Terms of Service

BY ACCESSING, USING THE WEBSITE, THE APPLICATION AND/OR SIGNIFYING YOUR ACCEPTANCE TO THESE TERMS OF SERVICE,

YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE APPLICATION OR THE WEBSITE. YOUR USE OF AND ACCESS TO THE SERVICE IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.

This document contains information explaining your rights to access and use Digintu website (the “Website”) and application ("Application" or "Service(s)") and constitutes a binding agreement between you and Digintu. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Digintu for products, services or otherwise.

While we make reasonable efforts to provide accurate and timely information about our Website and Application, you should not assume that the information is always up to date or that the Site contains all the relevant information available about Digintu.

1. DEFINITIONS AND INTERPRETATIONS

• “Digintu” means DigIntu Tech Limited, a developer and publisher of software applications, web applications, and mobile applications made available via its websites and Apps stores, which is incorporated in the Czech Republic (registration number CZ05233518), whose registered office is at Hermanova 61, 17000 Prague, Czech Republic.
• “Device(s)” means any application access devices, including but not limited to personal computers, laptops, mobile telephones, tablets, personal digital assistants, PDA telephones employed for the use of and access to Digintu applications.
• “Intellectual Property Rights” mean all copyright and rights in the nature of copyright, design rights, patents, trademarks, database rights, applications for any of the above, moral rights, rights in confidential information, know-how, domain names, future intellectual property rights and any other intellectual or industrial property rights (and any licenses in connection with any of the same) whether or not registered or capable of registration and whether subsisting in any part of the world.
• “Service(s)”, "Application", or “App” mean services of Digintu software applications, web applications, mobile applications and/or site, computer, or devices that host the Service.
• “T&C” mean these Terms and Conditions as varied and amended by Us from time to time at its sole discretion.
• “You” and “Your”relates to you, the user of the applications or site, or the entity that you are acting on its behalf.
• “We”, “Our” and “Us” relates to Digintu and the companies within the same corporate group.
• “Account Owner” means You, as the individual who establishes the Account, the legal entity, the owner of the legal entity, and any other entity and/or person in whose name the Account is established, all of whom are agreed to be jointly and severally obligated under these Terms of Service.
• “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act and their implementing regulations as amended from time to time.
• "GDPR" means General Data Protection Regulation, as a regulation in EU law on data protection and privacy in the European Union and the European Economic Area. 
• “Payment Data” means any personal or financial information collected from a credit card, debit card or other payment method, including but not limited to a cardholder’s account number, card expiration date, and CVV2.
• “Protected Health Information” or “PHI” means protected health information as defined by HIPAA’s Privacy Rule found at 45 C.F.R. §160.103.
• “Transaction Data” means your information, information about your peers, colleagues, prospects, clients or patients, Payment Data, transaction information, bank information, and credit card information including without limitation tokenized account information, tokens, and token access codes, account information or other data or information of any kind that is provided by or generated or collected on your behalf, or your peers, colleagues, prospects, patients or client by the Service. 
• “User Data” means any audio, video, media, images, data that you or your peers, colleagues, prospects, clients or patients upload, stream or submit to the Application, Website, or other areas of the Service, or generated or collected on your behalf from the Service or third parties, including but not limited to Protected Health Information as that term is defined below, video, image and sound data, and Transaction Data;

1. Eligibility & Acceptance

The service is not targeted towards, nor intended for use by, anyone under the age of 18. A USER MUST BE AT LEAST AGE 18 TO ACCESS AND USE THE SERVICE. If You are younger than 18 years, you can only access or use Our services, if your parent(s) or legal guardian have/has reviewed this Agreement and allowed you to access and use Our Services. Digintu may require adequate proof of your identity and age and consent from a parent or guardian at any time.

The Service is available for Business Individuals, or Organizational / Corporate Users only. Therefore, you undertake to use the Service only in connection with your entrepreneurial, commercial, artisan or professional activity and, by accepting these T&C, you specifically acknowledge and declare that (i) you are acting in the exercise of your entrepreneurial, commercial, artisan or professional activity, or you are an intermediary thereof; and consequently (ii) any applicable provisions on consumers’ protection shall not apply to you and/or to your use of the Service.

These T&C shall take effect immediately upon Your first use of the Services. If You wish to use more than one Service covered by these T&C, You are expected to agree and accept these T&C each time using a new Service.

You further acknowledge that Your failure to comply with these T&C may result in disqualification and/or legal action against You as deemed appropriate and as more particularly detailed below.

2. Privacy

Providing our Services requires collecting and using your personal information. The Privacy Policy, which is an integral part of these T&C, explains how we collect, use, and share information. It also explains the ways you can control your information access.

3. Email Communications

If You leave Your email on the Site, You are, by default, opted in to receive email communications, including marketing communications, from Digintu (“Email Communications”). If You do not wish to receive communications from Digintu, please, do not share Your email with Us.

You may request to opt out of receiving marketing communications from Digintu. Please address Your inquiry to legal@digintu.tech.

4. Modification

We reserve the right to suspend, discontinue, modify, remove or add any features or functionalities in the Service, temporarily or permanently, in its absolute discretion with immediate effect and without an obligation to notify You and We shall not be liable in any way whatsoever for any loss suffered as a consequence or any decision made by Us in this regard.

5. Ownership

Unless otherwise indicated, the Service and all content and other materials therein, including, without limitation, all copyrights, trade secrets, patents, trademarks, domains and other Intellectual Property Rights in and to the Service, interface, design, features and functionality, any information, images, photos, videos, video effects, communications, logo, text, graphics, information, data, software, sound files, other files and the selection and arrangement thereof are the property of Digintu or Our respective licensors.

Digintu owns Intellectual Property Rights in and to the Service, except User Data, including the Digintu Software, the Websites, Application, and in and to our trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the “Digintu Marks”). You understand that such Intellectual Property Rights are apart from any rights You may have in User Data you upload, stream or submit to the Service. You acknowledge and agree that Digintu and its licensors own all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, other than with respect to User Data. Except as expressly granted in this Agreement, all rights, title, and interest in and to the Service, except all User Data, and in and to the Digintu Marks are reserved by Digintu. Copyright, trademark and other laws of the European Union and foreign countries protect the Service and the Digintu Marks.

You do not gain any rights to the Service due to using it. For the purposes of adding content to our Service we may engage suppliers. If we do so, We will let You know and make available any references to information of high importance.

6. Usage, Fees

You must establish an account (“Account”) with Digintu to use the Service. You agree to provide accurate, current, and complete information about You as prompted by the Registration Form and as required to be added in the “Profile” or other page on the Application. Digintu will designate You as the Account Owner.

You, as the Account Owner, are responsible for all activities conducted through your Account, including activities of your clients, and you are responsible for all activities conducted through your user name and are responsible for Users to whom you grant access to your Account, including your peers, colleagues, prospects, clients or patients and those you authorize to access your Account on behalf of yourself, or clients or patients. In the event that fraud, violation of law, regulation or rule, or conduct that violates these Terms of Service occurs (whether by you or someone else) that is in any way connected with your Account, we may suspend or terminate your use of the Service and your Account and you shall be financially responsible to Digintu for the consequences of such use.

At the time Your Account is created, You must select a password. You are responsible for maintaining the confidentiality of Your password and are responsible for any damages, claims, losses or other harm resulting from Your disclosure of Your password, authorization of the disclosure of Your password, or any person’s use of Your password or Your Account and those who gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of Your password to any other person is at your own risk. Account Owners must have separate user names and passwords. Users may not share entry identifications and authentication passwords and any sharing may result in a suspension or termination of access for the User and the Account Owner, and/or an increase in charges, at Digintu’s sole discretion.

Digintu provides the Service for the fees and other charges set forth on the Website at /pricing/ or other location on the Website. All prices listed exclude all sales taxes, fees, use taxes, charges, duties, levies and similar governmental charges imposed on the provision of the Service and all such Sales Taxes shall be borne solely by and paid by the Account Owner to Digintu and deemed to be in addition to the fees charged in connection with the Service. Where applicable, Account Owner shall be responsible for all Sales Taxes and Digintu reserves the right to collect Sales Taxes retroactively. We may, at any time, add new services for additional fees and charges, or prospectively modify fees and charges for existing services (including prospectively charging fees for the Service not previously charged for) on notice as provided herein. You acknowledge that it is Your responsibility to ensure payment in advance for all paid aspects of the Service, and to ensure that your credit or debit cards or other payment instruments accepted by Digintu and/or its processor, including Stripe and PayPal, continue to be valid and sufficient for such purposes. We may suspend or terminate Your use and Your Account’s use in the event of any payment delinquency. Other services are available from Digintu and the agreement with respect to those services and fees due to Digintu incorporate by reference these Terms of Service as well as any specific terms and conditions presented to you. You will not be entitled to any refund on termination or expiration of the Agreement. All payments once made to Digintu shall have been earned by Digintu as of the date of payment. You will not be entitled to any refund for the partial use of the Service or credits at any time.

Digintu reserves the right to add, modify, discontinue or eliminate aspect(s), features or functionality of the Service from time to time for any reason including without limitation for purposes of compliance with applicable laws and regulations, to effect improvements in security and functionality, to correct errors, or for any other purposes, at its sole discretion.

As a part of the Service, Digintu may make available to You various content via the Service, including any software, images, pictures, graphics, photographs, animations, audio, visual, audiovisual works and text or other content (“Content”). The Content is the property of Digintu or Our suppliers, and You do not gain any rights to the Content due to using the Service or the Site.

The rights granted to you in this Agreement are subject to the restrictions, where You are not permitted to, and You agree not to permit or authorize others to:

a. copy, reproduce, modify, reverse engineer, create derivative works from or distribute Digintu Service or any part thereof, including but not limited to Digintu Service content, or any copy, adaptation, transcription, or merged portion of it;

b. decode, disassemble, decompile or otherwise translate or convert Digintu Service;

c. distribute, publicly display and broadcast the Service;

d. sell, transfer, license, distribute, loan, lease, assign, rent, or otherwise sublicense Digintu Service or Your access to the Service;

e. use the Service or the Content for any purpose other than Your business use;

f. remove, alter, or obscure any copyright, trademark, attribution and any other proprietary notices from the Apps or the Site or the Content.

Digintu hereby grants You a limited, non-sublicensable, non-exclusive, non-transferable, non-assignable, revocable license right to access and use the Service and the Service content specifically as set forth in these Terms of Service and expressly conditioned upon You and Your Account remaining active, in good standing, and in full compliance with these Terms of Service; no ownership interest in the Digintu Service is transferred to You. If You want to resell the Service for some commercial purposes, please contact Us via email legal@digintu.tech.

7. Acceptable Use

It is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Service. Any use of the Service is at Your sole option, discretion and risk and may only be for lawful purposes. By using the Service, You acknowledge that You do not find the Service to be offensive, objectionable, unfair, or inappropriate in any way.

As a condition of Your use of the Service, You warrant and undertake that You shall not use or access the Service for any unlawful purpose under any law that is applicable to You or that is prohibited by or in breach of these T&C. In particular (and in addition to all other representations and warranties set out in these T&C) You warrant as a condition of use of the Service that:

• You are 18 years old or older
• You are using the Service solely for Your own legal capacity or on behalf of another company;
• Your use of the Service is at Your sole discretion and risk;
• You will not conduct criminal or other unlawful activities through the Service and You shall not allow other persons to use the Service for any unlawful activities under any law applicable to You or Us
• You will not solicit or in any way seek to obtain any information, including personally identifiable information, relating to other users
• You will not intercept or monitor, damage or modify any communication which is not intended for You;
• You will not upload or distribute any software program, file or data that contains viruses, spiders, robots, worms, trojan-horse or any code or instructions which are corrupted or may negatively affect the Service performance;
• You will not impact or attempt to impact the availability of the Service, with a denial of service (DOS) or distributed denial of service (DDoS) attack or use the Service in a way that could damage, disable, overburden, or impair its functioning;
• You will not attempt to modify, decompile, reverse-engineer or disassemble the Service in any way;
• You will not post, submit or transmit through the Service any unlawful, harassing, abusive, threatening, libellous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, material containing nudity or sexual content, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law to Us, to any other users of Service or to any other third parties;
• You will not sell or otherwise transfer Your profile;
• You will not use any information obtained from the Service in order to harass, abuse, or harm another person;
• You will not initiate and/or engage in surveys, contests, chain letters or post/transmit “junk mail”, “spam” or any unsolicited mass dissemination of email against (or relating to) Us or other users;
• You will not interfere with any other party’s use and enjoyment of the Service;
• You will not submit, post, upload or grant Us access to any information or material that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, or other Intellectual Property Rights;
• You will not encourage or promote any activity that violates these T&C.

In case the Service are used in the manner or for purposes, which can be considered illegal, or violating third parties’ rights or with other violations the User will be solely responsible for any and all legal consequences of such usage.If You see content that violates the restrictions set out above, please contact Us at legal@digintu.tech

We do not guarantee that the Service can be used on any particular device or with any particular service plan.

8. Protected Health Information

Our Privacy Policy describes how we use and share Personal Information (as such term is defined in the Privacy Policy), including any payment transaction data (“Payment Data”) or Registration Data You provide, or other Personal Information we receive when You submit an inquiry or request further information, or receive updates and promotions about or related to the Service. Our Privacy Policy does not apply to any Personal Information contained within User Data that we collect and process only on your behalf when we provide the Service. “User Data” means any data or images that you or your clients or patients upload, stream or submit to the Application or Website, or other areas of the Service, or generated or collected on your behalf from the Servers, Website, the Service or third parties, including but not limited to Protected Health Information, video, image and sound data, and Transaction Data;

In providing you our Service, Digintu will not sell any Personal Information contained in User Data. Digintu will not retain, use or disclose the Personal Information You provide to us about Your peers, colleagues, prospects, patients, and clients except for the specific purpose of performing our obligations under these Terms of Service, including providing and improving the Service under these Terms of Service, nor will Digintu retain, use or disclose Personal Information about your peers, colleagues, prospects, patients, and clients outside of our direct business or contractual relationship with You or the legal entity under which You exercise or are employed. 

It is Your responsibility to comply with all applicable privacy and data protection laws and to ensure that You have provided all required notices and obtained all necessary consents (including with respect to third parties access) from Your Users, peers, colleagues, prospects, patients, and clients and that the User (including without limitation Your peers, colleagues, prospects, patients and Your clients) have agreed to the collection of their User Data and the access of their User Data by You, by us, and, where applicable, other third parties. Any sample documentation or features that is provided by Digintu for obtaining consent or other information from Users is for illustration only, and You alone (and not Digintu) are responsible to ensure that such documentation is adequate and enforceable. Digintu does not provide legal or compliance advice and You are responsible for retaining competent counsel and advisors for these purposes. 

In the event that we receive a subpoena, court order, or other legal request compelling the disclosure of any of your patients’ or clients’ User Data or any of Your data or information or any User Data, we will notify You of the existence of such subpoena, court order or other legal request prior to disclosing the data or information or any User Data. Unless ordered to not do so by a court of competent jurisdiction, requested not to do so by law enforcement, or unless our legal counsel advises us that prior notification is not required or in violation of applicable law. 

In the event of termination of this Agreement, whether by your cancellation of the Agreement, your breach of, or as otherwise provided in these Terms of Service, you can request Digintu to retrieve your User Data contained within the Service prior to the account termination date. It is your sole responsibility to request an export from your Account, containing the User Data contained within the Service before the account termination date and to ensure the secure preservation of User Data for your peers, colleagues, prospects, clients, and patients pursuant to federal and state law. Digintu will destroy the User Data for your Account.

In connection with User Data you stream, upload or submit to or which is created by the Service, you affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize Digintu to use, retain, copy, and process the User Data in the Service and as contemplated by this Agreement. You agree that by streaming, uploading or submitting any Content to or through the Service, and permitting Your Users (including without limitation clients and patients) to upload any Transaction Data into the Service, You hereby automatically at such time grant Digintu (and its affiliates) a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, perform and display  User Data and Transaction Data (including User Data and Transaction Data that is created, collected or generated by the Service or Digintu using the User Data and Transaction Data you submit) solely for the purposes of providing the Service. You agree that the license includes the right to copy, analyze and use any of Your User Data and Transaction Data as Digintu may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service. The license granted in this Section is referred to as the “Service Data License.” You also acknowledge that the Service Data License granted to Digintu with respect to Your content will survive the termination of your Account to permit Digintu: (i) to retain server copies of particular instances of Your User Data, including copies stored in connection with back-up, debugging, and testing procedures; and (ii) to enable the exercise of the licenses granted in this Section for any other copies or instances of the same User Data that You have not specifically deleted from the Service. Notwithstanding anything to the contrary herein, or in any payment processing agreement between You and the payment processor (including Stripe and Paypal), You also hereby provide Digintu (and its affiliates) an irrevocable perpetual royalty free, assignable license, authority, and permission to obtain, copy, and use, at Digintu’s request, without notice to You, from payment processors, banks, card, and gateway provider, which support the Service, all of Your Transaction Data and User Data for purposes of providing You the Service.

You acknowledge that You are responsible for all information and User Data you and those who are under the Account (including without limitation clients, patients) input into the Service. You understand and agree that You are bound by various laws and regulations, including but not limited to GDPR and HIPAA, which require that You preserve the availability, accuracy, integrity, and confidentiality of personal health information and personally identifiable information. You also acknowledge and agree that all of your activity within the Service is automatically logged and may be audited by administrators, regulators, or others.

9. Feedback

Separate and apart from Your content you provide, you may submit questions, comments, feedback, suggestions, improvements, ideas for new products, technologies, promotions, product names, product improvements (“Feedback”). If You send any Feedback to Us through the Service, You acknowledge and agree that We shall not be under any obligation of confidentiality with respect to the Feedback and You agree that Digintu shall have the right to use such Feedback and related information in any manner it deems appropriate. Please do not send us Feedback if you expect to be paid or want to continue to own or claim rights in it.

By submitting your Feedback, you grant Digintu and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the Idea and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting your Feedback, you hereby release Digintu and its agents and employees from any claims that such use violates any of your rights.

10. Ads and Links to websites

When you access or use the Service, it may display an ad, e.g. banners, rewarded videos and/or interstitial ads.

Sometimes you might see advertising available via suppliers we engage for providing Services to You.

Digintu Service may, from time to time, contain links to websites, which are outside of Our control and are not covered by these T&C. If You access the websites using the links provided, You will have to comply with the relevant terms and conditions of such websites. We do not accept any responsibility or liability for using the services provided on the websites, which You may access through links contained in Digintu Application, Service, or Website.

The operators of these websites may collect information from You, which will be used by them in accordance with their privacy policy, which may differ from ours. We do not accept any responsibility or liability for these policies. Please check these policies before You submit any information to these websites.

We are providing the links to websites to You only as a convenience, and the inclusion of any link does not imply endorsement by Us of its operators.

11. Virtual Meeting Platform

Digintu Virtual Meeting Platform is a solution for You to meet with Users remotely using video, audio, and other media capabilities. Digintu Virtual Meeting Platform is part of the Service and allows You to connect with peers, colleagues, prospects, patients, or clients.  

Your Responsibilities 

Prior to using Digintu Virtual Meeting Platform with patients or clients, You must give written notice to any person who attends a session or other recipient of Your services through Virtual Meeting Platform (such as patients and clients) and it is Your sole obligation to obtain a written consent from such attendees and recipients that contains the following minimum terms:

Digintu Virtual Meeting Platform is NOT an emergency service. In the event of an emergency, recipients of Virtual Meeting Platform must use an appropriate emergency service.

Though recipients of the Service may be in direct, virtual contact with You through Digintu Virtual Meeting Platform, neither Digintu nor the Digintu Virtual Meeting Platform service provides any counseling, medical or healthcare services or advice including, but not limited to, emergency or urgent medical services.

You are solely responsible for the delivery of any healthcare, medical advice or care through Digintu Virtual Meeting Platform by you.

Recipients of Virtual Meeting Platform should not assume that You have access to any or all of the User Data in the Service, or that such information is current, accurate or up-to-date. Digintu is not responsible for Your reliance or non-reliance on any information in the Digintu Virtual Meeting Platform service.

You are solely responsible for determining whether You are able and/or permitted to deliver advice, counseling, therapy, healthcare, or other virtual services. For each Virtual Meeting Platform session, You are solely responsible for: (a) confirming that You have the necessary licenses, connections, and qualifications to use Digintu Virtual Meeting Platform to deliver the session; and (b) providing healthcare, advice, or other care services using Digintu Virtual Meeting Platform within the scope of your licenses, qualifications, and applicable regulatory requirements.

YOU ACKNOWLEDGE AND AGREE THAT Digintu IS SOLELY PROVIDING THE VIRTUAL MEETING TECHNOLOGY PLATFORM AND IS NOT PROVIDING RECOMMENDATIONS, BUSINESS CONSULTATION, MEDICAL ADVICE, OR HEALTHCARE SERVICES. Digintu DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED – AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY – IN CONNECTION WITH ANY BUSINESS SERVICES, ADVISORY SERVICES, CONSULTING SERVICES, HEALTHCARE SERVICES, MEDICAL ADVICE, PRESCRIPTIONS, OR MEDICATION RECOMMENDATIONS DELIVERED THROUGH THE SERVICE.

Virtual Meeting Platform User Data Restrictions

You may not, nor may You permit Users to stream, upload, store or share any User Data that violates these Terms of Service or applicable law. Although we have no obligation to screen, edit or monitor User Data, we may delete or remove User Data at any time and for any reason.

Limitations on Number of Virtual Meeting Platform Participants

Virtual Meeting Platform sessions can support up to one (1) individual participant who is an attendee, a peer, colleague, prospect, patient, or client, in addition to one person who is the provider (i.e, You). A session with any number of individual participants exceeding one (1) is an unsupported version of the Application and may be suspended or interrupted by Digintu.  Additionally, without limiting the right to suspend or interrupt the session as provided in these Terms of Service, we have the right to remove Virtual Meeting Platform sessions with more than one (1) participant (as provided above) from your account if the network experiences adverse impact, or for any reason, at any time.

Virtual Meeting Platform Prohibited Conduct and Content

Users of Digintu Virtual Meeting Platform are solely responsible for their conduct while accessing or using the Digintu Virtual Meeting Platform. Such conduct will not violate these Terms of Service or any applicable law, contract, intellectual property or other third-party right or commit a tort. Without limitation to the foregoing, You will not:

• Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Digintu Virtual Meeting Platform service that Users are not authorized to access; or
• Use the Digintu Virtual Meeting Platform service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms of Service.

You may only stream, upload, or otherwise share User Data that You have all necessary rights to disclose. You may not stream, upload, store or share any User Data that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party;
• Contains any private or personal information of a third party, a client or patient, without a such third party, client, or patient’s consent;

In addition, although we have no obligation to screen, edit or monitor User Data, we may delete, remove or suspend the use of User Data at any time and for any reason. 

By accessing or using the Service, You consent to the processing, transfer, and storage of information about You and Users in and to the European Union, United States, and other countries, where Users may not have the same rights and protections as provided under local law.

12. Indemnification

You agree to defend, indemnify and hold harmless Digintu (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the Service, (ii) Your User Data, or (iii) your violation of this Agreement, (iiii) violation by You of any law or any third party rights, including Intellectual Property Rights. Digintu reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Digintu and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Digintu. Digintu will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Without prejudice to any other rights contained in these T&C, if You breach in whole or in part any provision contained in these T&C We reserve the right to take such action as We see fit, including terminating these T&C, immediately blocking Your access to the Service, and/or taking legal action against You.

You are responsible and liable for all activities that take place through the Service.

We will not be liable for any loss that You may incur as a result of someone else using the Service, either with or without Your knowledge. In addition, You may be held liable for any losses incurred by Us or another party due to someone else using the Service.

13. Disclaimers and Limitation of Liability

Digintu PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE APPLICATION, THE WEBSITES, THE SERVERS, AND YOUR ACCOUNT, STRICTLY ON AN “AS IS” BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR USER DATA OR ANY EXPENDITURE ON YOUR PART, Digintu AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR ACCOUNT RESIDING ON Digintu’ SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICE ON THIS BASIS. Digintu does not ensure continuous, error-free, secure, or virus-free operation of the Service, the Application, the Websites, or your Account, and You understand that You shall not be entitled to refunds or other compensation based on Digintu’s failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to You. 

For the avoidance of doubt, We further disclaim any and all warranties, representations, and responsibilities in respect of any aspect of the Service which may be provided by third parties, including but not limited to telecommunication providers, and shall not on any account be liable for any default, breach or inaction of such third party partners.

IN NO EVENT SHALL Digintu OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, EQUITY OWNERS, MANAGERS, SUBSIDIARIES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE, OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE Digintu APPLICATION, THE WEBSITES, THE SERVICE, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION), OR THIS AGREEMENT, WHETHER OR NOT Digintu MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL Digintu’S CUMULATIVE LIABILITY TO YOU EXCEEDS THE GREATER OF ONE HUNDRED FIFTY DOLLARS (U.S. $150.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to You.

You hereby acknowledge and agree that all disclaimers and exclusions of liability contained in these T&C represent a fair and reasonable allocation of the risks and benefits of these T&C, taking all relevant factors into consideration. You further agree that these disclaimers and limitations shall be enforceable to the extent permitted by applicable law.

14. Legal Relationship

You acknowledge that Your participation in the Service, including your creation, streaming or uploading of content in the Service, does not make You an Digintu employee and that You do not expect to be, and will not be, compensated by Digintu for such activities, and You will make no claim inconsistent with these acknowledgments. In addition, no agency, partnership, joint venture, or franchise relationship is intended or created by this Agreement. There are no third-party beneficiaries, intended or implied, under this Agreement.

15. Application of these T&C

If there is any conflict between these T&C and any other localized terms and conditions governing the use of and access to the Service to which You have consented, the localized terms and conditions shall prevail.

The English language version of these T&C shall be the prevailing version in the event of any discrepancy between any translated versions of these T&C.

We reserve the right to amend these T&C or any part thereof at any time. It is Your responsibility to check these T&C from time to time to ensure that You agree with them and Your continued use of the Service will be deemed to be Your acceptance of any amendments to these T&C. If You do not accept these T&C following an amendment, do not start or continue to use the Service.

16. Updates

We may automatically check Your version of the Service. We are of no obligation to make available any updates. However, We may offer You updates.

17. Governing Law

These T&C and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the European Union. Each party irrevocably agrees that the relevant courts of Prague (Czech Republic) shall have the exclusive jurisdiction in relation to any claim, dispute, or difference concerning these T&C and any matter arising therefrom and irrevocably waives any right that it may have to object to an action being brought in those courts or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Your use of the Service may also be subject to other local, state, national, or international laws.

We and You each agree that if You are a user of the Service located in the European Union, each of We and You may bring disputes against the other only on its or Your own behalf, and not on behalf of any other person or entity, or any class of people. We and You each agree not to participate in a class action, a class-wide arbitration, disputes brought in a private attorney general or representative capacity, or consolidated disputes involving any other person or entity in connection with any dispute.

18. Term and Termination

You may terminate this Agreement by closing your Account at any time for any reason. Subject to Digintu’s obligations, in such event, Digintu shall have no further obligation or liability to You under this Agreement or otherwise. You may not suspend Your own Account. If you suspend Your Account, then the Account will be deemed terminated. In addition, Digintu may suspend or terminate Your Account, without notice, for breach if You violate this Agreement or any terms regarding payment of required fees and charges due under this Agreement. Digintu may, at its sole discretion, provide you a grace period prior to termination, in the event of a breach or Your failure to pay fees and charges, without waiving its rights hereunder to terminate immediately upon such events.  We may suspend or terminate Your Account if we determine in our discretion that such action is desirable for any reason, or advisable to comply with applicable legal requirements or to protect the rights or interests of Digintu or any third party. Under no circumstances, will you will be entitled to compensation or a refund for any interruption, suspension or termination, and You acknowledge Digintu will have no liability to You or Users in connection with any interruption, suspension, or termination.

Upon termination of Your Account, all licenses granted by Digintu to use the Website, Application, and the Service will automatically terminate, and all User Data in Your Account will be retained no more than thirty (30) days after termination or expiration of Your Account or this Agreement and deleted on expiration of such thirty (30) day time frame. You are responsible for exporting all account data and ensuring the secure preservation of Personal Health Information for your peers, colleagues, prospects, clients, or patients pursuant to federal and state law, and ethical requirements. During the time frame beginning on termination or expiration of Your Account, your access to the Service will be limited to downloading your User Data.

Upon termination by You or by Digintu of your Account, You will not receive any refund of any amounts previously paid and You will remain liable for any charges incurred or unpaid amounts owed by You to Digintu.

19. Miscellaneous

You shall not assign, transfer, charge, create a trust over or otherwise deal in Your rights and/or obligations under these T&C (or purport to do so). We reserve the right to assign these T&C, in whole or in part, at any time without further notice to You.

If a provision of these T&C is or become illegal, invalid, or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

All provisions of these T&C which by their nature extend beyond the expiration or termination of these T&C, including, without limitation, the sections relating to legal use restrictions, prohibited activities, and dispute resolution, will continue to be binding and operate after the termination or expiration of these T&C.

The headings in these T&C are for reference only and do not affect the construction or interpretation of any provision.

If We fail or delay the performance of any obligation under these T&C due to the reasons of the occurrence of events which are beyond Our control, including, but not limited to acts of God, Government restrictions, wars, insurrections, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services and failure or shortage of power supplies or equipment, such failure or delay does not constitute a breach of these T&C.

Nothing in these T&C gives You the right to use any of Digintu’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

Neither failure nor delay on the part of Digintu to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege.

Nothing in these T&C shall create or confer any rights or other benefits in favor of any third parties not a party to these T&C.

Nothing in these T&C shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between You and Us.

These T&C constitutes the entire understanding and agreement between Us and You regarding the Service and supersedes any prior agreement, understanding, or arrangement between Us and You.

20. Questions

Please email Us at legal@digintu.tech with any questions You have about these T&C