TERMS AND CONDITIONS
Thank you for being a beta tester!
We really appreciate your participation in this phase and value your feedback. If you'd like more information on how to give feedback, click here.
How the Delphia app works
As a beta tester of the Delphia app, you can sign up for an account with Delphia using your email, establishing a username and password of your choice.
Within the app, you can take surveys. To earn points, you must complete the survey in full.
There are four types of push notifications that you may receive from the app (and you can choose to opt-out of these under "Settings > Notifications"). They will be sent when:
- New Surveys: There is a new survey available for you to consider.
- New Deposits: When you receive a data dividend.
- Survey Results: An insight has been generated from a survey that you have completed.
- Announcements: General communication from Delphia.
Once you complete a survey, you are awarded a certain number of points. These points can be converted into a "data dividend" and the allocation of this data dividend is proportional to the points that have been distributed that week. Delphia reserves the right to the discretionary allocation of these points.
Your data dividend can be cashed out any time it is worth more than $20 USD by opening up an investment management account with Delphia (the "Delphia Account") and depositing the data dividend in your Delphia Account. You may withdraw the data dividends from your Delphia Account after ninety (90) days. This function only works with individuals who are permanent legal residents of the United States and otherwise permitted to open an investment account. Residents of other jurisdictions cannot redeem data dividends.
If you want to invest your dollars alongside your data, contact Support in the app.
"The Beta Test" refers to the Delphia Beta App that is currently being tested and is not available to the general public.
"The App" refers to to the Delphia mobile application on iOS that is being beta-tested.
You agree to provide reasonable feedback to Delphia about using the app as a service, and information about connectivity and usability of the Beta Test. All your feedback is only used in the purpose to improve the service itself and the user experience. Feedback is sent either through the TestFlight App or through the beta app. We also may occasionally send emails to beta testers for customer research. Learn more here.
- Beta Test Materials
Delphia shall provide you with all the information needed and required for participation in the Beta Test Program, such as: log in and guidance.
- Ownership of Beta Test Materials
You understand that Delphia shall own all of the Beta Test Materials, including without limitation all intellectual property rights therein. You may not sell, lease, license, loan or otherwise transfer or dispose of any of the Beta Test Materials. You shall keep the Beta Test Materials in your possession, custody and control.
Confidential nature of beta test participants
You acknowledge and agree that:
- The Beta Test Materials are the confidential information of Delphia.
- The Beta Test Materials are pre-release materials and not intended for public release.
- Disclosure of any part of the Beta Test Materials to any third party, including but not limited to any trade or consumer press, news agency or any competitor of Delphia, will cause significant and irreparable harm to Delphia, the extent of which may be difficult to ascertain. Accordingly, you agree Delphia shall be entitled to injunctive relief as well as all other legal remedies that may be available in the event you breach this agreement.
Participant's warrants and representations
You warrant and represent that you:
- You are an individual with knowledge and interest within financial technology services or a Delphia company employee.
- Will use your mobile phone with good security settings and do not share logins with anyone else.
- Will not disclose any part of the Beta Test Materials to any third party, including but not limited to any trade or consumer press, news agency or any competitor of Delphia.
- You will not give any public exhibitions or displays using the Beta Test Materials.
- Agree that if you allow anyone else to use the Beta Test Materials in your home or office you accept responsibility for their acts, including any violations of this agreement which could result in the termination of your account.
- Will immediately notify Delphia if you find or become aware that the Beta Test Materials are in the possession of a third party, and you will use your best efforts to help recover the Beta Test Materials and to prevent any further loss.
- Will use the content and tools made available to you through the Private Beta Test Program only for the purposes intended as any misuse of such content or tools may result in immediate termination of your account and participation in the Private Beta Test Program.
- Will not misappropriate any of the intellectual property of Delphia or any other party as such misappropriation may result in legal prosecution.
THE SERVICE ARE PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PROVIDED UNDER LAW, DELPHIA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DELPHIA DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO REACH THE SERVICE PROVIDED UNDER THE PRIVATE BETA TEST PROGRAM AT ANY TIME YOU WANT. FROM TIME TO TIME, THERE MAY BE PROBLEMS RELATED TO ACCESS, DELAY OR FAILURE TO PERFORM THAT ARE BEYOND THE REASONABLE CONTROL OF ELITS. YOU AGREE THAT DELPHIA HAS NO LIABILITY FOR SUCH DISCONTINUANCE AND THAT THE SUPPORT OF THIS SERVICE DURING THE BETA TEST PROGRAM IS AT BEST EFFORT.
Limitation of liability and remedies
You agree not to make a claim with Delphia for any damages that you might incur for any reason whatsoever (including, without limitation, all direct or general damages). The intention of this Beta is not to run business critical livedata and/or applications. Data loss and corruption may occur. Delphia and any of its affiliates shall be held without responsibility for above mentioned scenarios.
Copy of this agreement
This Agreement will be effective from the time you log in to the service until it is terminated. You may terminate this Agreement at any time by providing Delphia a written notification of your termination by sending an email to firstname.lastname@example.org. Your account and participation privileges may be terminated immediately if you fail to comply with any of the terms and conditions of this Agreement or if you fail to provide reasonable feedback in a timely manner. Delphia also reserves the right to terminate your account or the Beta Test Program at any time if there is suspicion of illegal activities.
If you do not agree to be bound by the terms and conditions of this Agreement, do not continue any further and notify Delphia that you wish to leave the Beta test program.
Your Privacy is important to us
Delphia is an ethical user of personal data. The security of your personal data is important to us.
Terminating your participation
If you no longer wish to be a beta tester please contact Delphia. Delphia will terminate your beta account as soon as practical, which is generally withing 7 calendar days of receiving notice from you that you wish to terminate your participation by contacting us at email@example.com. You can continue to participate in future versions of our application using the same login credentials.
Delphia reserves the right to terminate the Beta Test at any time. In such a case and unless specified otherwise, no points are redeemable.
You agree that Delphia, in its sole discretion, may terminate or suspend your participation in the Beta Program, for any reason, including, without limitation, for lack of use, or if Delphia believed that you have violated or acted inconsistently with the letter or spirit of these Terms.
You agree that Delphia may terminate your access to the Beta Program under any provision of these Terms without notice, and acknowledge and agree that Delphia may immediately deactivate your registration as a beta tester and/or bar access to the Beta Program. Further, you agree that Delphia shall not be liable to you or any third-party for any termination of your access to the Beta Program.
Your obligation to reimburse us
You hereby agree to fully reimburse Delphia and its directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) each of them suffers or incurs resulting in any way from your use of the Delphia Beta Test, or your participation in the Beta Test or resulting from any breach of these Terms whether such breach is carried out by you or by any other person through your Delphia Account as a result of your negligence.
Delphia Inc. owns all rights (including intellectual property rights), title and interest in and to: (i) the Website and Delphia Webpage at www.delphia.com; (ii) the App; (iii) any information, content, materials or intellectual property contained in the foregoing clause (i) and (ii), including text, graphics, audio, video, photographs, software, surveys, logos, trademarks, service marks; and (iv) any modifications, adaptations, translations or derivative works to the foregoing (i) to (iii). All rights not expressly granted to you under these Terms are reserved by us.
All contents of the Website and the App are: © 2019 Delphia Inc.
Other important terms
If a court finds part of these Terms illegal or otherwise invalid, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any agreement between us. We and you will be legally bound by these Terms.
Events or circumstances beyond our reasonable control: If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, our inability or delay in performing our obligations will not be deemed to be in breach of these Terms. Examples of such events and circumstances include fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
References to 'including' and other similar expressions. In these Terms, words that appear after the expression 'include', 'including', 'other', 'for example', 'such as' or 'in particular' (or any similar expression) will not limit the meaning of the words appearing before such expression.
The laws that apply to these Terms and where you may bring legal proceedings. These Terms are governed by Canadian law and you can bring legal proceedings in respect of them in the Canadian courts.
How to contact us
If you have questions about this notice, or about how we collect, store and use personal data, you can contact our Chief Compliance Officer or contact us through the app via: "Settings > Contact Support".
Mail: The Data Protection Officer
662 King Street West, Suite 001
Toronto, Ontario, M5V 1M7
If you have any questions, concerns or feedback of a more general nature, please contact the Panel Manager.
Mail: Panel Manager
662 King Street West, Suite 001
Toronto, Ontario, M5V 1M7
Updates to this notice
We may amend these terms at any time and without notice. These terms were last updated on November 20th, 2019.