Terms of Service & Privacy Policy

TERMS OF SERVICE  & PRIVACY POLICY

The Delyte Platform governed by Delyte Delivery Apps, Inc. Terms of Service Were Last Updated on the 30nd of January 2020

This Terms of Service Agreement (“Terms of Service” or “Agreement”) applies to your access to, as well as use of, any mobile applications, features, widgets, website(s), related subdomains, software and/or other services (collectively, the “Delyte Platform”) owned or controlled by Delyte Delivery Apps, Inc. (“Delyte”, “Delytes” , “Delyte App”, “our”, “we” and “us”). These Terms of Service also apply when you interact with Delyte or the Delyte Platform in any way.  

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, DO NOT ACCESS, DOWNLOAD OR USE THE DELYTE PLATFORM. BY ACCESSING OR USING THE DELYTE DELIVERY APPS, INC. WEBSITE, VIEWING OR DOWNLOADING THE DELYTE MOBILE APPLICATION, BUYING OR USING OUR SERVICES, OR ENGAGING IN OTHER SERVICES FROM DELYTE OR THIRD-PARTIES WE WORK WITH, YOU EXPRESSLY AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE (“TERMS”).

These Terms of Service are subject to change without notice, and our Terms of Service may be updated from time to time at our sole discretion. All such modifications shall be effective immediately and without any other form of notice. You can view the most recent version of these terms at any time at this page and revision date will be on the top of the Terms of Service page.  

Each use by you of the Delyte Platform shall constitute and shall be deemed your unconditional acceptance of the most recent version of these Terms of Service. Please review regularly review our Terms of Service to stay informed of the terms that apply to your use of the Delyte Platform.

  1. INTRODUCTION.
    1. Delyte Delivery Apps, Inc. is the owner of the Delyte website, www.delyte.co, and operates directly or through third-parties. The Delyte App is available for download through various outlets. The Delyte Platform provides its Users (“Users” or “Members”), meaning anyone who accesses or uses the Delyte Platform in any manner or any purpose, a platform where users interact through asking questions, giving helpful answers, all while building up the community. Once you’ve downloaded the Delyte Platform, you are fully accepting every term and provision included in our Terms of Service. Again, please read these Terms of Service carefully as they govern our relationship with our Users and your use of the Delyte Platform. 
    2. The Delyte Platform is a mobile platform designed to make it easy and fast for Users to order and pay for products, and have them delivered. 
  2. ADDITIONAL TERMS.
    1. By accessing or using the Delyte Platform, you also consent to the information collection, disclosure, and use practices described in our Privacy Policy. Please review our Privacy Policy, which governs your use of the Delyte Platform, and which is accessible at http://www.delyte.co/termsofservice/ .
    2. Certain functions or features of the, like social media integrations and payment processing tools, utilize features of services provided by third parties (“Third Party Services”). These Third Party Service Providers may have their own terms of use and privacy policies that may contain agreements regarding your privacy and your usage of their tools.  The terms and policies in these agreements may differ from Delytes’ Terms of Service and Privacy Policy. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these Third Party Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any Third Party Services.
  3. INTENDED AUDIENCE, NO MINORS. 
    1. THE DELYTE PLATFORM IS INTENDED FOR USE BY ADULTS ONLY. YOU MUST BE 18-YEARS OF AGE OR OLDER (or 21 years of age in states that mandate the legal age to purchase tobacco and/or tobacco related products to be 21 or older) TO USE THE DELYTE PLATFORM. ANYONE UNDER THE AGE OF 18 (or 21 years of age in states that mandate the legal age to purchase tobacco and/or tobacco related products to be 21 or older) IS EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE DELYTE PLATFORM. We do not knowingly collect personal information of anyone under the age of 18 and do not intend that any materials contained on the Site are directed to or targeted towards children under the age of 13.
  4. INFORMATION OWNERSHIP & RIGHTS.
    1. Ownership of Information Generally.  Except for public domain materials, Delyte owns or has procured licenses to display the materials contained on the Delyte Platform. All content included on the Delyte Platform is and shall continue to be the property of Delyte or the companies or individuals from which the content is licensed and is protected under applicable copyright, patent, trademark and other proprietary rights. 
    2. Copyrights and Proprietary Rights. Unless otherwise indicated, Delyte and all content, materials, information, functionality and other displayed content on websites or mobile applications, as well as services performed, obtained or available on, or through Delyte, including, without limitation, the Delyte Delivery Apps, Inc. logo, and all designs, graphics, text, pictures, information, data, sound files, illustrations, images, software, and other files, (collectively, the “Materials”) are the proprietary property of Delyte or its licensors, vendors or others, and are protected by US and international copyright laws and other intellectual property rights laws.

 Delyte is not liable for any infringement of copyright arising out of materials posted on or transmitted through the Delyte Platform, or items advertised on the Delyte Platform, by end Users or any other third parties.

  1. Trademarks. Any and all other registered trademarks, service marks, trade names, trade dress, product names, and logos appearing on the site are used for reference purposes only, and remain the property of their respective owners, including, in some instances, Delyte. Any rights not expressly granted herein are reserved.

Delyte Delivery Apps, Inc., www.delyte.co, the Delyte mobile applications and other Delyte App designs, graphics, images, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Delyte or its suppliers, vendors, third-parties in the US and other countries. Under no circumstances may these be copied, imitated, or used in whole, or in part, without the prior written consent of Delyte Delivery Apps, Inc. This includes the use of metatags or other “hidden text” utilizing any trademark or product of service name of the Delyte Platform.

  1. Digital Millennium Copyright Act. Delyte respects the intellectual property of others and expects Users of the Delyte Platform to do the same. If you believe the copyright in your work has been violated through the Delyte Platform, please contact the Copyright Agent for Delyte using the contact information provided at the bottom of these Terms of Service with the information listed below pursuant to the Digital Millennium Copyright Act of 1998 (DMCA), which Delyte may then forward to the alleged infringer:
    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. A description of the copyrighted work that you claim has been infringed;
    3. A description of where the material you claim is infringing is located on the Delyte Platform;
    4. Your address, telephone number, and e-mail address;
    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright holder, its agent, or the law; and
    6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

If you are submitting your request via e-mail the subject line should be “DMCA COMPLAINT.”  Upon receiving your complaint, Delyte may remove content that you believe infringes your copyright.

  1. Limited License to Use.  Any copying, redistribution, use, or publication by any such content or any part of the Delyte Platform is prohibited, except as expressly permitted in this Agreement or otherwise through express written consent of Delyte. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Delyte Platform.
  2. Except as otherwise provided, subject to your compliance with all of the terms and conditions of these Terms of Service, and in consideration of your promises to follow these Terms of Service (and with respect to any Delyte Platform services requiring payment of fees, and your payment of such fees), we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (1) access and use the Delyte Platform, (2) cause the Materials to be displayed from a computer and/or mobile device and (3) use the Materials, solely as permitted under these Terms (the “License”). 
  3. You agree that these Terms of Service don’t grant you any rights or licenses to the Delyte Platform or the Materials, except for this express, Limited License. 
  4. Furthermore, you agree to not copy, transmit, distribute, resell, sell, license, de-compile, reverse engineer, disassemble, publish, modify, or participate in the transfer, or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Materials or any other part of the Delyte Platform or any derivative works thereof, in whole, or in part, for commercial or non-commercial purposes. 
  5. Without limiting the foregoing, you agree not to frame or display the Delyte Platform or Materials (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. 
  6. This limited License granted under this section will automatically terminate if we suspend or terminate your access to the Delyte Platform. Delyte reserves the right to terminate the limited rights granted under this section at any time, without notice, at its sole discretion.
  7. Reservation of Rights. The Delyte Platform and its licensors, contractors, vendors and others reserve all rights not expressly granted to you in these Terms of Service. 
  8. SITE USE, DISCLAIMERS
    1.  VISITORS WHO USE THE DELYTE PLATFORM AND RELY ON ANY INFORMATION THEREIN DO SO AT THEIR OWN RISK. THE INFORMATION ON THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. Delyte AND ANY ATTACHED MATERIALS OR OTHER OPT-INS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Delyte DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT THAT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
    2.  Informational Purposes Only. The information on the Delyte Platform is intended solely for informational purposes and may not be used as a substitute for professional advice and assistance because circumstances vary from person to person. Do not act or rely upon this information without seeking professional advice. Do not attempt any of the suggested actions, solutions, remedies, or instructions found on this website without first consulting with a qualified professional. Nothing is intended to be nor does it constitute actionable professional advice. Transmission of this information is not intended to create a professional-client relationship between the Delyte Platform and you.
    3.  No Warranties Regarding Functioning. The Delyte Platform makes no warranty or claim that functions available on the Delyte Platform will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the content itself is or will be free of viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for accurate data input and output, and for the security of yourself and the device used by you to view any content from this website.
    4. Disclaimer of Claims.  By using the Delyte Platform, you hereby forfeit any and all claims, past, present, and future, against the owners, editors, contributors, administrators, and other staff of the Delyte Platform. 
  9. PERSONAL SAFETY, ASSUMPTION OF RISK. 

DELYTE IS NOT RESPONSIBLE FOR YOUR PERSONAL SAFETY. YOU, AND YOU ALONE, ASSUME ALL RISKS THAT MAY ARISE FROM USING THE DELYTE PLATFORM. YOU MUST TAKE STEPS TO ENSURE YOUR PERSONAL SAFETY AND YOU MAY NOT RELY ON ANY REPRESENTATION HEREIN, IN THE DELYTE PLATFORM, AT WWW.DELYTE.CO, IN THE MOBILE APP, OR IN ANY OTHER COMMUNICATION FROM US OR OTHERS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING A MOBILE OR WEB APPLICATION, AND INTERACTING WITH OTHERS IN PERSON, BY PHONE OR ONLINE. 

  1. LINKS, ADVERTISEMENTS, AND AFFILIATES.
    1.  Links & Advertisements. Delyte may provide links and advertisements to other websites that are not under the control of Delyte. Delyte makes no claim or warranty as to any information, products, or services provided by other websites or companies listed or linked to the Delyte Platform.
    2.  Affiliate Sites.  Delyte may receive fees or commissions from third parties that are linked to or advertised on its site.  The Company does not control nor does it make any claim or warranty as to any product or service purchased through third party sites.  
  2. REQUIREMENTS & RESTRICTIONS OF USE OF THE DELYTE PLATFORM.
    1. General Requirements & Restrictions. By using the Delyte Platform, you agree to comply with all applicable laws regarding your use of Delyte. You further agree that the information provided by you is truthful and accurate to the best of your knowledge. You further agree to comply with the following requirements and restrictions and any other such requirements or restrictions that are posted on the Delyte Platform:
      1. In the event Delyte disables a User’s account, that User shall not attempt to create another account, except with the express written permission of Delyte.
      2. Convicted sex offenders are not permitted to use the Delyte Platform.
      3. Users must provide accurate and up to date contact information, especially emails and phone numbers, shall be accurate and up-to-date.
      4. Users must use their real name and information when creating an account.
      5. Users may not share passwords, let any other individual access their account, or take any other action that might jeopardize the security of their Delyte Platform account.
      6. Users may terminate their account or stop using the Delyte Platform at anytime.
      7. Users may not upload of viruses or other malicious code.
      8. Solicitation of another individual’s login information individual is not permitted.
      9. Accessing an account belonging to another individual is not permitted.
      10. Users shall not violate our Terms of Service, and Users shall not facilitate or encourage violations of our Terms of Service.
      11. Users shall not utilize the Delyte Platform to send advertising or promotional messages, request samples, offer loans, solicit donations or any form of spam. 
      12. Users may not engage in bullying, intimidation, or harassment of any kind. 
      13. Users are prohibited from posting content that is hateful, threatening, sexual or pornographic, illegal, or incites or encourages violence.
      14. Fees and purchases are due immediately
  3. RELATIONSHIP AND INTERACTIONS BETWEEN AND AMONG DELYTE AND USERS
    1. Independent Contractors. Nothing contained in these Terms of Service or your use of the Delyte Platform shall be construed to constitute either party as a partner, joint venture, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
    2. Delyte Does Not Sell Goods. The Delyte Platform is a User-initiated platform for individuals to ask questions, give answers, and interact with one another. Any and all agreements made for the exchange or purchase of goods are made directly between Users.
      1. Legitimacy, Authenticity, And Suitability. It is the sole responsibility of the User to verify the legitimacy of any other User they may communicate with on the Delyte Platform.

Article X.         DISPUTE RESOLUTION.

  1.  Notice; Informal Dispute Resolution. Users agree to notify Delyte of any arbitrable or other dispute within thirty-days (30) of the date it arises so that the parties can attempt, in good faith, to resolve the dispute. Notice to Delyte Delivery Apps, Inc. shall be sent by electronic mail to info@delyte.co. Your notice must include (1) your name, postal address, telephone number, the email address you use or used for your Delyte account, and, if different, an email address at which you can be contacted, (2) a description, in reasonable detail, of the nature or basis of the dispute, and (3) what solution you’re proposing. 
  2.  Arbitration.  ARBITRATION AND CLASS ACTION WAIVER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BEFORE USING THE Delyte PLATFORM, WE REQUIRE THAT YOU ACCEPT THAT ARBITRATION IS MANDATORY FOR ANY DISPUTE AND YOU WAIVE YOUR RIGHT TO INITIATE, BRING OR TAKE PART IN A CLASS ACTION LAWSUIT AGAINST Delyte, ANY DIRECTORS, EMPLOYEES, AFFILIATES, SUB-CONTRACTORS, CONSULTANTS, THIRD-PARTIES AND OTHERS COVERED BY THIS TERMS OF SERVICE.
  3. THIS PROVISION, AND OTHERS, GREATLY AFFECT AND SPECIFICALLY LIMIT YOUR RIGHTS REGARDING THE RESOLUTION OF ANY DISPUTE(S) WITH Delyte Delivery APPS, INC., ANY DIRECTORS, EMPLOYEES, AFFILIATES, SUB-CONTRACTORS, CONSULTANTS, THIRD-PARTIES AND OTHERS COVERED BY THIS TERMS OF SERVICE.
  4.  Federal Arbitration Act.  All disputes will be resolved by arbitration. Users agree that these Terms of Service may affect interstate commerce and that the enforceability shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
  5. Authority Of The Arbitrator.  Other than as limited by the FAA, these Terms of Service and the applicable laws, the arbitrator will have: (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a dispute, including the determination of whether a Dispute is arbitrable; and (2) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator doesn’t have the authority to conduct a class arbitration or a representative action, which are prohibited by these Terms of Service. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
  6. TERMINATION, SUSPENSION, DISCONTINUANCE.
    1. Termination or Suspension. Without limiting its other remedies, Delyte may terminate this Agreement at any time in its sole discretion. Delyte may immediately discontinue, suspend, terminate, or block your and any User’s access to the Delyte Platform at any time, without notice, in its sole discretion. Delyte may further, at its sole discretion, terminate, suspend, restrict or otherwise refuse a new User account. Without limiting the foregoing, we may revoke or terminate your ability to use the Delyte Platform if you: (1) breach any obligation in these Terms of Service; (2) violate any policy or guideline or misuse a feature from the Delyte Platform; and/or (3) use the Delyte Platform in a manner other than has been described in these Terms of Service. Delyte also reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against a User that continues to use the Delyte Platform during suspension or after termination. Delyte may also recover its reasonable attorneys’ fees and court costs from you in the event of such action.
    2. Service Discontinuance. Delyte, in its sole discretion and without liability to you, may modify, restrict, discontinue, terminate, suspend or shut-down (temporarily or permanently) all or any portion of the Delyte Platform at any time, without prior notice.
  7. MISCELLANEOUS 
    1.  Mobile Applications. While access to our mobile applications (Apps) are provided free of charge, mobile carrier rates and fees, such as text messaging and data charges may apply.
    2.  Jurisdiction. You agree that any claim or dispute (“Claim”) arising out of, or related to, the use of the Delyte Platform, these Terms of Service, or any other Claim between Delyte and the User shall be exclusively governed by Florida (“FL”) law, regardless of your location, as well as any conflict or choice of law principle, and Arbitration will be held in FL. However, we may seek injunctive relief or any other remedy anywhere, based on your behavior, actions, comments or conduct.
    3.  Severability. If any term, clause or provision of our Terms of Service is held invalid or unenforceable, it will be held to the minimum extent required by law, and all other terms, clauses and provisions of these Terms of Service will remain valid and enforceable.  
    4.  Waiver.  The failure of Delyte to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision or the Terms of Service as a whole.
    5.  Entire Agreement. These Terms of Service constitute the entire agreement between you and Delyte and governs the terms and conditions of your use of the Delyte Platform, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Delyte with respect to the Delyte Platform. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Delyte Platform. Delyte may revise these Terms of Service at any time by posting a revised version on the Delyte Platform. Accordingly, you should visit the Delyte Platform and review these Terms of Service periodically to determine if any changes have been made. Your continued use of the Delyte Platform after any changes to the Terms of Service have been made signifies and confirms your acceptance of any such changes or amendments to the Terms of Service.
  8. LIMITATION OF LIABILITY.  
    1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DELYTE PLATFORM OR SERVICE PROVIDERS TO THE DELYTE PLATFORM, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH:
      1. USE OF THE DELYTE PLATFORM OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN ANY OF THE DELYTE PLATFORM SERVICE OR MATERIALS;
      2. ANY INABILITY TO USE THE DELYTE PLATFORM OR MATERIALS FOR WHATEVER REASON; OR
      3. ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE Delyte PLATFORM.
    2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DELYTE PLATFORM OR SERVICE PROVIDERS TO THE DELYTE PLATFORM, BE LIABLE FOR THE DAMAGES LISTED ABOVE, EVEN IF THE DELYTE PLATFORM OR THE DELYTE DELIVERY PLATFORM PROVIDERS ARE ADVISED OF THE POSSIBILITY OF DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY, OR RESULTING FROM:
      1. RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE Delyte PLATFORM OR A DELYTE PLATFORM PROVIDER; OR 
      2. EVENTS BEYOND DELYTES’ PLATFORM OR THE DELYTES’ PLATFORM PROVIDERS REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE DELYTE PLATFORM RECORDS, PROGRAMS OR SERVICES.
      3. DELYTE DELIVERY VEHICLES
    3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Delyte PLATFORM OR THE Delyte PLATFORM PROVIDERS (JOINTLY), ARISING OUT OF, OR RELATING TO, THE USE OF, OR INABILITY TO, USE OF THE DELYTE PLATFORM OR OTHERWISE RELATING TO THESE TERMS EXCEED THE GREATER OF (1) ANY COMPENSATION YOU PAY, IF ANY, TO DELYTE FOR ACCESS TO OR USE OF THE Delyte PLATFORM OR MATERIALS DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (2) $100 U.S. DOLLARS.
  1. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE DELYTE PLATFORM OR THE DELYTE PLATFORM PROVIDERS’ GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT OR FRAUD.
  2. INDEMNIFICATION. 
    1. You agree to hold harmless, defend and indemnify Delyte Delivery Apps, Inc., as well as any Delyte Platform providers, directors, employees, affiliates, sub-contractors, consultants, third-parties and others covered by these Terms of Service, from all liabilities, losses, damages, deficiencies, claims, causes of action, demands and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of the Delyte Platform and/or violation of the Terms of Service, including, without limitation, any actual or threatened suit, demand or claim made against the Delyte Platform or any Delyte Platform provider that arises out of, or relates to: (1) any intellectual property rights or other proprietary rights of any third party, (2) your breach of these Terms of Service including, without limitation, your breach of any of your representations and warranties; (3) your use of any of the Delyte Platform; or (4) any content that you store on or transmit through the Delyte Platform. Delyte may assume exclusive control of any defense or of any matter subject to indemnification by you, and you agree to cooperate with Delyte in such event.
  1. HOW TO CONTACT US. 

If you would like to ask any questions about our Terms of Service, provide feedback on our Terms of Service, or contact Delyte Delivery Apps, Inc. in connection with a DMCA Take-Down Notice you may contact us at:

    Delyte Delivery Apps, Inc.

             3725 W Flagler Street #169

             Miami, Fl. 3313

                      or

             +1 (786)-322-0159

                      or

             info@delyte.co