Last updated: September 2026

Delightex Nova – Terms of Use

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Welcome to Delightex Nova! These Terms of Use ("Terms") govern your access to and use of the Delightex Nova online platform (the "Service"), provided by DelighteX GmbH, Christoph-Rapparini-Bogen 25, 80639 Munich, Germany ("Delightex", "we", or "us"). By creating an account, you accept these Terms. A user agreement for the Service (including the Basic Subscription or the Pro Subscription)is only concluded when you complete the subscription process set out in Section 4. If you do not agree to these Terms, please do not create an account or use the Service.

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1 Eligibility & Parental Consent

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If you are 18 or older and have full legal capacity, you may register and enter into the contract for the Service yourself. If you are under 18 and over 13, you may register and use the Service only with the prior consent of your parent or legal guardian, who must review and agree to these Terms. We may take reasonable steps to verify age and parental consent and may restrict or suspend accounts where valid consent has not been obtained.

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2 Service Description

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The Service is an open, globally accessible online tool that enables easy creation and sharing of 3D worlds and simulations, which can be intuitively designed, animated, and programmed. A detailed description of the current Service can be found in https://www.delightex.com/nova/help-center. You can download a screenshot of the current description under the following link: https://cdn.edu.delightex.com/site/assets/pdf/Delightex_Nova_Service_Description_1.pdf.

As part of the Service, Delightex Nova offers "Generative AI Features". This means the generative artificial intelligence functionality provided as part of the Service, including without limitation the generation of code, virtual worlds, environments, characters, 3D assets, textures, narratives, dialogues, animations, and other digital content ("AI Output") from your inputs ("Input") and any related AI-driven tooling we make available.

The Generative AI Features generate AI Output automatically and on a probabilistic basis. You are responsible for reviewing and evaluating AI Output before relying on it, publishing it, sharing it, or otherwise acting on it, and must not treat AI Output as the sole basis for any decision with legal, financial, medical, safety-related, or comparably significant consequences. We do not assure any accuracy, completeness, currency, reliability, or fitness for a particular purpose of AI Output, and we give no guarantee as to its characteristics, unless we expressly state otherwise in text form.

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3 Registration and Technical Requirements

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To use the Service, you must first register for the Delightex Nova online platform by creating an account. By submitting the registration, you make an offer to create an account, which we accept by confirming your registration. Creating an account does not conclude a user agreement for the Service; such an agreement is only concluded when you upgrade to the Pro Subscription in accordance with Section 4 of these Terms. During registration, you are obliged to provide complete and truthful information. Any changes must be updated by you without delay.

Using the Service requires appropriate hardware, such as a laptop/computer or a mobile device, as well as an internet connection.

You may be logged in on up to two devices simultaneously.

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4 Conclusion of contract & Subscriptions

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Every newly registered user automatically receives a free Trial (“Free Trial”) of the Pro Subscription (“Pro Subscription”) for 7 days. During or after the Trial, you may upgrade to a paid Pro Subscription (billed monthly, automatically renewed for the following month unless cancelled). Any remaining Free Trial days continue at no charge; the first payment falls due once the Free Trial expires. If no Pro Subscription is purchased, or if a Pro Subscription is cancelled, you will automatically be moved to the free Basic Subscription. You may cancel your Pro Subscription at any time before the start of the new subscription period – no notice period is required. By upgrading to the Pro Subscription, you make an offer to conclude a user agreement with us for the Service. We accept your offer by sending a confirmation email to the address you provided. There is no legal entitlement for us to accept your offer.

Before concluding the contract, you will have the opportunity to download these Terms as a PDF document. In addition, we store the Terms and will make them available to you at the e-mail address you provided. Delightex ensures that the service description provided at the specified time can be saved as a PDF and printed. The version published at the time of the respective contract conclusion is authoritative. Previous versions will be made available upon request, either in their current form or within the application itself. Upon the customer’s request, Delightex will provide the documents in paper form.

Delightex Nova offers the following subscriptions:

• A free-of-charge subscription (the "Basic Subscription") with limited features
• A paid monthly subscription (the "Pro Subscription")
• A 7-day free trial of the Pro Subscription (“Free Trial”), available once per user and assigned automatically upon registration

The remuneration for the Pro Subscription is based on the information provided within the Service.

The Pro Subscription is billed in advance. Unless cancelled before the end of the initial one-month subscription term, the contract will automatically renew for the following month. You can cancel your Pro Subscription at any time before the start of the new subscription period via your account settings; cancellation takes effect at the end of the current billing period with no notice period required. Delightex may also terminate the Pro Subscription by giving you one month’s notice in text form.

The right to extraordinary termination remains unaffected for both you and Delightex.

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5 Account Use

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Each account is personal and intended for individual use only. You may not share your login credentials or use someone else’s account. You shall keep your login credentials confidential and take appropriate measures to prevent third parties from becoming aware of them. If we have justified reason to suspect misuse of your login credentials – in particular where you have reported the misuse yourself – we are entitled to immediately and temporarily suspend your access to the Service and will inform you promptly in text form.

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6 Beta Features

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From time to time, Delightex may make available features that remain under active development and have not been made generally available as part of standard Service (“Beta Features”). Beta Features may be labelled “beta”, “preview”, “early access”, “experimental”, or similar. That designation reflects the genuine development status of feature, not merely a labelling choice. Access may be limited to invited users at Delightex’s discretion.

Beta Features are provided for evaluation purposes only and are not held to the same quality and performance standards as the standard Service. They may be incomplete, contain errors, or perform inconsistently, and are not subject to any service availability commitment. Delightex gives no warranty as to their fitness for any particular purpose or reliability. Nothing in this Section limits or excludes Delightex’s liability as set out in Section 17.

Delightex may modify, suspend, or withdraw any Beta Feature at any time. Beta Features are provided at no separate charge. Withdrawal or modification without advance notice does not give rise to any entitlement to compensation.

You should not rely on Beta Features for production or commercial use and are solely responsible for maintaining backups of any content created using them.

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7 Credit Terms

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Generative AI Features consume credits. "Credits" are the units consumed when you use Generative AI Features and may be expressed as credits, tokens, generations, or other units. Credits are of two kinds: Credits included in your subscription ("Subscription Credits"), and credits you purchase separately(“Purchased Credits”). Where an operation can be covered by either kind, it draws first on your included credits and, once these are exhausted, on your separately purchased credits.

We may set, vary, and change Subscription Credit allowances, usage limits, rate limits, and quotas – including by subscription, feature, and model – where this isnecessary or reasonable in light of (i) changes in underlying compute, licensing, orinfrastructure costs, (ii) the introduction or modification of models or features, (iii) regulatory, security, or safety requirements, or (iv) the operational stability of theService. A change is material where it substantially alters the balance between the Service provided and the fees paid, to the customer's detriment. Changes that do not adversely affect the core functionality or value of the Service – such as bug fixes, UI adjustments, or the addition of optional features – are not material. Material changes will be announced at least 30 days in advance via the user interface or by email; changes required for regulatory, security, or safety reasons may take effect immediately. Where a material change significantly impairs your use of the Service, you have a right of extraordinary termination (Sonderkündigungsrecht) effective on the date the change takes effect.

Subscription Credits reset at the beginning of each billing cycle. Unused Subscription Credits expire at the end of the billing cycle in which they are issued and do not roll over to any subsequent period.

Where offered, you may separately purchase additional credits ("PurchasedCredits"). Purchased Credits do not reset and do not expire at the end of a billing cycle. They remain valid until expiry of the statutory limitation period (§ 195 BGB), which begins at the end of the year in which they were purchased (§ 199(1) BGB). If the contract ends while Purchased Credits are still valid and unused, we will refund the portion of the purchase price attributable to the unused Purchased Credits.

Credits are consumed only on successful execution of an operation. If an operation fails due to a technical fault attributable to us, no Credits are deducted; any Credits already deducted will be re-credited automatically to the same Credit balance from which they were taken.

Credits are personal to your account and non-transferable. Credits are not money, have no cash value, and do not constitute electronic money within the meaning of the German Payment Services Supervision Act (ZAG). SubscriptionCredits cannot be exchanged, refunded, or redeemed for cash or other compensation. Purchased Credits cannot be exchanged or redeemed for cash or other compensation, except for the refund of unused Purchased Credits (see above). Mandatory statutory rights to a refund or reimbursement remain unaffected.

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8 Changes to the Service

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Delightex may from time to time update, modify, or discontinue features or functionality of the Service, including features available under a particular subscription plan.

Where Delightex intends to make a material change to the features included in the Pro Subscription or to the features accessible using Purchased Credits, Delightex will give you at least 30 days' advance notice by email or through the Service interface.

If a material change materially and negatively affects the features available under your Pro Subscription and you do not wish to continue on the amended basis, you may terminate your subscription with effect from the date the change takes effect and will receive a pro-rated refund of any subscription fees prepaid in respect of the period following termination. If such a material change materially and negatively affects the features accessible using your Purchased Credits, you may request a refund of the portion of your Purchased Credits purchase price attributable to your unused Purchased Credits.

Changes required for regulatory, security, or safety reasons may take effect without advance notice.

Changes to features available under the Basic Subscription may be made without advance notice.

The addition of new features, tools, or functionality – including where these are offered on a beta or preview basis – does not constitute a material adverse change for the purposes of this Section.

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9 Refund Policy / Right to Withdrawal

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You have a right of withdrawal against us, provided you act as a consumer. Details about the right of withdrawal and how to exercise it can be found in the withdrawal information in Annex 1.

However, your right of withdrawal expires in this case pursuant to Section 356 (5) of the German Civil Code (BGB) due to the conclusion of a contract between you and us for the Service – that is, the provision of digital content not supplied on atangible data carrier – if we have started performing the contract, meaning providing the Service, after you have explicitly agreed that we begin performance before the withdrawal period expires and have confirmed your awareness that by consenting to the start of performance, you lose your right of withdrawal.

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10 Platform Ownership and Licence

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Platform ownership

The Delightex Nova platform, including its underlying software, algorithms, interfaces, branding, trademarks, and content, is protected by copyright, trademark rights, and other intellectual property laws worldwide. All intellectual property rights in the Service are and remain the exclusive property of Delightex and its licensors. The licence granted to you in respect of the Service is set out in Section 11 of these Terms.

Nothing in these Terms confers on you any ownership rights in or to the Service or its content. All rights not expressly granted to you under Section 11 are reserved by Delightex and its licensors.

Licence Grant to User

Subject to your compliance with these Terms and, where applicable, payment of the applicable subscription fees, Delightex grants you a personal, non-exclusive,non-transferable, limited licence to access and use the Service during your active subscription period, solely for the purposes permitted by these Terms.

This licence includes the right to:

1. (a) access and use the features of the Service available under your subscription, as described on the Delightex website from time to time;
2. (b) create virtual worlds, simulations, and other digital projects using the Service's tools and any built-in assets, templates, and environments made available within the platform. Certain built-in assets, templates, or environments may incorporate third-party intellectual property in respect of which Delightex does not grant you any licence; you are solely responsible for obtaining any rights required for your intended use of such assets, as further described in Section 11.4; and
3. (c) share, publish, and – where such functionality is made available –export or download your User Content.

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11 User Content

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Retention of User Content

You retain all intellectual property rights in the content you create, upload, or submit to the Service, including the text, images, audio, and other materials you provide as inputs or import using any third-party content integration tools made available within the Service from time to time ("User Content"). This also includes any creation made with Delightex Nova.

Nothing in these Terms transfers ownership of your User Content to Delightex.

AI Output

Because AI Output is generated automatically and may not reflect a sufficient degree of human creative contribution, it may not qualify for protection under copyright or other intellectual property rights. We therefore cannot assure you that AI Output is protectable, that you can acquire or enforce exclusive rights in it, or that identical or similar AI Output will not be available to or generated for other users. Any rights you may hold in AI Output depend on your own creative contribution and on applicable law.

Your Responsibilities

You are solely responsible for your User Content. You represent and warrant to Delightex that:

1. (a) you own or have obtained all necessary rights, licences, consents, and permissions in respect of your User Content, and you have the right to grant the licences set out in these Terms;
2. (b) your User Content does not infringe any third party's intellectual property rights, personality rights, or other legal rights (“IP Rights”); and
3. (c) If you become aware that any User Content may infringe a third party's rights, you must remove or correct it promptly.

If a third party brings a claim against Delightex, its employees, or its agents based on an alleged infringement of IP Rights and such claim arises from User Content, you shall indemnify and hold harmless Delightex, its employees, and its agents from and against such third-party claims, provided that:

1. (a) the infringement of IP Rights was caused by User Content;
2. (b) you acted intentionally or negligently in introducing User Content into the Service; and
3. (c) the third-party claim is based on rights that are actually infringed by User Content (and not merely alleged to be infringed, except insofar as a court of competent jurisdiction finally determines that an infringement did occur).

You shall further reimburse Delightex for costs necessarily and reasonably incurred by Delightex in defending against such third-party claims, including necessary court fees and reasonable legal counsel fees proportionate to the subject matter and value of the claim.

Delightex shall notify you of any such third-party claim without undue delay, shall not acknowledge or settle such claim without your prior written consent (not to be unreasonably withheld), and shall take reasonable steps to mitigate the costs of defence.

Third-Party Content Integration

The Service may, from time to time, include tools that allow you to import or integrate content from third-party sources. Where such tools are made available:

1. (a) your use of any content imported through those tools is subject to the licence terms of the relevant third-party source, which may include restrictions on commercial use, modification, or redistribution;
2. (b) Delightex does not grant you any rights in third-party content and makes no representation as to its availability, accuracy, or suitability for your intended use; and
3. (c) you are solely responsible for ensuring that your use of any imported content complies with the applicable third-party licence terms and with applicable law.

Licence Grant to Delightex

By using the Service, you grant Delightex a non-exclusive, worldwide,royalty-free licence to use your User Content to the extent necessary to:

1. (a) provide the Service to you and, where you choose to share or publish your User Content, to other users and members of the public;
2. (b) operate, maintain, and improve the Service, including to ensure technical functionality, detect and fix errors, monitor Service performance, develop and test new features, carry out security, safety, and integrity measures, and analyse usage patterns and the content created by users; Delightex may also analyse the inputs submitted to the Generative AI Features ("Prompts") in anonymised form in order to understand how the Service isused and to improve its products and features; and
3. (c) comply with applicable legal obligations.

This licence subsists for so long as your User Content remains stored on the Service and terminates when your User Content is deleted in accordance with these Terms or your account is closed.

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12 Content Deletion and Account Termination

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Depending on your subscription, you may be able to make your User Content accessible to other users or publish it externally, including by sharing a link, embedding on a third-party website, or using other distribution methods made available within the Service from time to time.

Upon deletion of your account, all of your User Content stored within the Service will be deleted. Delightex will endeavour to complete deletion within a reasonable period following account closure. This does not apply to other user’s User Content that is based on your initial User Content (e.g., after remixing your creation).

Delightex reserves the right to delete or disable access to User Content that violates these Terms or applicable law, in accordance with Section 16 of these Terms.

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13 Privacy

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We take privacy seriously. Please refer to our separate Data Privacy Statement for details on how your personal information is collected, used, and protected.

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14 Service Availability

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Delightex makes the Service available with a technical availability of 98 % calculated as a monthly average. The reference point for measurement is the interface between Delightex's data centre infrastructure and the public internet.

The following periods of unavailability are not taken into account when calculating availability:

1. (a) planned maintenance and software updates, in respect of which Delightex has given you at least five (5) working days' advance notice in text form;
2. (b) unavailability caused by circumstances outside Delightex's reasonable control, including failures of general internet infrastructure, force majeure events, or attacks by third parties (including DDoS attacks), provided that Delightex has implemented protective measures that are reasonable and state of the art;
3. (c) unavailability of Generative AI Features resulting from failures, outages, or capacity restrictions of third-party AI providers or AI models integrated into the Service, provided that Delightex has taken reasonable precautionary measures, such as implementing fallback configurations or equivalent redundancy arrangements where technically and commercially practicable;
4. (d) unavailability attributable to your own actions or omissions, to third-party services integrated by you, or to infrastructure components outside Delightex's responsibility (including your internet connection or hardware).

Beta Features as defined in Section 6 of these Terms are not subject to any availability commitment under this section.

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15 Prohibited Use

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You agree not to use the Service, its features, or any content generated through it in a manner that violates applicable law or regulation, infringes the rights of third parties, or breaches these Terms (“Unlawful Content”). Without limiting the generality of the foregoing, you may not:

• upload, submit, publish, or share content that is unlawful under applicable law, including content that is defamatory, obscene, hateful, threatening, or constitutes an infringement of any third party's intellectual property, personality rights, or other legal rights;
• use the Service to engage in fraudulent, deceptive, or impersonating conduct;
• circumvent, disable, or attempt to defeat any safety filters, content controls, or usage limits of the Service;
• remove, alter, suppress, or circumvent any machine-readable marking, watermark, or provenance indicator embedded in AI Output by Delightex pursuant to its obligations under Article 50(2) of Regulation (EU) 2024/1689(the AI Act), or otherwise take any action that undermines the integrity or detectability of such markings;
• use the Service for any commercial purpose (meaning any use in a professional, business, or revenue-generating context) without first notifying Delightex of such use;
• use the Service or any AI Output to develop, train, fine-tune, or otherwise build a competing AI model or service; or
• access Generative AI Features through automated means except via interfaces we expressly authorise.

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16 Reporting, Notification and Consequences of UnlawfulContent

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Reporting of Unlawful Content

Any person who becomes aware of potentially Unlawful Content stored on our servers may report it via info-nova@delightex.com. Reports should contain the following information: (a) a sufficiently precise description of the content in question and its location; (b) a statement of the reasons why the content is considered unlawful; (c) the name and contact details of the reporting person, unless the report is submitted anonymously.

We shall acknowledge receipt of the report without delay and shall examine it in a timely, diligent, non-arbitrary, and objective manner. If the examination reveals that the reported content is manifestly unlawful, or if the unlawfulness is apparent without detailed legal examination, we shall without delay block access to or remove the content. A notice submitted in accordance with this procedure shall be deemed to give us actual knowledge of the reported content for the purposes of our liability under Art. 6 DSA, provided that the notice enables us to identify the unlawfulness of the content without detailed legal examination.

We shall communicate the decision taken and the reasons thereof to the reporting person and to the affected user in accordance with Section 16.3.

Blocking and Deletion of Unlawful Content

If we are called upon by third parties to remove allegedly or actually unlawful content, we shall be entitled to block or delete such content after carrying out a diligent and objective assessment of the reported content. Where possible and reasonable, we will notify you of such a claim before any blocking or deletion takes place and give you the opportunity to comment. We shall communicate our decision to you in accordance with Section 16.3. We reserve the right to block or remove content provisionally and without prior notice where there is a compelling reason to act without delay, in particular where the content is manifestly unlawful or where immediate cessation of the infringement is necessary to prevent serious harm.

Notification of Moderation Decisions

If we remove, block, restrict, or suspend access to your content or your account, we shall notify you of this decision without undue delay. Our notification shall contain at least the following information:

1. (a) the content affected and, where applicable, the geographical scope and duration of any restriction;
2. (b) the factual circumstances and the legal or contractual provisions on which we rely as the grounds for the decision;
3. (c) where automated tools were used in reaching the decision, information to that effect;
4. (d) the specific provision of our Terms or of applicable law that the content is considered to violate;
5. (e) information about the available means of redress, in particular your right to seek judicial review before the competent courts.

Where immediate action is necessary – in particular where content is manifestly identifiable as Unlawful Content or where delay would cause serious harm – we may take the relevant measure before issuing the notification, in which case we shall notify you without delay thereafter.

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17 Limitation of Liability

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We shall be liable without limitation if the damage was caused intentionally or by gross negligence, as well as for damages resulting from injury to life, body, or health, provided that we are responsible for the breach of duty. We shall also be liable without limitation for damages resulting from the absence of a guaranteed characteristic or for which liability is provided under the German Product Liability Act.

In cases of slight negligence resulting in damages due to the breach of a material contractual obligation, our liability is limited to typical and foreseeable damages. Material contractual obligations are those duties whose fulfilment enables the proper execution of the contract in the first place, on which you may regularly rely, and whose breach jeopardizes the achievement of the contract’s purpose.

In all other cases – i.e., in cases of slight negligence not covered by the provisions above – our liability and the liability of our vicarious agents for breaches of non-material contractual obligations is excluded. This exclusion does not apply to damages resulting from injury to life, body, or health.

Our liability without fault pursuant to § 536a German Civil Code (BGB) shall be excluded.

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18 Changes to the Terms

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We may modify these Terms from time to time. For the Pro Subscription or the unused Purchased Credits at the time of the notice, we will notify you at least four weeks in advance in text form. If you do not object within 30 days of receiving the notice, the changes shall be deemed accepted and will become effective upon expiry of that period. If you object to the changes, the contract between us will continue under the existing terms. We will inform you of your right to object and the consequences of your silence in the notice of change. This also applies to the Free Trial of the Pro Subscription.

For the Basic Subscription, we may modify these Terms at any time.

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19 Governing Law

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These Terms are governed by the laws of the Federal Republic of Germany excluding the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you have placed the order as a consumer and, at the time of placing your order, have your habitual residence in another country, the application of mandatory legal provisions of that country shall not be affected by the choice of law set out in the first sentence.

If you are a trader or a legal person governed by public law according to German law, the exclusive place of jurisdiction shall be Munich, Germany. In all other respects, the applicable statutory provisions shall govern local and international jurisdiction.

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20 Informal Dispute Resolution

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Before taking legal action, we encourage users to contact us at info-nova@delightex.com to resolve concerns informally.

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21 Note according to § 36 VSBG

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We are neither willing nor obliged to participate in dispute resolutionproceedings before a consumer arbitration board.

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22 Contact Us

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DelighteX GmbH

Christoph-Rapparini-Bogen 25

80639 Munich, Germany

📧 info-nova@delightex.com

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23 Final Provisions

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These Terms constitute the complete agreement between you and Delightex regarding the Service and supersede any prior agreements.

If any provision of these Terms is or becomes wholly or partially invalid or unenforceable, or if these Terms contain any gaps, the validity of the remaining provisions shall not be affected. In place of the invalid, unenforceable, or missing provision, a valid and enforceable provision shall be deemed agreed that comes as close as possible to what the parties would have agreed upon, considering the purpose of these Terms, had they been aware of the invalidity, unenforceability, or absence of the respective provision.

Only the English version of these Terms is decisive for the legal effects between the parties.

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Annex 1: Information to the Right of Withdrawal

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1 Right of Withdrawal Policy

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You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (DelighteX GmbH, Christoph-Rapparini-Bogen 25, 80639 Munich, Germany, Phone: +49 (0)89 215535490, E-Mail: info-nova@delightex.com) of your decision to withdraw this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached model withdrawal form, but this is not mandatory.

To comply with the withdrawal period, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

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2 Consequences of withdrawal

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If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

If you have requested that the Service begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the Service already provided up to the point at which you inform us of your exercise of the right of withdrawal, compared to the total scope of the Service agreed in the contract.

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3 Model Withdrawal Form

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(If you wish to withdraw the contract, please complete and return this form)

• To DelighteX GmbH, Christoph-Rapparini-Bogen 25, 80639 Munich, Germany, Email: info-nova@delightex.com 
• I/we (*) hereby withdraw the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only for notification on paper)
• Date

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___________________

(*) Delete as appropriate.

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