Last updated: July 2025
Delightex Nova – Terms of Use
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 or using the Service, you agree to these Terms. If you do not agree, please do not use the Service.
1 Service Description, Registration, Technical Requirements
The Service is an open, globally accessible online tool that enables easy creation of 3D worlds and simulations, which can be intuitively designed, animated, and programmed. A detailed description of the Service can be found at https://www.delightex.com/nova.
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 conclude an agreement with us concerning the registration for the Service. The contract is concluded when we confirm your registration. 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. Depending on your internet plan, additional charges may apply for the data connection.
2 Eligibility & Parental Consent
Delightex Nova is designed for creators of all ages. To enter into a contract for the Services, you must be at least 18 years old and have legal capacity. If you are under the age of 18 and your country’s law requires parental consent to use online services, please obtain permission from your parent or legal guardian before registering. We rely on our users to provide accurate information and to comply with their local laws regarding digital consent.
3 Conclusion of contract, Plans & Subscriptions
After registration, your 1-month free trial of the Pro version will start automatically. During this period, you can explore all Pro features without entering any payment details.
At the end of the 30-day trial period, you may choose between the available plans by clicking the "Manage your subscription" button. If you add a payment method and choose to purchase a Pro plan, you make an offer to conclude a user agreement with us for the paid Services. We accept your offer by sending an email to the address you provided. There is no legal entitlement to acceptance.
If no Pro plan is purchased by the end of the trial, your subscription will automatically be downgraded to the Free version.
The contract language available for concluding the contract with us is English. Before concluding the contract, you will have the opportunity to download these Terms as a PDF document. In addition, we store the Terms and make them available at https://www.delightex.com/nova/terms-of-use-product.
Whereas the registration for the Service is free of charge, the remuneration depends on the subsequently selected service.
Delightex Nova offers:
- A free version with limited features
- A Pro version available via monthly recurring subscription
- A 1-month free trial of Pro, available once per user
The remuneration for Pro plan is based on the information provided within the Service.
The Pro plan is billed in advance. Unless terminated at the end of the initial one-month subscription term, the contract will automatically renew for an indefinite period. Once the subscription has been automatically renewed, you may cancel your subscription anytime via your account settings; cancellation takes effect at the end of the current billing period.
4 Refund Policy / Right to Withdrawal
As a digital subscription service, Delightex Nova does not offer refunds for any partial use, mid-month cancellations, or unused time. We recommend using the free version or the Pro trial to determine if the product fits your needs.
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 a tangible data carrier — if we have started performing the contract, meaning providing the Services, 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.
5 Account Use
Each account is personal and intended for individual use only. You may not share your login credentials or use someone else’s account. The User shall keep the login credentials confidential and shall take appropriate measures to prevent third persons to become aware of the login credentials. It is not permitted for any reason whatsoever to provide the login credentials to any other person. In case of justified suspicion of misuse of your login credentials, especially if reported by you, we are entitled to immediately and temporarily suspend your access to our Service or—in cases of your intentional misconduct—to terminate the contract extraordinarily. We will inform you promptly in text form about the suspension of your access to the Service.
You may be logged in on one computer and up to two devices simultaneously.
6 Trials & Promotional Offers
We may offer time-limited trials or discounts. These offers are subject to additional terms provided at the time of the offer. We reserve the right to revoke trial access if abuse is suspected.
7 User Content & Rights
You retain ownership of content you create or upload. By using the Service, you grant Delightex a non-exclusive, worldwide license to store, process, and display your content as needed to operate the Service. You are responsible for ensuring that you have the rights to any uploaded content.
8 Platform Ownership
The Delightex Nova platform, including its underlying software, branding, and content, is protected by copyright and other intellectual property laws. You are granted a limited, non-transferable license to use the Service during your active subscription.
Nothing in these Terms grants you any ownership rights in the Service or its content. All rights not expressly granted are reserved by the platform owner and its licensors.
9 Privacy
We take privacy seriously. Please refer to our separate Data Privacy Statement for details on how your personal information is collected, used, and protected.
10 Service Availability
We aim to provide 99% uptime per year. Service may be interrupted due to maintenance or external factors beyond our control.
11 Termination
You may delete your account at any time via account settings. We reserve the right to suspend or terminate your account for violations of these Terms or the law.
12 Changes to the Terms
We may modify these Terms from time to time. Users will be notified at least 4 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.
13 Acceptable Use & Etiquette
All users agree to behave respectfully and legally while using Delightex Nova. You agree not to:
- Engage in harassment, threats, or hate speech
- Upload or share obscene, harmful, or illegal content
- Use the Service to mislead, impersonate, or exploit others
- Interfere with the performance or security of the Service or its users
- Attempt to reverse-engineer or disrupt the Service
- Use the Service for any commercial purposes, teaching, broadcasting, resale, or monetized content without written permission
- Share or sell your login credentials
14 Account Suspension & Deletion
We may suspend or terminate your account if you violate these Terms, applicable laws, or misuse the Service. We also reserve the right to remove inactive accounts after prolonged inactivity. You can delete your account anytime via your settings.
15 Evolving Nature of the Service
Delightex Nova is continuously evolving. Features, pricing, or terms may change over time. We will notify you in advance of any significant updates, and your continued use signifies acceptance.
16 Limitation of Liability
To the extent permitted by law, Delightex shall not be liable for indirect or consequential damages:
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 fulfillment 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.
Our liability without fault pursuant to § 536a German Civil Code (BGB) shall be excluded.
In addition, in all other cases, liability of us and our vicarious agents for breaches of duty and tortious acts, as well as claims for compensation of futile expenses, is excluded.
The Services do not include the storage and backup of any data, i.e. user generated content. It is in the sole responsibility of you to regularly backup the data uploaded to and created with our Service.
17 Governing Law
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).. Disputes shall be resolved in the courts of Munich, Germany, unless otherwise required by applicable consumer protection law.
18 Informal Dispute Resolution
Before taking legal action, we encourage users to contact us at info-nova@delightex.com to resolve concerns informally.
19 Note according to § 36 VSBG
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
20 Link to the Online Dispute Resolution Platform (ODR Platform)
The European Commission has established an online platform for the resolution of disputes. This platform serves as a point of contact for the out-of-court resolution of disputes arising from contractual obligations stemming from online purchase agreements.
Further information is available at the following link in accordance with Article 14(1) of Regulation (EU) No. 524/2013: http://ec.europa.eu/consumers/odr.
21 Entire Agreement
These Terms constitute the complete agreement between you and Delightex regarding the Service and supersede any prior agreements. If a court finds any provision unenforceable, the rest remain in effect.
22 Contact Us
DelighteX GmbH
Christoph-Rapparini-Bogen 25
80639 Munich, Germany
📧 info-nova@delightex.com
23 Final Provision
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.
Annex 1: Information to the Right of Withdrawal
1 Right of Withdrawal Policy
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, Email: 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.
2 Consequences of withdrawal
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 Services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the Services 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 Services agreed in the contract.
3 Model Withdrawal Form
(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
___________________
(*) Delete as appropriate.
