Terms of Service

Welcome to Dilivygo. These Terms of Service ("Terms") govern your access to and use of the Dilivygo platform, including our website, mobile applications, and all related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using the Dilivygo Service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this Service.

You must be at least 18 years old and have the legal authority to enter into binding agreements to use this Service. By using the Service, you represent and warrant that you meet these requirements.

2. Description of Service

Dilivygo provides a white-label delivery platform solution that enables businesses to create and manage their own branded delivery applications. The Service includes:

• Customer-facing mobile and web applications
• Rider/driver mobile applications
• Store management applications
• Admin dashboard and management tools
• Real-time order tracking and management
• Payment processing integration
• Analytics and reporting features
• API access (depending on your plan)

We reserve the right to modify, suspend, or discontinue any part of the Service at any time without prior notice.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to:

• Maintain the security and confidentiality of your login credentials
• Immediately notify us of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account
• Not share your account credentials with unauthorized third parties

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

4. Subscription Plans and Payment

4.1 Pricing

Our Service is offered on a subscription basis with different pricing tiers as outlined on our pricing page. All prices are subject to change with 30 days' notice. Continued use of the Service after price changes constitutes acceptance of the new pricing.

4.2 Payment Terms

Subscription fees are billed in advance on a monthly basis. You authorize us to charge your designated payment method for all fees incurred. All payments are non-refundable except as expressly stated in these Terms or as required by law.

4.3 Setup Fees

Certain plans require upfront setup fees. These fees cover the initial configuration, onboarding, and white-glove setup services as described in your selected plan.

4.4 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes associated with your use of the Service.

4.5 Cancellation and Refunds

Starter and Growth subscriptions are month-to-month. You may cancel at any time with 30 days' written notice. Fees already paid for the current billing period are non-refundable except where required by law. Setup fees, once work has commenced, are non-refundable. Scale and Enterprise terms, including any pilot, locked-rate, or escrow provisions, are governed by the executed order form for each customer.

5. Acceptable Use

5.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
• To impersonate or attempt to impersonate Dilivygo, a Dilivygo employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm Dilivygo or users of the Service

5.2 Prohibited Activities

You agree not to:

• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use any automated means to access the Service for any purpose without our express written permission
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to the Service or its related systems
• Use the Service to transmit any viruses, malware, or other harmful code
• Collect or harvest any information from the Service without authorization
• Resell, redistribute, or sublicense the Service without prior written consent

6. Intellectual Property

6.1 Dilivygo Property

The Service and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, graphics, photographs, video, and audio, and the design, selection, and arrangement thereof) are owned by Dilivygo, its licensors, or other providers of such material and are protected by intellectual property laws.

6.2 License Grant

Subject to these Terms, Dilivygo grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your business purposes during the term of your subscription.

6.3 Your Content

You retain all rights to the content you upload to the Service, including your business branding, menus, product information, and customer data. By uploading content, you grant Dilivygo a license to use, store, and display such content solely for the purpose of providing the Service to you.

6.4 Trademarks

The Dilivygo name, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Dilivygo or its affiliates. You must not use such marks without the prior written permission of Dilivygo.

7. Data Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you consent to our collection and use of data as outlined in the Privacy Policy, which is incorporated into these Terms by reference.

8. Service Level and Availability

We strive to maintain high availability of the Service. However, we do not guarantee that the Service will be uninterrupted or error-free. The Service may be temporarily unavailable for scheduled maintenance or emergencies. We will use commercially reasonable efforts to restore service as quickly as possible.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS 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.

DILIVYGO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DILIVYGO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT 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.

IN NO EVENT SHALL DILIVYGO'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO DILIVYGO DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

11. Indemnification

You agree to indemnify, defend, and hold harmless Dilivygo and its officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of any third party
• Your content and data uploaded to the Service

12. Term and Termination

12.1 Term

These Terms remain in effect for as long as you use the Service. Your subscription continues until terminated in accordance with these Terms.

12.2 Termination by You

You may terminate your account at any time by following the instructions in your account settings or by contacting us. Termination does not relieve you of obligations incurred prior to termination.

12.3 Termination by Dilivygo

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

12.4 Effect of Termination

Upon termination, your right to use the Service will cease immediately. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be resolved through:

• Negotiation: Parties agree to attempt to resolve disputes through good faith negotiation
• Mediation: If negotiation fails, parties agree to attempt mediation before a mutually agreed mediator
• Arbitration: If mediation fails, disputes shall be resolved by binding arbitration in accordance with the rules of [Arbitration Organization]

You agree to submit to the exclusive jurisdiction of the courts located in [Your Jurisdiction] for any disputes that cannot be resolved through arbitration.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our platform with a new "Last updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Dilivygo regarding the Service.

15.2 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

15.3 Waiver

The failure of Dilivygo to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. Dilivygo may assign these Terms without restriction.

15.5 Force Majeure

Dilivygo shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, strikes, or internet service provider failures.

16. Contact Information

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

• Email: legal@delivio.com
• Address: Dilivygo, [Your Business Address]
• Phone: [Your Contact Number]