Terms & Conditions
Last Updated: May 25, 2021
By signing up for the Digimatic service (“Service”) or utilizing any of the services of Digimatic LLC (“Digimatic”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://digimatic.com/terms-and-conditions. Digimatic reserves the right to change the Terms of Service by posting updates to the Digimatic website; therefore, users should periodically look for updates.
Collection of information
1. Account Terms
- You must be 18 years or older to use this Service.
- You acknowledge that Digimatic will use the email address you provide as the primary method for communication.
- You are responsible for all activity and content such as data, graphics, photos and links that are transmitted through your Digimatic Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Digimatic will result in an immediate termination of your services.
2. Account Activation
- The person signing up for the Service will be the contracting party (“Account Owner”).
- If you are signing up for the Service on behalf of your employer, your employer is considered the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. General Conditions
- Technical support is only provided to paying Account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California and the laws of the United States of America applicable therein, without regard to principles of conflicts of laws. Any dispute or claim arising out of or in connection with the Terms of Service will be dealt with the exclusive jurisdiction of the courts of the State of California.
- You acknowledge and agree that Digimatic may amend these Terms of Service at any time by posting updated Terms of Service on Digimatic’s website, available at https://digimatic.com/terms-and-conditions and are immediately effective. Your continued use of the Services means that you agree to, and accept the updated Terms of Service.
- You may not use the Digimatic service for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the United States of America or the State of California. You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Digimatic.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. Digimatic Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Digimatic customer, Digimatic employee, member, or officer will result in immediate Account termination.
- Digimatic does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
5. Limitation of Liability
- You expressly understand and agree that Digimatic shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Digimatic or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Digimatic partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Service is “as is” so it may have errors or interruptions and Digimatic provides no warranties.
- Digimatic does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
6. Waiver and Complete Agreement
The failure of Digimatic to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Digimatic and govern your use of the Service, superseding any prior agreements between you and Digimatic (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content
- 1. You hereby grants Digimatic a non-exclusive, worldwide, irrevocable, perpetual, royalty-free right and license to use and share all customer data with respect to your customers that Digimatic may obtain through accessing your websites, accessing the websites of your customers, providing the Services and accessing data from third parties regarding your customers’ use of Third Party Applications or Third Party Web Services or other Third-Party Content (including analytics data and any unique account identifiers) for the limited purposes of (a) providing support services and other services to your customers; (b) improving the Digimatic Software and the Services; (c) performing analyses related to the Digimatic Software and your customers’ use of the Digimatic Software and the Services; and (c) conducting marketing and/or advertising campaigns for you. The foregoing license includes the right for Digimatic to develop and publish or otherwise make available broadly applicable insights regarding aggregated data but only when the data has been aggregated or de-identified so that such insights cannot reasonably be used to identify end-users or Your Customers.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services.
- Digimatic shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
- You acknowledge and agree that we (or our licensors) own all right, title and interest in and to the Services, including any intellectual property rights in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). We (or our licensors) own all right, title and interest in and to any enhancements, modifications, design changes, software updates and supplements related to the Services, even if paid for by you.
8. Cancellation and Termination
- You may cancel your Account at anytime by emailing email@example.com and then following the specific instructions indicated to you in Digimatic’s response.
- Upon termination of the Services by either party for any reason: a. Digimatic will cease providing you with the Services and you will no longer be able to access your Account; b. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; and c. any outstanding balance owed to Digimatic for your use of the Services through the effective date of such termination will immediately become due and payable in full.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the Digimatic Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Digimatic may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
9. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days’ notice from Digimatic. Such notice may be provided at any time by posting the changes to the Digimatic Site or notification to your primary contact email.
- Digimatic reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- Digimatic shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.