Terms of Service

Last updated on Mar 15, 2023

Licenses

Dgtal Content grants you a limited, revocable, non-exclusive, non-transferable license to download, install and use our site strictly in accordance with these Terms of Service.

Definitions

To these Terms of Service:

  • "You" refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which that individual is accessing or using the Service, as applicable.
  • "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Dgtal Content. "Website " is referred to Dgtal Content, accessible from https://dgtalcontent.com.
  • "Company" (referred to as "the Company", "We", or "Our" in this Agreement) refers to Dgtal Content.
  • "Site" refers to Dgtal Content, accessible at https://dgtalcontent.com
  • "Service" refers to the website, as well as Dgtal Content's browser extensions, add-ons and other applications.
  • "Service Provider" means any individual or entity that processes data on behalf of Company. It refers to third-party companies or individuals hired by Company to facilitate the Service, to provide the Service on Company's behalf, to perform services related to the Service, or to assist Company in analyzing how the Service is used.
  • "Third-party social media service" any website or social networking site through which you can log in or create an account to use the service.
  • "Personal data" any referential element related to an identified or identifiable individual.
  • "Cookies" is a small amount of data generated by a website and saved by your web browser. Its purpose is to remember information about you, similar to a preference file created by application software.
  • "Device" any internet-enabled device that can access the Service such as a cell phone, a computer, or a tablet.
  • "Usage Data" refers to automatically collected data, whether generated by use of the Service or the Service infrastructure itself. For example, how many times the user has accessed the site.
  • "Free trial" refers to a limited period of time that can be free of charge when you purchase a Subscription.
  • "Content" refers to content such as text, images or other information that may be posted, uploaded, linked to or otherwise made available by You, regardless of the form of such content.

Recognition

These are the Terms and Conditions that govern the use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set forth the rights and obligations of all users with respect to the use of the Service.

Your access to and use of the Service is conditioned upon Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, you may not access the Service.

You represent that you are over 18 years of age. The Company does not allow persons under 18 to use the Service.

Your access and use of the Service is also conditioned on your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your personal information when you use the Application or the Site and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our service.

Restrictions

You agree not to do it and will not allow others to do it:

  • License, sell, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the service or make the platform available to third parties.
  • Modify, perform derivative works, disassemble, decrypt, reverse compile, or reverse engineer any part of the service.
  • Remove, alter, or render incomprehensible any proprietary notice (including any copyright or trademark notice) of Dgtal Content or its affiliates, partners, suppliers, or licensors of the site.

Return and Refund Policy

Basic and Writer plans with annual payment are eligible for reimbursement. In the case of the former Lite, Pro Enterprise plans; and the monthly Basic and Writer plans, refund is not applicable except as required by law.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the Company's sole discretion.

Return and Refund Policy

In case of early termination of the annual plans mentioned above, the refund is made proportionally to the time that the service was used, with the application of a fine of 30% on the remaining value, calculated as follows:

Amount of the Fine = [(Purchase price / 12) * Months remaining] * 30%.

Your suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively "Suggestions") made by you shall remain the sole and exclusive property of Dgtal Content.

Dgtal Content shall be free to use, copy, modify, publish or redistribute the Suggestions for any purpose and in any manner whatsoever without any credit or any compensation to you.

Your consent

By signing up or signing for an account at Dgtal Content, you agree to allow us to use your company's logo on our site for marketing purposes. If you wish to have your logo removed, please contact us and we will remove it.

Links to other sites

Our service may contain links to third-party websites or services that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We recommend that you review the Terms of Service of each site you visit.

We have no control over, and assume no responsibility for, the content, Terms of Service or practices of any third party or service.

Cookies

Dgtal Content uses "Cookies" to identify the areas of our site that you have visited. A Cookie is a small amount of data stored on your computer or mobile device by your browser. We use Cookies to customize the content you see on our site. Most browsers can be configured to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our site correctly or at all. We never place personally identifiable information in cookies. By using our site, signing up for an account or making a purchase, you agree that we use cookies.

Changes to these Terms of Service

You acknowledge and agree that you may discontinue (permanently or temporarily) providing the Service (or any features of the Service) to you or to users generally, in our sole discretion, without notice. You may stop using the Service at any time. You do not have to specifically state when you stop using the Service. You acknowledge and agree that if you disable access to your account, you may be prevented from accessing the Service, your account details or any files or other materials contained in your account.

If we decide to change our Terms of Service, we will post those changes on this page and/or update the modified date of the Terms of Service below.

Changes to Our Site

Dgtal Content reserves the right to modify, suspend or discontinue, temporarily or permanently, the site or any service to which it links, with or without notice and without liability to you.

Updates to Our Site

Dgtal Content may from time to time provide enhancements to the features/functionalities of the Site, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionality of the Web Site. You agree that Dgtal Content has no obligation to (i) provide any Update or (ii) continue to provide or enable any particular feature and/or functionality of the Site to you.

You also agree that all Updates will (i) be considered an integral part of the Site and (ii) be subject to the terms and conditions of this Agreement.

Third-Party Services

We may display, include or make available content from third parties (including data, information, applications and other product services) or provide links to third party sites or services ("Third Party Services").

You acknowledge and agree that Dgtal Content shall not be responsible for any Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, respectability, quality or other aspect thereof. Dgtal Content does not assume and will not have any obligation or liability to you or any other person or entity for any Third Party Service.

Third Party Services and their links are provided solely as a convenience to you and your access and use of the same is entirely at your own risk and subject to the terms and conditions of such third parties.

Intellectual property infringement

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes the copyright or other intellectual property rights of any person.

If you are a copyright owner, or authorized on behalf of one, and believe that a copyrighted work has been copied in a way that constitutes copyright infringement that is occurring through the Service, you must submit your written notice to the attention of our copyright agent by email at support@dgtalcontent.com  and include in your notice a detailed description of the alleged infringement.

You may be held liable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing your copyright.

Plan Renewal

The amount of words according to your plan is renewed every month after the monthly fee is paid and is not accumulative for subsequent months. In other words, the words not used in the previous period are expired and you will receive new ones according to your plan after the monthly fee is paid.

In case of non-payment of the monthly fee, you will not be able to generate new content, but will still have access to the saved texts for a period of 30 days.

Term and Termination

This Agreement shall remain in effect until terminated by either you or Dgtal Content.

Dgtal Content may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without notice.

This Agreement will terminate immediately, without notice from Dgtal Content, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the site and all copies from your computer.

Upon termination of this Agreement, you must cease all use of the site and delete all copies of the site from your computer.

Termination of this Agreement does not limit any of Dgtal Content's rights or remedies at law or in equity in the event of breach by you (during the term of this Agreement) of any of your obligations under this Agreement

Fair Use Policy

As part of our commitment to provide high quality, fast and reliable service, Dgtal Content has a Fair Usage Policy to prevent overuse of our subscription plans.

We do not charge extra when the tool is used in a reasonable and normal manner. However, we need to ensure that the delivery of our services works fairly for everyone and with the best possible user experience. As such, the quality of service for all users should always be fair and equitable.

Therefore, the granting of "Unlimited" credits is subject to a fair usage policy. If, on any day during your monthly billing period, you exceed the fair usage amount, we will temporarily restrict your access to the service for that day.

Indemnity

You agree to indemnify and hold Dgtal Content and its parent, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of: (a) your use of the Site; (b) your violation of this Agreement or any law or regulation; or (c) your violation of any third party right.

No Collateral

The site is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the fullest extent permitted by applicable law, Dgtal Content, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the site, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and warranties that may arise in the course of performance, use or trade practice. Without limiting the foregoing, Dgtal Content makes no warranty or commitment, and makes no representation that the site will meet your requirements, achieve any intended result, be compatible with or work with any other software, system or service, operate without interruption, achieve any standard of performance or reliability, or be error-free, or that any error or defect can or will be corrected.

Without limiting the foregoing, neither Dgtal Content nor any Dgtal Content provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the site or the information, content and materials or products included therein; (ii) that the site will be uninterrupted or error-free; (iii) as to the accuracy, reliability or validity of any information or content provided by the site; or (iv) that the site, its servers, content or e-mails sent from or on behalf of Dgtal Content are free of viruses, scripts, Trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion or limitations on implied warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that may occur, the entire liability of Dgtal Content and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing will be limited to the amount currently paid by you for the site.

To the fullest extent permitted by applicable law, in no event shall Dgtal Content or its suppliers be liable for any special, incidental, indirect or consequential damages (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury for loss of privacy arising in any way from the use or inability to use the site, third party software and/or third party hardware used with the site, or otherwise in connection with any provision of this Agreement), even if Dgtal Content or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply in certain circumstances.

Gravity

If any provision of this Agreement is held to be unenforceable or invalid, that provision will be changed and interpreted to meet the objectives of this provision to the maximum extent possible under applicable law and the remaining provisions will continue in full force and effect.

Disclaimer

Except as provided herein, failure to exercise a right or to require performance of an obligation under this Agreement will not affect a party's ability to exercise such right or require such performance at any subsequent time, nor will the waiver of a breach constitute a waiver of any subsequent breach.

Amendments to this Agreement

Dgtal Content reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make every reasonable effort to provide notice at least 30 days prior to the effective date of any new terms. What constitutes a material change will be determined in our sole discretion.

By continuing to access or use our site after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Dgtal Content.

The Entire Agreement

The Agreement constitutes the entire agreement between you and Dgtal Content regarding your use of the Site and supersedes all prior and contemporaneous written or oral agreements between you and Dgtal Content.

You may be subject to additional terms and conditions that apply when you use or purchase other Dgtal Content services, which Dgtal Content will provide to you at the time of such use or purchase.

Legal Notice

Dgtal Content is not responsible for any content, code or any other inaccuracies.

Dgtal Content provides no warranties of any kind.

In no event shall Dgtal Content be liable for any special, direct, indirect, consequential or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Service or the content of the Service. The Company reserves the right to make additions, deletions or modifications to the content of the Service at any time without prior notice.

Text to Image Terms

These terms apply to your use of 'Text to Image' and apply in addition to Dgtal Content's Terms of Service

Be a good human

Please be a good human when using Text to Image and don't use it to create any harmful content. We will not allow any use of Text to Image that violates Dgtal Content's Terms of Service, and we may suspend or terminate your account if we find that you are using it in this way. In particular, do not use Text to Image:

  • In any way that violates, or promotes activities that violate, any applicable laws or regulations (including in a way that violates anyone's intellectual property or privacy rights);
  • For the purpose of exploiting or harming, or attempting to exploit, sexualise or harm, minors in any way;
  • To generate or disseminate false or misleading information, propaganda and/or content (including by attempting to create images of public figures);
  • To generate or disseminate personally identifiable information;
  • To defame, disparage or otherwise harass others;
  • For fully automated decision making that adversely impacts an individual's legal rights or otherwise creates or modifies a binding, enforceable obligation;
  • For any use intended to, or which has the effect of, discriminating against or harming any individuals or groups;
  • To exploit any of the vulnerabilities of a specific group of persons based on any characteristics, including but not limited to their age, social, physical or mental characteristics;
  • To provide medical advice and/or medical results interpretation;
  • To create a risk of harm to people or property;
  • To create sexually explicit or pornographic material; or
  • To generate or disseminate information to be used for the administration of justice, law enforcement, immigration or asylum processes.

Legal notice

You are responsible for any images you create using Text to Image (“AI Images”). As between you and Dgtal Content, to the extent permitted by law, you own your AI Images and give Dgtal Content the right to host them on our platform and use them to market and improve our products and services. Dgtal Content will not make any copyright ownership claim over your AI Images.

You may use your AI Images for any legal purpose, provided that you comply with these terms and that you accept that any such use is at your own risk. Dgtal Content does not warrant, guarantee, or assume liability for, any uses you make of AI Images.

In the event that any of your AI Images are alleged to be unlawful or otherwise in breach of these terms, you acknowledge that Dgtal Content may disclose such content to law enforcement or other governmental authorities.

We reserve the right to update these terms from time to time.

Contact Us

If you have any questions, you can contact us at support@dgtalcontent.com