Delve Risk Terms and Conditions

Terms & Conditions Agreement
Last Modified: October 20, 2025

Delve Risk Solutions, LLC ("Company" or "We") is committed to protecting your privacy and outlines its practices for collecting, using, maintaining, protecting, and disclosing information. This policy applies to information collected on our Website (https://www.delverisk.com), via email, text, and other electronic messages with the Website, through mobile/desktop applications downloaded from the Website, when interacting with our advertising or applications on third-party services that link to this policy, and through software-as-a-service solutions accessed via our Company and Website.

This policy does not apply to information collected offline, through other means, or on any other website operated by the Company or third parties (including affiliates and subsidiaries). By accessing or using our Website, you agree to this privacy policy. This policy may change, and your continued use after changes are posted signifies acceptance.

Children Under The Age of 18


Our Website is not intended for children under 18 years of age. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website. If we learn we have collected information from a child under 18 without parental consent, we will delete it. If you believe we have such information, please contact us at privacy@delverisk.com

Information We Collect About You & How We Collect It


We collect several types of information from and about Website users, including:
• Personal information: By which you may be personally identified (e.g., name, postal address, email address, telephone number).
• Non-personally identifiable information: Information about you that does not individually identify you.
• Technical data: Information about your internet connection, equipment used to access our Website, and usage details.

This information is collected in the following ways:
• Directly from you: When you provide it to us.
• Automatically: As you navigate the site (e.g., usage details, IP addresses, data from cookies, web beacons, and other tracking technologies).
• From third parties: Such as our business partners.

Information You Provide To Us


• Information provided by filling forms on our Website (e.g., registering, subscribing, requesting services).
• Records and copies of correspondence if you contact us (including email addresses).
• Details of transactions and order fulfillment, potentially requiring financial information.
• Your search queries on the Website.

Information We Collect Through Automatic Data Collection Technologies:


As you navigate our Website, we may use technologies to collect information about your equipment, browsing actions, and patterns, including:
• Details of your visits: Traffic data, location data, logs, and resources accessed.
• Information about your computer and internet connection: IP address, operating system, and browser type.

We may also use these technologies for behavioral tracking to collect information about your online activities over time and across third-party websites. This automatically collected information may include personal information or be associated with it. It helps us improve our Website and deliver personalized service by enabling us to:
• Estimate audience size and usage patterns.
• Store preferences to customize the Website.
• Speed up searches.
• Recognize you when you return.

Technologies used for automatic data collection include:
• Cookies (or browser cookies): Small files placed on your computer's hard drive. You can refuse cookies via browser settings, but this may limit access to parts of our Website. Our system issues cookies unless your browser is set to refuse them.
• Web Beacons (clear gifs, pixel tags, single-pixel gifs): Small electronic files in Website pages and emails used to count users who visited pages or opened emails, and for other Website statistics (e.g., content popularity, system integrity).

Third-Party Use of Cookies and Other Tracking Technologies: Some content or applications on the Website are served by third parties who may use cookies, web beacons, or other tracking technologies. They may collect personal information about your online activities over time and across different websites to provide interest-based (behavioral) advertising or targeted content. We do not control these third parties' tracking technologies or their use. You should contact the responsible provider directly for questions about targeted content. Information on opting out of targeted advertising from many providers is available via the Network Advertising Initiative ("NAI") website.

How We Use Your Information
 

We use collected information, including personal information, for the following purposes:
• To present our Website and its content to you.
• To provide requested information, products, or services.
• To fulfill any other purpose for which you provide it.
• To provide account notices (e.g., expiration, renewal).
• To carry out obligations and enforce rights from contracts, including billing and collection.
• To notify you about Website changes or product/service offerings.
• To allow participation in interactive features.
• To access our software-as-a-service solutions.
• As described when you provide the information, or with your consent. We may also use your information to contact you about potentially interesting goods and services.

You can adjust user preferences in your account profile to opt out.

Lawful Basis for Processing your Personal Information

As required by U.S. and European data protection laws, we have a lawful basis for processing your Personal Information:
• Consent: By using our Service, you consent to our collection, use, and sharing of your Personal Information as described.
• Legitimate interests: Processing necessary for our legitimate interests, which include facilitating communication, developing/improving services, safeguarding IT infrastructure, preventing fraud, and growing our business. We do not process if your rights outweigh our interests.
• To perform contractual services: Processing Personal Information to fulfill obligations under our contract to deliver products and services, such as contact information for products, license keys, and support.
• As required by law: Processing when required or permitted by law, to comply with government requests, respond to legal processes, protect our interests, or defend litigation.

Disclosure of Your Information


We may disclose aggregated information that does not identify any individual without restriction. We may disclose personal information as described in this privacy policy:
• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties who support our business, bound by confidentiality obligations.
• To a buyer or successor in event of a merger, divestiture, or similar transfer of assets, where user personal information is among the assets.
• To third parties for marketing their products or services to you, if you have not opted out. These third parties are contractually required to keep information confidential.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed when you provide the information, or with your consent. We may also disclose your personal information:
• To comply with any court order, law, or legal process.
• To enforce our Terms of Use and other agreements, including billing and collection.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Delve Risk Solutions, LLC, our customers, or others (e.g., fraud protection, credit risk reduction).

Choices About How We Use and Disclose Your Information


We aim to provide choices regarding your personal information:
• Tracking Technologies: You can set your browser to refuse cookies or alert you when they are sent. Disabling cookies may affect site functionality.
• We do not control third parties' collection or use of your information for interest-based advertising. You may find ways to opt out of targeted ads from NAI members on their website.

Type Text


Accessing & Correcting Your Information

Information on the Website is made available solely for general information purposes. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from such reliance. Content provided by third parties (users, bloggers, licensors) reflects solely the opinions and responsibility of the person or entity providing them, and we are not responsible or liable for their content or accuracy. We may update content on this Website, but it is not necessarily complete or up-to-date, and we are under no obligation to update it.

9. Fees and Payment (Sales Advantage).

Customer shall pay Provider the fees ("Fees") specified in the Order Form/Sales Advantage Proposal. Payments are due in U.S. dollars upon acceptance or as specified. Late payments may incur interest at 1.5% per month or the highest legal rate, plus collection costs. Provider may suspend Services if payment is 15 days or more past due. Fees are exclusive of taxes, and Customer is responsible for all sales, use, and excise taxes, duties, and charges, excluding taxes on Provider's income.

10. Confidential Information

Each Party shall maintain the confidentiality of the other Party's Confidential Information. Disclosure is permitted only to employees with a need to know, to comply with court orders/law (with reasonable effort for protective order), or to establish rights. Upon termination, the Receiving Party shall return or destroy all copies of Confidential Information. Obligations of non-disclosure survive for five years, or as long as trade secret protection applies.

11. Geographic Restrictions

The Website owner is based in Virginia, United States. We provide this Website for use only by persons located in the United States. Access from outside the U.S. is on your own initiative, and you are responsible for compliance with local laws.

12. Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, THE SERVICES, AND ANY ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. The Website, its content, the Services, and any items obtained through them are provided on an "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. We cannot and do not guarantee or warrant that fi les available for downloading will be free of viruses or other destructive code. We will not be liable for any loss or damage caused by viruses or other technologically harmful material. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

13. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR SERVICES. This includes any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort, breach of contract or otherwise, even if foreseeable. PROVIDER'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED ONE TIMES THE TOTAL AMOUNTS PAID AND ACCRUED BUT NOT YET PAID TO PROVIDER IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or Services. This includes, but is not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized, or your use of any information obtained from the Website. Customer shall also indemnify Provider from claims arising from Customer Data infringing IP, Customer's negligence/misconduct, unauthorized use, or Customer's modifications to Services.

15. Term and Termination (Sales Advantage)

The initial term is one year from the Effective Date, automatically renewing for successive one-year terms unless either Party gives written notice of non-renewal at least 30 days prior to expiration. ...... Provider may terminate immediately if Customer fails to pay within 30 days of notice or breaches Use Restrictions or Confidential Information clauses. Either Party may terminate with 30 days' written notice for uncured breach, or immediately upon insolvency.

Upon expiration or termination of this Agreement, Customer’s obligations are as follows:

● Customers must promptly and securely erase all Delve Risk Data in its possession or control, including all copies held by its subcontractors, within thirty (30) days.

● Following the data erasure, a representative from Delve Risk’s Customer Success team will follow up with the Customer to validate and verify the complete and secure deletion of the information.

● Customers must provide written certification to Delve Risk of the complete and secure erasure of all such data upon request.

16. Governing Law and Binding Arbitration

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom, shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia [27, 46.5]. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE SUBJECT TO FINAL AND BINDING ARBITRATION GOVERNED BY THE FEDERAL ARBITRATION ACT [27, 46.5]. The arbitration shall be conducted before a single arbitrator in accordance with the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA”) then in effect [27, 46.5]. Except as otherwise provided, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims unless both you and Us specifi cally agree to do so following initiation of the arbitration. You understand and agree that by accepting this provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. This clause does not preclude seeking temporary or preliminary injunctive relief [46.5].

17. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18. General Provisions

No waiver by the Company of any term or condition shall be deemed a further or continuing waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary. These Terms, our Privacy Policy, and associated Sales Advantage Terms and Conditions (as further detailed in any Order Form or Sales Agreement) constitute the sole and entire agreement between you and Delve Risk Solutions, LLC. with respect to the Website and Services and supersede all prior understandings, agreements, representations, and warranties [29, 46.1]. The parties are independent contractors [46.2]. Provider is not liable for failure or delay due to circumstances beyond its reasonable control (Force Majeure) [46.3]. No amendment or modification is effective unless in writing and signed by authorized representatives [46.4]. A breach or threatened breach of confidentiality or use restrictions would cause irreparable harm, entitling the other Party to equitable relief without bond or proof of actual damages [46.7].

19. Support

Support will be provided to customers experiencing issues connecting to the Services or with general questions regarding platform functionality. Delve Risk will respond to support requests within one (1) business day of the receipt of the request. All requests for support should be directed to: customersuccess@delverisk.com.

DELVERISK

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