or aspects of the Service not expressly covered by the Enterprise Agreement.

18. Contact Information

If you have any questions about these Terms, please contact us at:

Delphina, Inc.

74 Banks Street, San Francisco, CA 94110

info@delphina.ai