Terms of service

These Terms are an agreement between you and Delphi Verify Inc., a corporation incorporated in the State of Delaware, United States ("Delphi Verify", "we", "us").

Registered address: 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808, United States.

Contact: contact@delphiverify.com.

Reviewer note — this section requires completion or confirmation before publication.

By using Delphi Verify you accept these Terms. If you do not accept them, do not use the service.

You must have the legal capacity to enter into a contract. If you use Delphi Verify on behalf of an organisation, you confirm that you are authorised to accept these Terms for that organisation, and references to 'you' include it.

If your organisation has entered into a separate written agreement with Delphi Verify, that agreement governs to the extent of any conflict with these Terms. Nothing here overrides a negotiated master services agreement, service level agreement or data processing agreement.

Delphi Verify is a platform for creating, holding and checking evidence about physical assets. Depending on how you access it and what your organisation has arranged, it may include:

• —capture of photographic and video evidence through the Delphi Verify mobile application
• —a web platform for organisations, including jobs, workflows and asset records
• —evidence records assembled from one or more captures
• —verification certificates published from those records
• —sharing of certificates, publicly or with specified recipients
• —verification functionality allowing a recipient to check a certificate

Not every user has an account. A certificate can be opened and checked by a recipient who holds its code, without registering.

The service changes as the product develops. We may add, alter or withdraw features; where a change materially reduces functionality you rely on, section 18 applies.

A Delphi certificate is evidence about the creation and integrity of specific media. Within the limits described in section 05, a certificate establishes that:

• —the media was captured through the Delphi Verify application, rather than imported from a photo library or supplied from an external source
• —the capture passed the device, application and other verification checks applied by Delphi at the time
• —the capture carries the time and location reported by the device, at the accuracy recorded
• —the media and published metadata presented for verification match the values cryptographically committed when the evidence record was sealed

The final point is what independent verification actually demonstrates, and it is stated in those terms deliberately: the committed values can be recomputed from the material presented and compared against the public attestation, so the claim is one a third party can test rather than one Delphi asks to be taken on trust.

Verification checks establish what they establish at the time they are applied. They are strong signals, not absolute assertions about a device: the underlying platform attestation service is documented by its provider as unable to definitively identify every device whose operating system has been modified.

A certificate does not interpret what the media shows. By itself, a certificate does not establish:

• —the identity or authority of any person appearing in or creating the media
• —ownership of an asset, or legal title to it
• —the value of an asset
• —regulatory, building or other compliance
• —the quality of any workmanship shown
• —fitness for any purpose
• —the accuracy of any title, description or annotation supplied by a user
• —that the capture includes everything relevant to the matter in question
• —that a scene was not arranged or staged before capture
• —what occurred before or after the capture
• —that the asset remains in the condition shown
• —the admissibility of the evidence, or the weight any decision-maker will give it

Delphi Verify does not warrant that a certificate will be accepted by any court, tribunal, insurer, regulator, lender or counterparty. How much weight evidence carries is a matter for whoever is assessing it.

Publishing a certificate makes the media and metadata it contains available to anyone who can reach it. You decide what is captured, what is published, and to whom a code or link is distributed.

Where a certificate is public, treat its code or link as capable of reaching anyone. It is not a secret, and it is not access control: anyone who holds it can open the certificate, and can copy, download or forward what they see. Only treat a sharing mechanism as restricted where Delphi describes that specific workflow as private.

Before publishing you are responsible for holding the rights and permissions needed to capture and disclose the material — including any permission required to photograph a property, asset or location, and the rights of anyone identifiable in it.

When choosing a location privacy level, consider what the certificate needs to prove rather than what it can disclose. Reducing published precision does not weaken verification.

You retain ownership of the media and other content you supply. Delphi Verify claims no ownership of it.

You grant us the licence we need to operate the service for you: to host, store, copy, transmit, process and analyse your content, generate previews and derived representations, make certificates available to the people you authorise, perform verification, and retain the integrity and audit information the service depends on.

That licence is limited to providing, securing, supporting and improving the contracted service. It does not permit us to use your content for unrelated commercial purposes, and it ends when the content is deleted, save where retention is required for the integrity, audit or legal purposes described in sections 08 and 13.

You are responsible for having the rights necessary to grant that licence.

When an evidence record is sealed, a cryptographic commitment is published to the Ethereum Attestation Service on Base mainnet. That record is public and permanent.

The commitment is a hash. It does not contain, and cannot be reversed to reveal, your media, location or personal data.

This has a consequence you should understand before publishing: deleting a certificate from Delphi Verify removes the media and certificate data we hold, but does not delete or alter the attestation already recorded on the public blockchain. We do not control that record and cannot revise or withdraw it.

Public blockchain infrastructure is operated independently of Delphi Verify. We do not control its availability, cost or continued operation.

You must not:

• —use the service for any unlawful purpose
• —use it to commit fraud, or to create evidence intended to mislead
• —circumvent, manipulate or interfere with capture controls, device or application attestation, reproduction screening, or any other verification control
• —capture material you have no lawful right to capture, or photograph where photography is prohibited
• —infringe anyone's privacy rights
• —infringe copyright or other intellectual property rights
• —harass, stalk, surveil or endanger any person
• —upload or publish unlawful, abusive or harmful content
• —attempt to gain unauthorised access to the service, to any account, or to any system or data
• —introduce malware or other harmful code
• —reverse engineer or decompile the service, or conduct security testing against it, except as permitted by applicable law or under our published vulnerability disclosure process
• —interfere with, overload or degrade the service or the infrastructure it runs on
• —misrepresent what a Delphi verification result means, or present a certificate as establishing something set out in section 05 as not established

The final prohibition matters as much as the others. Presenting 'Delphi verified' as covering something Delphi does not verify damages the reliability of every other certificate.

Account details must be accurate and kept up to date. Email and password accounts must complete email verification before use.

You are responsible for activity under your account and for keeping your credentials secure. Do not share an account except where the product provides for shared access. Tell us promptly if you believe your credentials or account have been compromised.

Where an account belongs to an organisation, that organisation's administrators may manage it — including configuring it, accessing records created under it, and removing the user's access. Evidence created for an organisation belongs to that organisation's arrangements with us, not to the individual user's personal account.

We may suspend an account where necessary for security, to address misuse, or to comply with a legal obligation. Section 13 sets out how suspension and termination work.

Our handling of personal information is governed by the Privacy Policy, and — where your organisation has one in place with us — by the applicable data processing agreement.

Terms used in both documents carry the same meaning: evidence data, location, public and private certificates, deletion, and blockchain commitments.

We aim to keep the service available, but we do not guarantee uninterrupted operation. Service levels for enterprise customers are set by agreement.

Parts of the service depend on third-party infrastructure and networks — cloud hosting, identity providers, mobile platform services and public blockchain infrastructure among them. Those services can change or be interrupted in ways outside our control, and we are not responsible for interruptions attributable solely to them. This does not exclude responsibility for our own failure to take reasonable care in selecting, configuring or operating them.

Where the original media and the other data required for verification have been retained, their integrity can be checked against the public attestation without relying on Delphi's verification conclusion. A blockchain attestation alone does not reconstruct evidence: verification requires the media, metadata and other committed inputs as well.

You may stop using the service at any time, and may close your account. Where evidence was created under an organisation's account, closing your individual access does not remove that organisation's records.

We may suspend or restrict access where you have breached these Terms, where we reasonably suspect fraud or unlawful use, where there is a security risk, where we are required to do so by law, or for non-payment where fees apply. Except where the risk or a legal obligation requires immediate action, we will give notice and, where the breach can be put right, a reasonable opportunity to do so.

Business users: we may also terminate for convenience on reasonable written notice, or as set out in any separate agreement.

Consumers: we will not terminate your access arbitrarily. We will act only on the grounds set out above, will tell you why, and your statutory rights are unaffected.

After termination, access to certificates and evidence held in the account ends, subject to any retention agreed with an organisation. Deletion follows the Privacy Policy. Blockchain attestations already published remain, as described in section 08.

Delphi Verify owns the platform, applications, software, APIs, documentation, brand and trade marks. You receive a limited, non-exclusive, non-transferable right to use the service in accordance with these Terms.

You own your content, as set out in section 07. Nothing in these Terms transfers ownership of it to us, or of our intellectual property to you.

You must not copy, redistribute, sublicense, reverse engineer or create derivative works from the service, except to the extent applicable law expressly permits despite this restriction.

If you believe material published through Delphi Verify infringes your rights or is unlawful, contact us at contact@delphiverify.com. Tell us where the material is — the certificate code or link — what the problem is, and how to reach you. We will review reports and may remove material or suspend accounts under sections 09 and 13.

To report a security vulnerability, use the disclosure route on our trust page rather than this address.

Reviewer note — this section requires completion or confirmation before publication.

For counsel. The service is provided on the basis described in these Terms; the scope of any express warranty, and which implied warranties can properly be excluded, needs to be settled separately for the two audiences below.

Business users: the intended position is that the service is provided without implied warranties to the extent permitted by law, save for the accuracy commitments made in sections 04 and 05, which are the product's proposition and should not be disclaimed away.

Consumers: statutory rights cannot be excluded. Under UK consumer law a service must be performed with reasonable care and skill and must conform to what was promised about it, and a blanket disclaimer of those obligations would be unenforceable as well as inaccurate.

Reviewer note — this section requires completion or confirmation before publication.

For counsel. This section must be drafted with separate treatment for business and consumer users, rather than as a single broad exclusion. The previously published Terms attempted to exclude almost every category of damage, which is neither enforceable against consumers nor appropriate to Delphi's positioning.

Business users — to be settled: which categories of indirect and consequential loss are excluded; the aggregate liability cap and how it is measured; carve-outs from that cap; a customer indemnity covering unlawful or customer-controlled content and third-party infringement claims; and whether privacy and security obligations warrant a separate, higher cap.

Consumers — to be settled: the statutory carve-outs required by applicable consumer law, including liability for death or personal injury caused by negligence and for fraud, which cannot be excluded. UK guidance specifically warns against contractual rights weighted significantly in favour of the business.

Applying to both: liability should not be excluded for matters within Delphi's control, and the drafting should not undercut the accuracy commitments in section 04.

Reviewer note — this section requires completion or confirmation before publication.

We may update these Terms. When we do, we will post the updated version with a revised date, and where a change is material we will notify affected users by a reasonable means.

Material changes apply from the date they take effect, not retrospectively. Continued use after that date indicates acceptance; if you do not accept a material change, you may stop using the service and close your account.

Your statutory rights are unaffected, and this section does not permit us to change a separately negotiated agreement.

For counsel. Delphi Verify Inc. is a Delaware corporation, which makes Delaware law the obvious candidate for the general and business-user position — but the choice should be made deliberately across three cases rather than applied uniformly, and the Portuguese governing law in the previously published Terms should not be carried over.

General and business users — to be settled: governing law, and whether disputes go to agreed courts or to arbitration.

Separate enterprise agreements: governed by whatever the relevant master services agreement specifies, which takes precedence under section 02.

Consumers — to be settled: confirmation that the mandatory consumer protections and jurisdiction of the user's country of residence are unaffected, which they are in most jurisdictions regardless of a choice-of-law clause.

Reviewer note — this section requires completion or confirmation before publication.

Delphi Verify Inc., 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808, United States.

General and legal enquiries: contact@delphiverify.com.