Terms and Conditions of Service

These Terms and Conditions ("Terms") govern access to and use of the behavioral analysis platform accessible at profiling.delphyros.com ("Platform"), operated by Delphyros Group S.r.l., operating under the brand Delphyros ("Delphyros", "we", "our", "us").

By registering on the Platform and using the services, the user ("Client", "you", "your") declares to have read, understood, and fully accepted these Terms. If you do not accept these Terms, you will not be able to use the Platform.

1. Definitions

For the purposes of these Terms, the following definitions apply:

Platform: the system accessible at profiling.delphyros.com that allows registered Clients to request and receive behavioral analyses.
Service: the behavioral analysis service provided through the Platform, consisting of the formulation of expert professional opinions based on publicly available information.
Request: the behavioral analysis request submitted by the Client through the Platform, containing the data of the subject to be analyzed and the specific question.
Analyzed Subject: the natural person who is the subject of the behavioral analysis Request.
Report: the document containing the behavioral analysis produced by Delphyros in response to a Request.
Credit: the unit of measurement that allows a Request to be made on the Platform.

2. Nature of the Service

2.1 What the Service Is

The Service consists of the formulation of an expert professional opinion based exclusively on the analysis of publicly available information relating to the Analyzed Subject, such as profiles on public social networks and professional platforms, photographs published online, public content and statements, and other publicly available information. The analysis is prepared by applying behavioral science methodologies and represents Delphyros's professional opinion formulated at a specific point in time based on available information.

2.2 What the Service Is NOT

The Service does not constitute:

investigative or inquiry activity
background check or verification of records
screening for hiring or termination purposes
determination of facts or objective truths
legal, medical, or financial advice
guarantee of accuracy or future outcomes
certain prediction of the Analyzed Subject's behavior

The Client acknowledges and accepts that behavioral analyses are probabilistic in nature and that human behavior is complex and not entirely predictable.

3. Registration and Account

3.1 Requirements

To use the Platform, you must:

be of legal age (18 years or older)
provide truthful and complete identification data
have a valid email address
fully accept these Terms and the Privacy Policy

The Platform is accessible to both professionals and businesses (B2B) and private individuals (B2C).

3.2 Account Responsibility

The Client is responsible for maintaining the confidentiality of their login credentials and for all activities carried out through their account. In case of unauthorized access or suspected account compromise, the Client must immediately notify Delphyros.

3.3 Account Cancellation

The Client may request cancellation of their account at any time by contacting team@delphyros.com. Cancellation results in the loss of unused remaining credits, unless otherwise agreed.

4. Credits and Payments

4.1 Credit System

Use of the Service operates through a credit system. Each behavioral analysis Request consumes one credit. Credits may be acquired through direct purchase on the Platform, or may be included as part of broader consulting agreements separately entered into with Delphyros.

4.2 Credit Validity

Purchased or assigned credits do not expire and remain available until used or until account cancellation.

4.3 Pricing

Credit prices are indicated on the Platform or in commercial agreements entered into with the Client. Prices are exclusive of VAT where applicable.

4.4 Refunds

No refunds are provided for purchased and unused credits, except as required by law. If Delphyros refuses a Request pursuant to Article 8, the used credit will be returned to the Client.

5. Service Delivery

5.1 Submitting a Request

To request a behavioral analysis, the Client completes the form available on the Platform indicating the first and last name of the Analyzed Subject, description of context (optional), the specific question to be answered, and links to public profiles or other public sources relating to the Subject.

5.2 Timing

Delphyros commits to delivering the Report within 24-48 business hours from receipt of the Request. In cases of particular complexity, delivery may occur within a maximum of 72 business hours. Any delays due to force majeure do not constitute breach of contract.

5.3 Delivery

The Report is made available through the Platform and notified to the Client via email. The Client acknowledges that, once delivered, the Report cannot be modified or withdrawn.

6. Permitted Uses

The Client may use the Service and Reports exclusively for the following legitimate purposes:

evaluation of potential business partners
investment due diligence
strategic negotiation preparation
relational risk assessment
general strategic consulting
other legitimate and lawful commercial purposes

The Client represents and warrants that each Request submitted has a legitimate and lawful purpose in compliance with these Terms.

7. Prohibited Uses

It is expressly prohibited to use the Service and Reports for:

hiring or termination decisions regarding personnel
employment screening without legal authorizations
stalking, harassment, or intimidation of any kind
discrimination based on legally protected characteristics
illegal activities of any type
defamation or damaging the reputation of the Analyzed Subject
blackmail or extortion
any other purpose contrary to law, public order, or good morals

Violation of this article constitutes serious contractual breach and results in immediate termination of the contract, account suspension, and activation of the protections provided in Article 12 (Indemnification).

8. Right of Refusal

Delphyros reserves the absolute right to refuse any Request, at its sole discretion, without obligation to provide reasons. Circumstances that may result in refusal include, by way of example:

insufficiently legitimate or suspicious purpose of the Request
apparent illegal intent or intent contrary to these Terms
Analyzed Subject who is a minor
repeated requests regarding the same Subject from different Clients (indicator of potential abuse)
insufficient public information to prepare a meaningful analysis
any other circumstance that Delphyros deems, in its judgment, incompatible with legitimate use of the Service

In case of refusal, the credit used for the Request is returned to the Client.

9. Report Sharing

9.1 Sharing Functionality

The Platform allows the Client to share their Requests and related Reports with other members of their organization registered on the Platform. The Client may set the visibility of each Request as private (visible only to the requester), shared with selected users, or public within the organization.

9.2 Responsibility for Sharing

Every person with whom the Report is shared must be registered on the Platform and must have accepted these Terms. The Client is responsible for the use that recipients make of the shared Report and commits to sharing Reports exclusively with parties who will use them in compliance with these Terms.

9.3 Citing Delphyros

The Client may cite Delphyros as the source of the behavioral analysis, provided that any citation is accompanied by the clarification that it is a "professional opinion based on publicly available information" and that responsibility for the use of and decisions based on the analysis remains exclusively with the Client.

10. Intellectual Property

All intellectual property rights relating to the Platform, analysis methodologies, software, and any other materials provided by Delphyros remain the exclusive property of Delphyros. The Client is granted a limited, non-exclusive, non-transferable, and revocable license to use the Reports received for purposes permitted under these Terms. This license does not include the right to reproduce, modify, commercially distribute, or create derivative works from the Reports, except as expressly provided in Article 9.

11. Limitation of Liability

11.1 Disclaimer of Warranties

The Service is provided "as is" and "as available". Delphyros provides no warranty, express or implied, regarding the accuracy, completeness, reliability, or suitability of the analyses for any particular purpose. The Client acknowledges and accepts that behavioral analyses constitute professional opinions based on limited information and that human behavior is not entirely predictable.

11.2 Quantitative Limitation

In no event shall Delphyros's total liability to the Client, for any cause and under any theory, exceed the amount actually paid by the Client for the specific Service giving rise to the claim.

11.3 Exclusion of Damages

Delphyros shall in no event be liable for indirect, incidental, special, consequential, or punitive damages, including, by way of example, loss of profits, loss of business opportunities, loss of data, reputational damage, or any other damage arising from the use or inability to use the Service, even if Delphyros has been advised of the possibility of such damages.

11.4 Client Decisions

Delphyros is not responsible for decisions made by the Client based on Reports received. The Client remains solely responsible for their own choices and actions, regardless of the information contained in the analyses.

12. Indemnification

The Client agrees to indemnify, defend, and hold harmless Delphyros, its directors, employees, collaborators, and agents from and against any claim, demand, action, damage, loss, cost, expense (including legal fees), and liability of any nature arising from or related to:

the Client's use of the Service
improper or unlawful use of Reports by the Client or parties with whom the Client has shared them
the Client's violation of these Terms
the Client's violation of third-party rights
any false or inaccurate statement provided by the Client
any action or decision taken by the Client based on Reports
any claim by the Analyzed Subject or third parties arising from the Client's use of Reports

This indemnification survives termination of the contractual relationship and account cancellation.

13. Confidentiality

Information exchanged between the parties in connection with use of the Platform is considered confidential. Delphyros does not disclose the identity of its Clients or the content of Requests and Reports, except as provided in the Privacy Policy. The Client commits to treating Reports received with due confidentiality and not to disclose them to unauthorized parties.

14. Term and Withdrawal

14.1 Term

The contractual relationship between the Client and Delphyros is established upon registration on the Platform and acceptance of these Terms, and remains in effect until account cancellation.

14.2 Client Withdrawal

The Client may withdraw at any time by requesting cancellation of their account. Cancellation results in termination of the right to use the Platform and loss of unused remaining credits.

14.3 Withdrawal and Suspension by Delphyros

Delphyros may suspend or terminate the Client's access to the Platform at any time, with or without notice, in case of violation of these Terms, improper use of the Service, non-payment, or for any other just cause. In case of suspension or termination due to Client fault, no refund of remaining credits is provided.

15. Amendments to Terms

Delphyros reserves the right to modify these Terms at any time. Modifications will be communicated to the Client via email and/or through the Platform with at least 15 days' notice before they take effect. Continued use of the Platform after modifications take effect constitutes acceptance of the new Terms. If the Client does not accept the modifications, they may withdraw from the contract before the modifications take effect.

16. Governing Law and Jurisdiction

These Terms are governed by Italian law. For any dispute arising from these Terms or use of the Platform, the parties commit to attempting amicable resolution. In case of failure to reach agreement, the Court of Bergamo shall have exclusive jurisdiction. For Clients who qualify as consumers under Italian Legislative Decree 206/2005 (Consumer Code), the jurisdiction of the court of the consumer's place of residence or domicile is preserved where mandatorily required by law.

17. Final Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between the parties regarding use of the Platform and supersede any prior agreement or understanding, written or oral, on the same subject matter.

17.2 Partial Invalidity

If any provision of these Terms is declared invalid or unenforceable, the remaining provisions shall remain fully valid and effective.

17.3 Waiver

Failure or delay by Delphyros in exercising any right or remedy under these Terms does not constitute a waiver of such right or remedy.

17.4 Assignment

The Client may not assign or transfer rights and obligations under these Terms without Delphyros's prior written consent. Delphyros may assign or transfer its rights and obligations to third parties upon notice to the Client.

18. Contact

For any questions, requests, or communications regarding these Terms or use of the Platform: Delphyros Group S.r.l. - Delphyros Via Giorgio e Guido Paglia 17 24122 Bergamo (BG), Italy Email: team@delphyros.com PEC: ilcerchiodellavitasrl@pec.it

This is a courtesy translation. In case of discrepancies, the Italian version shall prevail for legal purposes.