Terms of Service

This website is operated by Digi Cafe LLC ("Digi Cafe"). Throughout the site, the terms “we”, “us” and “our” refer to Digi Cafe. By accessing or using our website, you accept and agree to be bound by these terms and conditions ("Terms of Service"). These Terms of Service apply to all users of our website, including without limitation users who are browsers, vendors, customers, merchants, and content contributors.

Please read these Terms of Service carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Our Services are available to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. Any new features or tools added to the site will also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Items

  1. Account
  2. Digi Cafe Content
  3. Subscriptions
  4. Payments
  5. Refunds
  6. User Conduct and Responsibilities
  7. Suspension, Termination
  8. Links to Other Websites
  9. Privacy Policy
  10. Licenses from Digi Cafe; Ownership of Digi Cafe Content
  11. Modifications to Service
  12. Notices
  13. Disclaimers
  14. Limitation of Liability
  15. Indemnity
  16. Miscellaneous
  17. Contact Us

  1. Account

    To use our Service, you must sign up for an account and login using the Netlify Widget, our user authentication interface. We have currently enabled logging in with either your e-mail address and password or a Google login. It is your responsibility to ensure that your account information is accurate and up-to-date, and you may not share your account with anyone else.

    As the account holder, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account. If you become aware of any unauthorized use of your account or a security breach, you must notify us immediately.

    When you create an account on our Service, you agree to receive transactional emails, newsletters, marketing or promotional materials, and other information from us. If you wish to opt-out of receiving promotional and marketing communications, you can do so by following the unsubscribe link or instructions provided in any e-mail we send. However, you cannot opt-out of receiving transactional e-mails about your purchases or important emails about your use of the Service.

  2. Digi Cafe Content

    Upon your payment of any applicable fees, we grant you a non-transferable, royalty-free license to access and use any content ("Content") you purchase through our Services, subject to the terms and conditions set forth in these Terms of Service. The Content is owned by Digi Cafe, and you may only use the Content for your own personal, non-commercial purposes.

    You may not reproduce, modify, translate or create any derivative work of the Content, or sell, share, rent, lease, loan, provide, distribute, or otherwise transfer the Content to any third party. You may not attempt to circumvent any security measures or gain access to Content that you have not paid for, or permit or encourage any third party to do so. If we allow you to download any Content, you may only download a single copy for your personal, non-commercial use, and you may not share it with third parties.

    By purchasing and using the Content, you agree to abide by these terms and conditions. Any violation of these terms may result in the immediate termination of your license to access and use the Content without notice or refund.

  3. Subscriptions

    When you choose to subscribe to our Service, you will be billed on a monthly recurring and periodic basis ("Billing Cycle") in advance, subject to your payment of any applicable fees.

    To process payment for your Subscription, you must provide a valid payment method. By providing your payment information, you authorize Digi Cafe to charge all Subscription fees incurred through your account to the payment instrument you provided.

    At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions, unless either you or us cancels it. You may cancel the Subscription renewal by contacting our customer support team or through your online account management page.

    The subscription cost is the price displayed on the Subscription page at the time of purchase. We may modify the fees at any time, but we will notify you in advance of any changes to Subscription fees. If you have already purchased a Subscription, any fee changes will be effective at the end of the current Billing Cycle.

    We will provide you with reasonable notice of any change in Subscription fees, giving you an opportunity to terminate your Subscription before the change becomes effective. If you continue to use the Service after the Subscription fee change takes effect, you agree to pay the new fee amount.

  4. Payments

    To purchase a Subscription, you must provide our third-party payment processor, Stripe, with certain information, including your name, credit card number, expiration date, and billing address. Stripe is only permitted to use this data to process your purchase.

    By making a purchase using a credit card or another authorized payment method, you represent and warrant that you have the legal right to use the credit card or payment method and that the information you provide to us is true, correct, and complete.

    We reserve the right to refuse or cancel your order at any time, including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order, or suspected fraud or unauthorized or illegal transactions.

    If automatic billing fails for any reason, we will issue an electronic invoice requiring you to make the full payment for the billing period indicated on the invoice manually by a certain deadline date.

  5. Refunds

    If you purchase a Subscription and decide to cancel within twenty-four hours of purchase, you may apply for a refund. We reserve the right to decline refund requests for any reason, including if we suspect abuse of the refund system or intentional fraudulent behavior.

    Upon cancellation of a Subscription, all rights you have in any Content you acquired prior to cancellation will be immediately revoked, and you must delete all copies of any Content you have downloaded or cached.

  6. User Conduct and Responsibilities

    Your use of the Service is subject to all applicable local, state, national, and international laws and regulations. We provide a Discord forum for discussion, and you are responsible for any content that you post on or through the Service, including its legality, reliability, and appropriateness. You agree not to use the Service to make available and transmit any content that would violate any local, state, national, or international law or encourage or instruct a criminal offense (including, without limitation, the CAN-SPAM Act). Additionally, you agree not to use the Service to make available or transmit any content that:

    • violates any party's rights, including, without limitation, rights of privacy and publicity;
    • is obscene, lewd, lascivious, violent, or otherwise objectionable;
    • victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
    • displays material that exploits children or otherwise exploits children under 18 years of age;
    • is false or misleading;
    • infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any party;
    • is unsolicited or unauthorized, including advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
    • includes private information of a third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
    • introduces viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
    • you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
    • is, in our sole judgment, objectionable or which restricts or inhibits any other person from using or enjoying the Service or which may expose Digi Cafe or its users to any harm or liability of any type.

    Digi Cafe does not control and is not responsible for what users contribute to the Service, and is not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content that may be distributed through the Service. Digi Cafe is not responsible for the conduct, whether online or offline, of any user of the Service.

  7. Suspension, Termination

    We reserve the right to immediately terminate or suspend your account and deny access to the Service without prior notice or liability, at our sole discretion, for any reason, including but not limited to a violation of these Terms.

    Should you wish to terminate your account, you may do so by discontinuing your use of the Service.

    All provisions of the Terms that by their nature should survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall remain in effect even after termination.

  8. Links to Other Websites

    The Service or Content may include links to third-party websites, which are under the control of third parties ("Third-Party Content"). Digi Cafe does not investigate, monitor, or verify the accuracy, appropriateness, or completeness of Third-Party Content, and Digi Cafe is not responsible for any Third-Party Content accessed through the Service or provided by third parties.

  9. Privacy Policy

    We care about the privacy of our users. Use of the Service is governed by our Privacy Policy www.digicafe.io/en/privacy-policy.

  10. Licenses from Digi Cafe; Ownership of Digi Cafe Content

    All content on the Service, except for Author Content, is the exclusive property of Digi Cafe, and all rights are reserved. You are granted a limited, revocable license to use the Service and its contents in accordance with these Terms. Unless explicitly stated, nothing in these Terms shall be construed as granting you any license or rights to Digi Cafe's intellectual property, whether by estoppel, implication, or otherwise.

    The Service is protected to the fullest extent possible by copyright laws and international treaties. You are prohibited from decompiling, disassembling, or reverse-engineering any source code within the Service. Additionally, you agree not to take screenshots of any Service content, reproduce, duplicate, copy, sell, resell, or exploit any aspect of the Service for any commercial purpose.

    All registered and unregistered trademarks are protected by U.S. and international trademark laws.

  11. Modifications to Service

    At Digi Cafe, we reserve the right to modify or terminate any or all portions of the Service, with or without cause, at any time and effective immediately. We may also add new features or modify existing features without notice to you. If we make any changes to the Service, we will update these Terms of Service accordingly. We shall not be liable to you or any third party for any modification or termination of the Service. If you object to any modifications or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.

  12. Notices

    Any notice required to be given under these Terms of Service shall be in writing and may be provided by e-mail or regular mail. Digi Cafe may also provide notices or messages through the Service or the email address you provided during registration to inform you of any changes to the Terms, the Service, or other important matters. Any such broadcasts shall be deemed to provide you with notice.

  13. Disclaimers

    The Service may be temporarily unavailable from time to time for maintenance or other reasons. Digi Cafe assumes no responsibility or liability for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft, or destruction or unauthorized access to, or alteration of, Content.

    Under no circumstances shall we be held liable for any loss or damage, including but not limited to any loss or damage to any Content or personal injury or death, arising from anyone's use of the Service, any Content, or Third-Party Sites linked to or posted on or through the Service, or any interactions between users of the Service, whether online or offline.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    THE SERVICE, AND ALL CONTENT, AUTHOR CONTENT, THIRD-PARTY CONTENT, PRODUCTS, AND SERVICES INCLUDED IN THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. Digi Cafe DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    DIGI CAFE MAKES NO WARRANTY OR REPRESENTATION REGARDING (I) ANY CONTENT, AUTHOR CONTENT, THIRD-PARTY CONTENT, PRODUCT OR SERVICE OFFERED OR SOLD THROUGH BY ANY AUTHOR OR THIRD PARTY, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, (III) THE CURRENCY, ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY, OR RELIABILITY OF ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SERVICE, OR (IV) THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, PRODUCTS, OR MATERIAL. ADDITIONALLY, DIGI CAFE DOES NOT GUARANTEE THAT THE WEBSITE AND/OR SERVICE WILL MEET ANY OF YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

    USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE WEBSITE, SERVICE, OR YOUR AUTHOR CONTENT.

  14. Limitation of Liability

    DIGI CAFE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATING TO (I) ANY CONTENT, (II) YOUR USE OR MISUSE OF, OR RELIANCE ON, THE SERVICE, OR (III) YOUR INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). IN NO EVENT SHALL THE LIABILITY OF DIGI CAFE OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED $10,000 OR THE IMMEDIATE TWELVE (12) MONTHS OF SERVICE LICENSE FEES PAID BY YOU TO DIGI CAFE, WHICHEVER IS LOWER. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF DIGI CAFE OR ITS AUTHORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

  15. Indemnity

    You agree to indemnify and hold Digi Cafe, its subsidiaries, and affiliates, as well as their respective directors, officers, agents, contractors, partners, and employees, harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of your use of the Service, your actions related to the Service, any Author Content you provide (if applicable), or any violation of these Terms or any law or the rights of any third party, to the fullest extent permitted by law.

  16. Miscellaneous

    Waiver and Severability of Terms: Digi Cafe's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of Digi Cafe. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

    Choice of Law and Forum: This Agreement shall be governed by and construed in accordance with the laws of the State of Vermont, excluding its conflict of law provisions. You and Digi Cafe agree to submit to the exclusive jurisdiction of the state and federal courts located in Vermont for any disputes arising out of or related to these Terms or the Service.

    Statute of Limitations: You and Digi Cafe agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose, or it will be permanently barred. Some jurisdictions may not allow for such a limitation of time period, and in such jurisdictions, the applicable time period shall be the minimum allowed by law.

    Promotions: Any contests, sweepstakes, or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules shall apply.

  17. Contact Us

    If you have any questions about these Terms, please contact us at partners@digicafe.io

Last updated: Spring, 2023

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