These Terms of Service ("Terms") govern access to and use of the services provided by Delegate9 ("Delegate9", "we", "us") at www.delegate9.comand through any related dashboards, APIs, integrations, and communications (collectively, the "Service"). By creating an account, connecting an integration, or otherwise using the Service, you ("Customer", "you") agree to these Terms.
1. The Service
Delegate9 provides an AI operations agent that executes Customer-configured playbooks on behalf of the Customer's business. Typical workflows include appointment reminders, missed appointment recovery, new lead response, and shipment status alerts. The agent communicates with the Customer's end-users ("End Users") via SMS and email and, where configured, reads and writes Google Calendar events on the Customer's behalf.
2. Eligibility & accounts
You must be at least 18 and authorized to bind your organization in order to use the Service. You are responsible for keeping your credentials confidential and for all activity that occurs under your account. Notify us at [email protected] if you suspect any unauthorized use.
3. Customer responsibilities
- Authority & consent. You represent that you have the right to (i) connect any third-party system you integrate with the Service (including Google Calendar) and (ii) communicate with each End User whose contact information you submit to the Service. You are responsible for obtaining and maintaining all consents required by applicable law (including TCPA, CASL, GDPR, CAN-SPAM, and any industry-specific rules such as HIPAA) before sending SMS or email via the Service.
- Accurate data. You are responsible for the accuracy of the data you submit, including End User contact information, appointment times, and playbook configuration.
- Honoring opt-outs. You will honor End User opt-out requests across all channels and will not attempt to re-enroll opted-out End Users without fresh consent.
- Lawful use. You will not use the Service to send unlawful, deceptive, harassing, infringing, or otherwise prohibited communications, including communications that would violate the terms of our SMS, email, or LLM sub-processors.
4. Acceptable use
You will not, and will not permit any third party to:
- Reverse engineer, decompile, or attempt to extract the source code or training data of any part of the Service.
- Use the Service to build a competing product or to scrape data from Delegate9 or its sub-processors.
- Send malware, phishing content, content promoting illegal activity, or content that infringes another's rights.
- Send communications to End Users with whom the Customer does not have a pre-existing business relationship or other lawful basis.
- Attempt to bypass throttling, abuse webhooks, or otherwise interfere with the Service's integrity or availability.
5. AI-generated communications
The Service uses a large language model to compose individual SMS and email messages on your behalf. While the agent is constrained by the playbook, tone guidance, and operational guardrails you configure, it may occasionally produce output that is incorrect, off-tone, or unsuitable. You are responsible for reviewing the configuration and monitoring the activity feed in your dashboard, and for any communication actually sent on your behalf. The Service is provided on an "as is" basis with respect to AI output.
6. Integrations & Google Calendar
Optional integrations (Google Calendar, your scheduling system, your CRM, your TMS) are governed by the terms of the relevant third-party provider as well as these Terms. By connecting Google Calendar you grant Delegate9 the access described in our Privacy Policy and authorize us to read free/busy times and create calendar events on your behalf. You may revoke this access at any time from your Google account or from your Delegate9 dashboard; the agent will lose calendar functionality immediately upon revocation.
7. Fees & billing
Fees, billing cadence, and included usage are agreed in your order form or subscription confirmation. Unless otherwise stated, fees are non-refundable, are exclusive of taxes, and are charged monthly in advance. Pass-through costs (SMS, email volumes, LLM tokens) may be invoiced based on actual usage; we will provide reasonable visibility into those costs from your dashboard.
8. Suspension & termination
We may suspend or terminate access to the Service immediately if (a) you breach these Terms, (b) your use poses a security or legal risk to us or our sub-processors, or (c) we are required to do so by law. You may terminate your account at any time by contacting [email protected]. Upon termination, the data-retention rules in our Privacy Policy apply.
9. Intellectual property
The Service, including the dashboard, playbooks, prompts, models we author, and documentation, is and remains the property of Delegate9 and its licensors. We grant you a limited, non-transferable, non-exclusive license to access and use the Service for your own internal business purposes during the term of your subscription. You retain ownership of the data you submit to the Service. You grant us a limited license to use that data solely to operate, secure, and improve the Service for you, consistent with our Privacy Policy.
10. Confidentiality
Each party will protect the other's confidential information with at least the same care it uses for its own information of like importance, and not less than reasonable care. Confidential information will be used only to perform under these Terms and will not be disclosed except to personnel with a need to know who are bound by confidentiality obligations at least as protective.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE AI WILL ALWAYS PRODUCE CORRECT OUTPUT.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA. EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO DELEGATE9 IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
13. Indemnification
You will indemnify and hold Delegate9 harmless from any claim, damage, loss, or expense (including reasonable attorneys' fees) arising out of (a) your use of the Service in violation of these Terms or applicable law, (b) any content you submit or instruct us to send, or (c) your relationship with any End User.
14. Governing law
These Terms are governed by the laws of Singapore, without regard to conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the courts located in Singapore for any dispute arising out of or relating to these Terms or the Service, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property.
15. Changes
We may update these Terms from time to time. Material changes will be communicated by updating the "Last updated" date at the top of this page and, where appropriate, by emailing the Customer contact on file. Continued use of the Service after a change constitutes acceptance of the updated Terms.
16. Contact
Questions about these Terms should be sent to [email protected].