Terms and Conditions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Digitally Mark.
• Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
• Service refers to the Website.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
• Third‑party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.
• Website refers to Digitally Mark, accessible from https://digitallymark.com/.
• You means the individual accessing or using the Service, or the company, or other legal entity on whose behalf such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms 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. If you disagree with any part of these Terms, you may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Company’s Privacy Policy. Please read our Privacy Policy carefully before using the Service.

Links to Other Websites

Our Service may contain links to third‑party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third‑party websites or services.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and privacy policies of any third‑party websites or services you visit.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and your exclusive remedy shall be limited to the amount actually paid by you through the Service or 100 USD if you haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, loss of profits, data, business interruption, personal injury, loss of privacy) arising out of or in any way related to the use of or inability to use the Service, third‑party software and/or hardware used with the Service, or otherwise in connection with any provision of these Terms, even if advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non‑infringement, and warranties arising from course of dealing, performance, usage or trade practice.

Without limitation, the Company makes no representation that the Service will meet your requirements, achieve intended results, be compatible with other software, operate without interruption, meet performance or reliability standards, or be error‑free, or that errors or defects can or will be corrected. Neither the Company nor providers make any representation regarding operation or availability, uninterrupted or error‑free service, accuracy or currency of information, or freedom from harmful components.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on consumer rights, so some or all of the above exclusions and limitations may not apply. In such cases, the exclusions and limitations shall apply to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or designated as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, failure to exercise a right or require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:
By email: info@digitallymark.com