Welcome and thank you for your interest in digitalusa (“Digitalusa”, “Company”, “we” or “us”), registered at 2233 Argentia Road, Suite 302, East Tower, Mississauga, ON, L5N 6A6 , and our website at bdigitalusa.us, as well as our associated websites, networks, applications, software, mobile applications and other services we provide (collectively, the “Service”). These Terms of Use (“Terms”) constitute a legally binding contract between you and digitalusa regarding your use of the Service.
You should read these Terms in conjunction with our Privacy Policy and Cookie Policy, which, together with any software license agreement, form our contractual relationship with you (our “Customer” or “User”). digitalusa Privacy Policy and Cookie Policy are incorporated by reference into, and form an integral part of, these Terms.
By clicking “I agree”, or by downloading, installing or otherwise accessing the Service, you agree that you have read and understood, and, as a condition of your use of the Service, you agree to be bound by, the following terms and conditions, including the digitalusa Privacy Policy and any additional terms and policies that digitalusa may provide from time to time (together, these “Terms”). If you are not eligible or do not agree to the Terms, you do not have our permission to use the Service. Your use of the Service and digitalusa’s provision of the Service to you constitutes an agreement between digitalusa and you to be bound by these Terms.
digitalusa uses the official API of various social networks such as Facebook, Instagram, Twitter, LinkedIn, Pinterest, Tumblr, Reddit, Telegram, etc. (with the exception of WhatsApp), which are available in the Developer Center of each corresponding platform. Consequently, this application relies entirely on third-party services (each platform’s API). We are not responsible for any significant changes they may make on their own. Nor do we guarantee that the application’s compatibility with the APIs of the various platforms will last forever. You agree that we offer no refunds of any kind, including for problems that may arise due to modifications made by third parties.
USE OF THE SERVICE
The Service provides a digital workspace for groups of people to create, plan and collaborate on marketing content. You agree to use the Service only for its intended uses as set forth in these Terms. We may terminate, suspend permanently or temporarily, or otherwise deny your access to the Service without notice or liability, if, in our reasonable judgment, you violate any of these Terms, or the spirit or intent of these Terms, including by committing any of the following specifically prohibited actions:
Use the Service for any illegal, infringing or fraudulent purpose; Probe, scan or test the vulnerability of any system or network used in connection with the Service; Modify, reverse engineer or hack the Service, circumvent any security or authentication measures of the Service or attempt to gain unauthorized access to the Service (or any portion thereof) or associated systems, networks or data; Access or retrieve the Service by any means other than our publicly supported interfaces, or copy, distribute or disclose any part of the Service in any medium whatsoever, including, without limitation, by any automated or non-automated “scrapping”; Overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on the Service that consumes extraordinary resources, including using “bots,” “spiders,” “offline readers” or other automated systems to send more request messages to our servers than a human could reasonably do using a normal browser; Impersonate any other person or disguise the origin of any data, content or other information you submit (including by “spoofing”, “phishing”, manipulating headers or other identifiers, “falsely impersonating”, or otherwise falsely implying a sponsorship or association with digitalusa or any third party) or access the Service through another user’s account without their permission; Promote or advertise products or services other than your own without proper authorization; Deceive, defraud or mislead us, any of our Customers or other users; Solicit users of the Service for commercial purposes; Misuse our support services or submit false reports of abuse, misconduct or security breaches; Modify, damage, reproduce, publicly or privately modify or create derivative works of any part of the Service or associated intellectual property, including its source code, software and documentation, or permit others to do any of the foregoing without our express written consent; Loan, rent, sell, license or sublicense, or commercially exploit any part of the Service without our express written consent; Use the Service in any effort to compete with us or to provide similar products or services; Submit (or post, upload, share or otherwise provide) any data, content or other information that (i) infringes the intellectual property, privacy or other rights of digitalusa or any third party or that you do not have a right to submit (including confidential or personal information that you are not authorized to disclose); (ii) is misleading, fraudulent, unlawful, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, encourages illegal or tortious conduct, or is otherwise inappropriate at digitalusa’s discretion; (iii) contain viruses, bots, worms, script exploits or similar materials; or (iv) that could otherwise cause damage to digitalusa or any third party; Use any robot, spider, other automated device, or manual process to monitor any content originating from the Service without our express written consent; or Allow or encourage anyone to do any of the above.
ELIGIBILITY
You must be at least 18 years old to use the Service. By accepting these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not been previously suspended or removed from the Service; and (c) your registration and use of the Service complies with all applicable laws and regulations. If you are an entity, organization or business, the individual accepting these Terms on your behalf represents and warrants that he or she has the authority to bind you to these Terms and that references to you herein (and all of your obligations hereunder) shall mean such entity and any person using the Service on such entity’s behalf.
ACCESS AND USER ACCOUNTS
You may access the Service via a web browser (Chrome, Firefox, Safari, IE or Edge) on app.domain.com. The Service is enabled and enforced by SSL (Secure Sockets Layer). To access the Service, you must register for an account (“Account”) and provide certain information about yourself as prompted by the Account registration form. You may also upload additional content and information when creating your user profile. When creating your Account and profile, you agree to provide accurate and complete information, and you represent and warrant that the content and information you provide will not infringe the rights of any third party. You may delete your Account at any time, for any reason, by following the instructions on the Service.
You are responsible for maintaining the confidentiality of your password and digitalusa account; you are not authorized to share your account; and you are responsible for all activities that occur under your account, with or without your knowledge. If you believe that your account is no longer secure, you must immediately notify us by e-mail.
TERMS AND CONDITIONS OF PAYMENT
Premium features of the Service will require payment of a fee upon registration for the applicable premium service. Before paying any fees, you will have the opportunity to review and agree to the fees you will be charged. All fees are in U.S. dollars and are non-refundable. Fees vary by plan, with different pricing schemes for individual users and organizations.
PRICES
digitalusa reserves the right to determine the prices of the Service. digitalusa will use reasonable efforts to keep the pricing information published on the website current. We encourage you to visit our website periodically for current pricing information, located here.
digitalusa may change the fees for any features of the Service, including any additional fees or charges, if digitalusa gives you advance notice of the changes before they apply. digitalusa, in its sole discretion, may make promotional offers with different features and different fees to all digitalusa customers. Such promotional offers, unless directed to you, will not apply to your offer or to these Terms.
PAYMENT AUTHORIZATION
You authorize digitalusa to debit all amounts for orders you place and any level of Service you select as described in these Terms or published by digitalusa, to the payment method specified in your account. If you pay charges with a credit card, digitalusa may request a pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
REFUND POLICY
digitalusa offers a trial period to allow you to evaluate our service free of charge. By registering for our services, you will not be able to request a refund under any circumstances. It is your responsibility to understand what you are signing up for and to cancel your subscription in time if you do not wish to continue with it. The service will continue until your next payment is due. After that, your account will be deactivated. You can cancel your subscription at any time from your account page.
SUBSCRIPTION SERVICE AND CANCELLATION POLICY
The Service may include automatic recurring payments for periodic fees (“Subscription Service”). If you activate a Subscription Service, you authorize digitalusa to debit you periodically, on an ongoing basis and until cancellation of the recurring payments or your account, for all amounts accrued on or before the payment due date for the accrued amounts. The “Subscription Billing Date” is the date on which you purchase your first subscription to the Service. For information on “Subscription Fees”, please see our pricing page. Your account will be automatically debited on the Subscription Billing Date with all applicable fees for the next subscription period. Subscription will continue unless and until you cancel or we terminate your subscription. You must cancel your subscription prior to renewal to avoid the next recurring Subscription Fee being billed to your account. We will bill the Recurring Subscription Fee to the payment method you provided when you signed up (or to a different payment method if you change your payment information). You can cancel the Subscription Service by accessing your account settings or by contacting us by e-mail.
ACCOUNTS IN DEFAULT
digitalusa may suspend or terminate access to the Service for any account for which an amount is due but unpaid. In addition to the amount due for the Service, an account in default will be charged fees or charges incidental to any dispute or collection of the unpaid amount, including collection fees.
USER CONTENT IN GENERAL
You are solely responsible for any User Content you publish on the Service and for the consequences of its publication. You retain all copyright and other proprietary rights you may have in any User Content you post on the Service. Nevertheless, we require certain permissions from you in order to provide the Service. By “User Content” we mean all information and content that a user submits or uses in connection with the Service. “Content” means information, data, text, software, music, sound, photos, graphics, video, messages, tags, interactive features or other material. When we say “publish”, we mean publish, upload, share, submit or otherwise provide User Content in connection with the Service.
RESTRICTIONS ON USER CONTENT
digitalusa disclaims all liability with respect to User Content. You are responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, intellectual property or rights of use of any User Content you post. You agree not to post any User Content that: (i) creates a substantial risk of damage, loss, harm, physical or mental injury, emotional distress, death, disability, disfigurement or physical or mental illness to you or to any other person or entity; (ii) contains information or content that you know is false or misleading to others; (iii) contains information or content that is unlawful, libelous, defamatory, invasive of privacy or publicity rights, or otherwise violates the rights of third parties ; (iv) contains information that you do not have a right to make available under law or under any contractual or fiduciary relationship; (v) contains viruses, Trojan horses, worms, time bombs, or any other computer programs designed to damage, interfere with, intercept or expropriate the Service or its contents, or any computer programs having a similar effect; (vi) could be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; (vii) contains Hate Content, a Threat of Physical Harm or Harassment. For the avoidance of doubt, your User Content may not include, and digitalusa may remove or refuse to publish or promote, any User Content that violates the terms or policies of any third party platform with which the digitalusa Services integrate or interoperate.
INTELLECTUAL PROPERTY RIGHTS IN USER CONTENT
You retain copyright and any other intellectual property rights you already own in any User Content you post. You represent and warrant that any User Content you post is original to or owned by you, or that you have obtained all necessary permissions and releases for the use of such content, and that all content you post on the Service does not infringe any copyright or other proprietary or intellectual property right of any other person or entity.
By posting your User Content, you do not forfeit any ownership rights you may have in it. However, you grant us a worldwide, non-exclusive, royalty-free, fully paid, assignable and transferable license to use, reproduce, distribute, prepare derivative works of, and publicly display and perform your User Content in connection with the Service and our business, in any media format or tangible form and through any media channels now known or later developed.
By providing User Content to the Service to other users of the Service, you grant such users a non-exclusive license to access and use such User Content in accordance with these Terms and the functionality of the Service.
USER CONTENT DISCLAIMER
We are not required to edit or monitor User Content posted by you or other users, and we will not be liable in any way for User Content. digitalusa may, however, at any time and without notice, review, delete, edit or block any User Content that, in our sole discretion, violates these Terms or is otherwise inappropriate. You understand that by using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against digitalusa with respect to User Content. If a user or content owner notifies us that User Content does not comply with these Terms, we may investigate the allegation and decide in our sole discretion to remove the User Content, which we reserve the right to do at any time without notice. For greater clarity, digitalusa does not permit copyright infringement activities on the Service.
CONTENT MONITORING
digitalusa does not control and has no obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that digitalusa reserves the right to, and may from time to time, monitor all information transmitted or received via the Service for operational and other purposes. If at any time digitalusa elects to monitor Content, digitalusa nevertheless assumes no responsibility or liability for the Content or for any loss or damage incurred as a result of the use of the Content. During monitoring, information may be reviewed, recorded, copied and used in accordance with our Privacy Policy.
SERVICE AVAILABILITY AND COMMITMENT
Although we strive to provide the most reliable software tools possible, interruptions and delays in access to the Service are unavoidable. Given that computer networks sometimes experience interruptions, we cannot guarantee that the Service will be 100% available to you. We monitor our systems continuously, and an engineer is usually available within an hour of service interruptions to take reasonable steps to resolve any reported problems, and we make reasonable efforts to restore service to our users promptly, often within 24 hours.
Regular backups of the database are made and retained at regular intervals. In the event of data loss, we will attempt to restore data from the most recent backup; however, we cannot guarantee that all lost data can be recovered or restored.
In no event will digitalusa or its suppliers be liable for any damages resulting from such interruptions or unavailability of the Service.
PROPRIETARY RIGHTS
The Service contains proprietary and confidential information protected by applicable intellectual property laws, and digitalusa and its suppliers retain all right, title and interest (including all copyrights, trade secrets, patents and other rights) in and to the Service and the Content included in the Service (with the exception of User Content). If you provide feedback regarding the Service, such as recommendations for improvements or features, we have the right to use such feedback in any way, and the implementation of such feedback belongs to us and may become part of the Service without compensation to you. We reserve all rights to the Service unless we expressly state otherwise. We also reserve the right to make changes or updates to the Service or Content provided on or through the Service at any time without notice, and we will own any such changes or updates (with the exception of User Content).
You may not :
decompile, disassemble or disassemble any object code that is part of or made available via the Service in any human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and then only if you notify us in writing in advance; copy, frame, partition or sell, distribute, transmit or otherwise disseminate any part of the Service; modify or create a derivative work of any part of the Service ; disable, interfere with or attempt to circumvent any of the Service’s features relating to security, prevention or restriction of use or copying of any Content, or enforcement of any limits on use of the Service or Content on the Service; or use, export or re-export any Content or any copy or adaptation of such Content in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations. All brand images, products and services used in the Service that identify digitalusa, our suppliers or our customers and our or their respective proprietary products and services are trademarks or service marks of digitalusa, our suppliers or our customers. Nothing in this Service shall be deemed to confer upon any person any license or right on the part of digitalusa or such supplier with respect to any trademark, logo or name.
LINKS TO WEB SITES
Our Service may contain links to other websites that we do not operate or control. We are not responsible for these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies or any other feature. You may be exposed to material on other websites that you do not like or that you find offensive. We are not responsible for that either. You should exercise discretion when visiting other websites. You should also read the terms and conditions and privacy policies of those other websites.
LINKS TO OTHER SERVICES
Our Service is integrated with other services (“Linked Services”).
The integration has been provided for the convenience of Users, and as such, Users access the Linked Services at their own risk. The Linked Services are not under the control of the Company, and the Company is not responsible for the content of such Linked Services. A link does not imply approval, sponsorship or affiliation of the linked site by the Company. Without limiting the generality of the foregoing, the Company is not responsible and shall not be liable for any viruses or other illegal code resulting from access to the Linked Services.
Employees acknowledge and accept that the functionality of the Linked Services depends on the Customer granting Users access to the Service. As long as Users use the Company’s Service and its Linked Services, Users acknowledge and agree that the Company will have access and a license to use the content of such Linked Services.
Users acknowledge and agree that they are simultaneously bound by the terms and policies of each Linked Service, which may specify rules and restrictions for publishing certain content, and the practices of the Linked Services for using, storing and facilitating the exercise of certain rights regarding personal information. Users further acknowledge and agree that they are solely responsible for reviewing and agreeing to the terms of the Linked Services and for any liability arising from or related to their violation of such terms. The terms of each Linked Service, which apply only to the extent that a User links to or otherwise uses the Linked Service, may be viewed via the following links:
Facebook
Twitter
Instagram
LinkedIn
Google Privacy Policy
YouTube Terms of Service
Tiktok
Pinterest
With Linked Services for third-party integration, Users may be asked to verify credentials in the future. Users are responsible for tracking, refreshing and monitoring credentials. Please see the Company’s Privacy Policy for more information on how Users can modify security settings for these Linked Services.
Users acknowledge and agree that Linked Services may add, delete, split and modify other features of their third-party services (“Modifications”). The Company is not responsible and shall not be liable for any disruptions to our Service caused by Modifications to Linked Services.
INDEMNIFICATION
You agree to indemnify and hold the Company (and its officers, employees and agents) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any applicable law or regulation, or (d) your User Content. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any dispute without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding as soon as it becomes aware of it.
DISCLAIMERS OF LIABILITY
The Service is provided on an “as is” and “as available” basis, and, to the extent permitted by applicable law, the Company (and our suppliers) expressly disclaim all warranties and conditions, whether express, implied or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy or non-infringement. We (and our suppliers) do not warrant that the Service will meet your requirements, be available on an uninterrupted, timely, secure or error-free basis, or be accurate, reliable, free of viruses or other harmful code, complete, legal or secure.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will the Company (or our suppliers) be liable to you or any third party for any lost profits, lost data, cost of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising out of or in connection with these Terms or your use of, or inability to use, the Service, even if the Company has been advised of the possibility of such damages. Access to and use of the Service is at your own risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the fullest extent permitted by law, our liability to you for any damages arising out of or in connection with these Terms (for any cause whatsoever and regardless of the form of action), shall at all times be limited to a maximum of fifty pounds sterling (GBP 50). The existence of more than one claim will not increase this limit. You agree that our suppliers shall have no liability whatsoever arising out of or in connection with these Terms.
DURATION AND TERMINATION
These Terms are effective upon your acceptance of the Terms or your first download, installation, access or use of the Service.
Subject to this section, these Terms will remain in effect for as long as you use the Service. We may suspend or terminate your rights to use the Service (including your account) at any time and for any reason in our sole discretion, including without limitation for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your account and your right to access and use the Service will terminate immediately. You understand that termination of your account may result in the deletion of your User Content associated with your account from our live databases. The Company will have no liability to you for any termination of your rights under these Terms, including termination of your account or deletion of your User Content. You understand that we may also continue to make your User Content available on the Service even if your use of the Service is terminated or suspended.
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; and (c) you must pay the Company any outstanding amounts that were due prior to termination.
We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice. The Company shall have no liability for any modification of the Service or any suspension or termination of your access to or use of the Service. Premium service fees and lifetime offers are non-refundable.
MODIFICATIONS
These Terms are subject to revision from time to time, and if we make any material changes, we may notify you by sending an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most recent e-mail address. In the event that the last e-mail address you provided to us is invalid, or for any reason is unable to provide you with the notice described above, our sending of the e-mail containing such notice will nevertheless constitute effective notice of the changes described in the notice. Any modifications to these Terms will be effective on the earlier of thirty (30) calendar days following our sending of e-mail notice to you (if any) or thirty (30) calendar days following our posting of notice of the modifications on our Service. These changes will be effective immediately for new users of our Service. Your continued use of our Service following notification of such changes will indicate your acknowledgement of such changes and your agreement to be bound by the terms and conditions of such changes.
GENERAL PROVISIONS
Entire Terms. These Terms constitute the entire agreement between you and us with respect to the use of the Service.
Waiver. A waiver by the Company of any right or remedy under these Terms will be effective only if in writing, executed by a duly authorized representative of the Company and will apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not constitute a waiver of such right or remedy, nor shall it preclude any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy will preclude or restrict any subsequent exercise of that or any other right or remedy.
Headings and Interpretation. The section headings in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including, without limitation”.
Severability. If any provision of these Terms is for any reason held to be invalid or unenforceable, the remaining provisions of these Terms shall remain unaffected and the invalid or unenforceable provision shall be deemed modified so as to be valid and enforceable to the maximum extent permitted by law.
Attribution. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the prior written consent of the Company, and any attempted assignment, subcontracting, delegation or transfer in violation of the foregoing shall be null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms will be binding on assignees.
Applicable law and jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. You agree that the English and Welsh courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.
Consent to Electronic Communications. Communications between you and the Company use electronic means, whether you use the Service or send e-mails to us, or the Company publishes notices on the Service or communicates with you by e-mail. For contractual purposes, you (a) consent to receive communications from the Company in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in paper form.
Copyright / Trademark Information. Copyright © 2024 digitalusa. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You may not use these Marks without our prior written consent or the consent of the third party that may own the Marks.
Contact details. The Service is offered by :
digitalusa Inc.
Tel- +16476979242
contact@digitalusa.us
2233 Argentia Road, Suite 302, East Tower, Mississauga, ON, L5N 6A6