Terms of Service
Posted: July 5, 2023
Effective: July 5, 2023
You can see archived terms here.
By your registration, you have agreed to the following Terms. You acknowledge that you have been given the opportunity to review these Terms and consent to be bound by them.
If you are an individual and reside in or are a company and are incorporated in the United States, you are entering into this contract with Digify, Inc. If you are an individual and reside outside of or are a company and are incorporated outside of the United States you are entering into this contract with Digify Pte Ltd, a company registered in Singapore. If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to “you” or “Customer” reference your company.
You represent and warrant that you are of legal age of majority in the jurisdiction in which you reside in order to: use these Services, and to form a binding contract with Digify. You understand that laws may vary by country, state, province or municipality. You acknowledge that you are solely responsible for compliance with all laws, regulations, and rules for all activities undertaken in your use of Digify.
When you use our Services, you provide us with things like your files, contacts and so on (“Content”). Your Content is yours. These Terms do not give us any rights to Your Content except for the limited permissions necessary to carry out these Services. These permissions shall extend to our affiliates.
We are not responsible for Content posted or shared via Digify. Nor are we under any duty to ensure non-infringement and compliance with other laws and regulations.
If you believe any Content available via this Service infringes your copyright please provide a notice containing the following information:
(a) A signature of person authorized to act on behalf of copyright owner;
(b) A description of the copyrighted work you claim has been infringed;
(c) The location on Service where the material claimed may be found;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is unauthorized by copyright owner or the law; and
(f) A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on their behalf.
We agree that your Content, credit card/banking information and information contained in your account is confidential to you, and as between you and Digify, will always remain as your property. This includes documents you provide to Digify that are labeled “confidential”.
The following will not be considered confidential:
Information we already know at the time you tell us.
Information that was communicated to us by an authorized third party.
Information that you’ve set in the Digify Service to a low level of security (e.g. access allowed for “anyone with the link”) or sent to with shared email accounts (e.g. “email@example.com”).
We agree that we will treat your information with the same degree of care that we treat our own confidential information. We will only use your confidential information in connection with our provision of Services to you.
Changes to the Terms of Service
We may revise and update these Terms. All changes are effective immediately when we post them. Your continued use of the Service following the revisions denotes your acceptance of the changes.
Upon choosing a user name and password, you must treat such information as confidential, and you must not disclose it to anyone. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name or password. You agree to notify us immediately of any unauthorized access to or use of your user name or password. You also agree to ensure that you exit from your account at the end of each session.
We have the right to disable any user account, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Users are responsible for making all arrangements necessary to have access to the Service and providing accurate information at time of registration.
Intellectual Property Rights
The Service and its contents and features (including but not limited to all information, software, text, displays, images, video and audio, and the design thereof), are owned by the Company, and licensors of such material.
If you print, copy, modify, download or otherwise provide any other person with access to any part of the Service in a manner not allowed by this Agreement, your right to use the Service will cease immediately.
The Company name, the term Digify and all related names, logos and slogans are trademarks of the Company. Do not use them without our prior written permission.
In using this Service and related services, the following content standards and acceptable use policy shall apply. Your Content must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, you must not:
Deliver any unlawful (according to local, state, federal, or international law or regulation) content or any content that advocate illegal activity.
Deliver any content that could be considered harmful, obscene, pornographic, defamatory, abusive, threatening, harassing, hateful or otherwise objectionable.
Deliver any content that violates others’ intellectual property rights, or rights to privacy or publicity.
Impersonate another person or falsely state your affiliation with a person or entity, if the purpose of doing so is to deceive, or defraud another.
Use this Digify service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Digify Service or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
We cannot undertake to review material before it is posted on the Service. Accordingly, we assume no liability for any content provided by any user.
Some of our Services allow you to download client software (“Software”). So long as you comply with these Terms, and any Policies or Licensing conditions we may present with future offerings, we give you a limited, non-exclusive, non-transferable, revocable license to use the Software, solely to access the Services. You agree not to reverse engineer or decompile the Services, or assist anyone in doing so.
Disclaimer of Warranties
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, OR DATA DUE TO YOUR USE OF THESE SERVICES OR YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT.
YOUR USE OF THESE SERVICE AND CONTENT OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY DOES NOT MAKE ANY WARRANTY WITH RESPECT TO COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY. THE COMPANY DOES NOT REPRESENT THAT THE SERVICES OR ITS CONTENT WILL BE ACCURATE, RELIABLE, VIRUS OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation on Liability
IN NO EVENT WILL THE COMPANY BE LIABLE FOR DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY ASSOCIATED CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN THE EVENT COMPANY IS HELD LIABLE FOR ANY DAMAGES ARISING UNDER THIS AGREEMENT, THE DAMAGES ARE LIMITED TO THE GREATER OF (X) THE AMOUNT PAID TO COMPANY BY USER DURING THE ONE (1) MONTH PERIOD PRIOR TO THE DATE A CLAIM ARISES OR (Y) $500.
You agree to defend, indemnify and hold harmless Digify from any claims, liabilities, damages, or expenses (including attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Service.
Governing Law and Dispute Resolution
If you are a person and reside in or are a company and are incorporated in the United States, this Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. Any disputes hereunder will be resolved via binding arbitration in San Francisco, California under the rules of the American Arbitration Association. Otherwise, any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Singapore, using the English language in accordance with the Singapore International Arbitration Centre then in effect, by one or three commercial arbitrators with substantial experience in resolving intellectual property and commercial contract disputes, who shall be in accordance with said rules. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right at any time to institute an action in any court of proper jurisdiction for injunctive or other equitable relief.
Your Comments and Concerns
Please submit all inquiries to firstname.lastname@example.org.
Thank you for visiting Digify.