Terms of Service

Last updated: May 26, 2026

Welcome to Dela. These Terms of Service ("Terms") govern your access to and use of the Dela mobile application ("App") and related services provided by Dela Health ("we," "our," or "us"). By creating an account or using the App, you agree to be bound by these Terms.

These Terms include important medical disclaimers, warranty disclaimers, limits of liability, an arbitration agreement with a class-action waiver (with a 30-day opt-out — see Section 14), and user responsibilities. Please read them carefully. If you do not agree to these Terms, do not use Dela.

1. Eligibility

You must be at least 13 years of age to use Dela, or older if your jurisdiction requires a higher minimum age (for example, 16 in some EEA member states). If you are between 13 and the age of majority in your jurisdiction, you represent that you have your parent or guardian's consent to use the App. By using the App, you represent and warrant that you meet these eligibility requirements and that you are not barred from using the App under applicable law.

2. Account Registration

You must provide accurate and complete information when creating an account.
You are responsible for maintaining the confidentiality of your login credentials.
You are responsible for all activities that occur under your account, whether or not authorized by you.
You agree to notify us immediately at privacy@delahealth.app of any unauthorized use of your account.
You may only have one account at a time. You may not transfer your account to anyone else.

3. Medical Disclaimer

Dela is not a medical device, does not provide medical advice, and is not approved or intended for use as contraception, fertility treatment, pregnancy monitoring, emergency care, or clinical decision support.

The App provides health tracking and educational information for general wellness purposes only.
Cycle predictions, fertile-window estimates, ovulation guesses, symptom insights, and wellness suggestions are statistical estimates based on the data you enter and on general patterns. They are not personalized medical advice and can be wrong.
Dela does not diagnose, treat, cure, prevent, or monitor any disease or medical condition.
Dela is not a substitute for professional medical advice, diagnosis, or treatment.
Do not use Dela as a method of contraception or pregnancy prevention. Even when used carefully, fertility-awareness based methods can fail. Talk to a qualified healthcare provider about contraception.
Always consult a qualified healthcare provider for medical concerns, including but not limited to fertility planning, contraception, pregnancy, and menstrual irregularities.
Do not disregard or delay seeking professional medical advice because of information provided by the App.
If you think you may have a medical emergency, contact emergency services or a qualified healthcare provider immediately.
Dela has not been reviewed or cleared by the U.S. Food and Drug Administration, the European Medicines Agency, or any other regulatory body as a medical device.

4. User Responsibilities

When using Dela, you agree to:

Provide accurate health data for the best experience (inaccurate data leads to inaccurate predictions).
Use the App in compliance with all applicable laws and regulations.
Not attempt to reverse-engineer, decompile, or disassemble the App, except to the extent expressly permitted by applicable law.
Not use automated systems, bots, or scrapers to access the App.
Not interfere with or disrupt the App's infrastructure, including by attempting to gain unauthorized access, probing for vulnerabilities, or sending malicious payloads.
Not impersonate another person or entity.
Keep your account credentials secure and not share them with anyone else.
Use your own judgment and seek professional medical support before acting on health-related information.
Review and maintain your privacy, notification, and account settings.
Not use the App in a manner that violates U.S. export control laws or any applicable economic sanctions, or while located in a country subject to a comprehensive U.S. embargo.

4.1 Privacy and Data

Your use of Dela is also governed by our Privacy Policy. By using health, cycle, fertility, pregnancy, symptom, community, analytics, notification, or sync features, you understand that the information you choose to provide may be processed as described in the Privacy Policy and in any consent screens shown in the App.

You are responsible for deciding what information to enter, post, export, or share. Deleting your account or data may not immediately remove copies from backups, legal records, security logs, or information already made public through community features, as described in the Privacy Policy.

5. Community Guidelines

If you use Dela's community features, you agree to the following:

Be respectful: Treat other community members with kindness and empathy.
No harassment: Do not bully, harass, threaten, or intimidate other users.
No hate speech: Content that promotes discrimination based on race, ethnicity, gender, sexual orientation, religion, disability, or any other characteristic is prohibited.
No medical advice: Do not present personal opinions as medical facts or provide medical diagnoses to other users.
No spam or promotion: Do not use community features for advertising, spam, or commercial solicitation.
No explicit content: Do not share sexually explicit images or content.
Protect privacy: Do not share other users' personal information without their consent. Do not screenshot or re-share private community content outside Dela.
No illegal activity: Do not use community features to coordinate or facilitate illegal activity.

We reserve the right to remove content and suspend accounts that violate these guidelines.

6. Intellectual Property

All content, features, and functionality of the App, including but not limited to text, graphics, logos, icons, images, and software, are owned by Dela Health or its licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, for your own personal, non-commercial use. You may not reproduce, distribute, modify, or create derivative works from any part of the App without our prior written consent.

7. User-Generated Content

By posting content through community features, you:

Retain ownership of your content.
Grant Dela Health a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, and distribute your content solely for the purpose of operating, providing, and improving the Services, and only within the App's community features (or as you otherwise direct).
Represent that your content does not infringe any third-party rights and does not violate applicable law.
Acknowledge that we may remove content that violates these Terms or our Community Guidelines.

If you believe content on the App infringes your copyright, please send a DMCA notice (or your jurisdiction's equivalent) including the elements required under 17 U.S.C. § 512(c)(3) to legal@delahealth.app.

8. Account Termination

By you: You may delete your account at any time through Settings > Account. Upon deletion, your personal and health data will be deleted in accordance with our Privacy Policy (Section 7 of the Privacy Policy).
By us: We reserve the right to suspend or terminate your account if you violate these Terms, engage in harmful behavior, or if continued service would create an unacceptable legal, safety, or security risk. We will provide notice when reasonably possible and where not prohibited by law. Sections 3 (Medical Disclaimer), 7 (User-Generated Content), 9 (Service Availability), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 14 (Dispute Resolution), and any other provisions that by their nature should survive termination will survive termination of your account.

9. Service Availability and Changes

We strive to keep Dela available at all times, but we do not guarantee uninterrupted access. The App may be temporarily unavailable due to maintenance, updates, third-party outages, or circumstances beyond our control. We are not liable for any loss resulting from service interruptions. We may modify, suspend, or discontinue any feature of the App at any time. If a discontinuation materially reduces the functionality you rely on, we will use reasonable efforts to provide notice and an export option for your data.

10. Disclaimer of Warranties

To the maximum extent permitted by applicable law, Dela is provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. We do not warrant that the App will be error-free, secure, uninterrupted, accurate, reliable, free from harmful components, or that defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

Dela Health and its officers, directors, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profits, loss of data, loss of goodwill, business interruption, or substitute services — arising out of or related to your use of (or inability to use) the App, even if we have been advised of the possibility of such damages.
Our aggregate liability for any and all claims arising from or related to the App will not exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).
The limitations in this Section apply regardless of the legal theory on which the claim is based (contract, tort, statute, or otherwise) and even if a limited remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law (for example, liability for fraud, gross negligence, or willful misconduct).

12. Indemnification

You agree to indemnify, defend, and hold harmless Dela Health and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising from (a) your use or misuse of the App, (b) your violation of these Terms, (c) content you submit, post, or otherwise make available through the App, or (d) your violation of any third-party right (including any intellectual-property or privacy right). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

13. Governing Law and Venue

These Terms and any dispute arising out of or related to them or the App are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Except for disputes resolved through arbitration under Section 14, you and Dela agree that the state and federal courts located in Wilmington, Delaware will have exclusive jurisdiction and venue over any non-arbitrable dispute, and you waive any objection to that venue. Nothing in this Section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction to protect intellectual-property rights or confidential information.

If you are a consumer located outside the United States, mandatory consumer protection laws of your country of residence may apply notwithstanding the above.

14. Dispute Resolution — Arbitration Agreement and Class-Action Waiver

Important — this section affects your legal rights. Please read carefully.

14.1 Informal resolution first. Before filing a claim, you and Dela agree to try to resolve any dispute informally for at least 60 days. You can start by emailing legal@delahealth.app with a description of the dispute and the relief you seek.

14.2 Binding arbitration. If informal resolution does not succeed, any dispute, claim, or controversy arising out of or relating to these Terms or the App that is not resolved informally will be resolved by binding individual arbitration administered by JAMS under its applicable Streamlined Arbitration Rules and Procedures, except as modified here. The arbitration will be conducted in English, in Wilmington, Delaware (or by video conference if the arbitrator agrees). The arbitrator's decision will be final and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class-action waiver. You and Dela agree that disputes will be resolved only on an individual basis. Neither you nor Dela may bring claims as a plaintiff or class member in any purported class or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

14.4 Carve-outs. Nothing in this Section prevents either party from (a) bringing an individual claim in a small-claims court if it qualifies, or (b) seeking injunctive or equitable relief in court for intellectual-property infringement or unauthorized access to the App. Neither party waives the right to participate in a government-agency proceeding.

14.5 30-day opt-out. You may opt out of this arbitration agreement and class-action waiver by emailing legal@delahealth.app within 30 days of first accepting these Terms (or within 30 days of any future material change to this Section) with the subject line "ARBITRATION OPT-OUT" and your account email. Opting out will not affect any other part of these Terms.

14.6 Severability. If the class-action waiver in Section 14.3 is found unenforceable, then the entirety of this Section 14 will be null and void, but the rest of these Terms will remain in effect.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting a notice in the App and, where you have given us an email address, by email at least 30 days before the changes take effect. Your continued use of the App after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the changes, you may stop using the App and delete your account before the effective date.

16. Notice for App-Store Users (Apple)

If you obtained the App through the Apple App Store, you acknowledge that these Terms are between you and Dela, not Apple, and that Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. Apple is a third-party beneficiary of these Terms and will have the right to enforce them against you. You represent that you are not located in a country subject to a U.S. government embargo and are not listed on any U.S. government list of prohibited or restricted parties.

17. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any in-app consent screens, are the entire agreement between you and Dela.
Severability. If any provision is held unenforceable, the remaining provisions will continue in effect.
No waiver. Our failure to enforce any provision is not a waiver of that provision.
Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure. Neither party is liable for delays or failures caused by circumstances beyond reasonable control.
Notices. We may give you notice through the App or by email. You may give us notice at legal@delahealth.app.

18. Contact

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

General privacy questions: privacy@delahealth.app
Legal notices, DMCA, arbitration opt-out: legal@delahealth.app