Agreement to Terms
Welcome to [Digitimin] (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, tools, applications, and services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms.
If you are using our Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization.
Please read these Terms carefully before using our Services. If you do not agree to all of these Terms, do not access or use our Services.
2. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
Posting the revised Terms on our website with a new “Last Updated” date
Sending an email notification to registered users (if applicable)
Displaying a notice within the Services prior to the change becoming effective
Your continued use of our Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using our Services.
3. Eligibility and Registration
Eligibility
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To use our Services, you must:
Be at least 16 years old (or the age of majority in your jurisdiction)
Have the legal capacity to enter into a binding contract
Not be prohibited from receiving our Services under applicable laws
Account Creation
Certain features require account registration. When creating an account, you agree to:
Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security of your password and accept all risks of unauthorized access
Notify us immediately if you discover or suspect any security breaches
Take responsibility for all activities that occur under your account
Account Termination
We reserve the right to:
Refuse service to anyone for any reason at any time
Suspend or terminate accounts that violate these Terms
Remove or edit content at our sole discretion
4. Description of Services
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[Digitimin] provides [brief description of your tools, e.g., “online productivity tools,” “AI-powered content generation,” “data analysis utilities”]. Our Services include but are not limited to:
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We continually update and improve our Services. We may add or remove features, and we may suspend or stop a Service altogether at our discretion.
5. Access and Use of Services
License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services for your personal or internal business purposes.
Restrictions
You agree not to:
Use the Services for any illegal purpose or in violation of any laws
Copy, modify, create derivative works, reverse engineer, or attempt to extract source code
Use the Services to build a competitive product or service
Use automated means (bots, scrapers, spiders) to access the Services without our permission
Interfere with or disrupt the integrity or performance of the Services
Attempt to gain unauthorized access to our systems or networks
Share your account credentials or allow others to access your account
Circumvent any security or access controls
Use the Services to transmit viruses, malware, or other malicious code
6. User Content
Definition
“User Content” means any data, text, information, files, images, or other materials you upload, submit, or process through our Services.
Your Rights
You retain all ownership rights to your User Content. By submitting User Content, you represent and warrant that:
You own or have the necessary rights to use and authorize us to use the User Content
The User Content does not infringe any third-party rights
The User Content complies with these Terms and applicable laws
License to Us
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to:
Use, reproduce, process, and display the User Content to provide and improve our Services
Store and back up your User Content
Use aggregated and anonymized data for analytics and service improvement
This license continues even if you stop using our Services, except when you delete your User Content or account.
Content Guidelines
User Content must not:
Contain illegal, harmful, threatening, abusive, harassing, defamatory, or obscene material
Infringe intellectual property, privacy, or publicity rights
Contain viruses or other malicious code
Contain sensitive personal information of others without consent
Promote violence, discrimination, or illegal activities
7. Intellectual Property Rights
Our Property
All rights, title, and interest in and to the Services (excluding User Content) are and will remain our exclusive property. This includes:
Software, algorithms, and technology underlying the Services
Trademarks, logos, and brand elements
Documentation, designs, and user interfaces
Aggregated and anonymized usage data
Feedback
If you provide us with feedback, suggestions, or ideas about our Services, you grant us an unlimited, irrevocable, perpetual license to use that feedback without any obligation to you.
8. Payment Terms
Fees
Certain Services require payment. All fees are stated in [currency] and are exclusive of taxes. You are responsible for all applicable taxes.
Payment Authorization
By providing payment information, you authorize us to charge the applicable fees to your chosen payment method.
Subscription Terms
Subscriptions automatically renew unless canceled before the renewal date
We may change subscription fees with 30 days’ notice
No refunds are provided for partial subscription periods, except as required by law
Free Trials
Free trials (if offered) are available to new users only. We may require payment information to start a free trial. You will be charged when the trial converts to a paid subscription unless you cancel.
9. Privacy and Data Protection
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using our Services, you agree to our data practices as described in our Privacy Policy.
10. Service Modifications and Availability
We reserve the right to:
Modify, suspend, or discontinue any part of the Services at any time
Release new features or tools that we may later charge for
Establish limits on use or storage
Remove content at our discretion
We do not guarantee that our Services will always be available, uninterrupted, secure, or error-free.
11. Third-Party Services and Content
Our Services may contain links to third-party websites, services, or content. We:
Do not endorse and are not responsible for third-party content
Have no control over third-party services
Are not liable for any damages or losses caused by third-party services
Your use of third-party services is at your own risk and subject to their terms.
12. Termination
By You
You may stop using our Services at any time. You may delete your account through your account settings.
By Us
We may suspend or terminate your access to the Services if:
You violate these Terms
We suspect fraudulent or illegal activity
Required by law
For any other reason at our sole discretion
Effect of Termination
Upon termination:
Your right to use the Services ends immediately
We may delete your User Content after a reasonable period
You remain liable for all charges incurred up to termination
13. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
THE SERVICES WILL MEET YOUR REQUIREMENTS
THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
RESULTS FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE
DEFECTS WILL BE CORRECTED
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER [DIGITIMIN] NOR ITS SUPPLIERS OR DISTRIBUTORS SHALL BE LIABLE FOR:
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
LOSS OF USE, DATA, BUSINESS, OR PROFITS
PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO USE OF THE SERVICES
OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
15. Indemnification
You agree to defend, indemnify, and hold harmless [Digitimin], its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:
Your use of the Services
Your violation of these Terms
Your infringement of any third-party rights
Your User Content
16. Dispute Resolution
Governing Law
These Terms shall be governed by the laws of [Your State/Country] without regard to conflict of law principles.
Informal Resolution
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at [Your Contact Email].
Arbitration
Any disputes that cannot be resolved informally shall be resolved by binding arbitration in [Your City, State/Country] under the rules of [Arbitration Association]. Judgment on the award may be entered in any court with jurisdiction.
Class Action Waiver
You agree to resolve disputes on an individual basis and waive any right to participate in class actions.
17. General Terms
Entire Agreement
These Terms constitute the entire agreement between you and us regarding the Services.
Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.
Assignment
You may not assign these Terms without our consent. We may assign these Terms without restriction.
Waiver
Our failure to enforce any right or provision will not be considered a waiver.
Force Majeure
We are not liable for any failure to perform due to causes beyond our reasonable control.
Notices
We may provide notices via email, posting on our website, or through the Services.
18. Contact Information
For questions about these Terms, please contact us at:
Email: [support@digitimin.com]
Website: [digitimin.com]