DIGITTO's Website Terms & Conditions

TERMS

Terms & Conditions: DIGITTO’s General Website Terms

DIGITTO Media is committed to protecting the privacy of the data relating to our users, and their clients. We will collect, store, use and protect any personal information that you share with us. We will not share your information with anyone, except as described in this Privacy Policy.

Throughout this Privacy Policy, we will refer to our website, applications delivered via the web, and other related services collectively as the “Service.”

This Privacy Policy does not apply to information we collect by other means than your use of the Service (including offline) or from other sources. When you sign up for DIGITTO Media and use the Service you agree to accept this Privacy Policy.

We reserve the right to change this policy at any time, and if we do so, we will post changes and updates to this page. Please refer to this policy periodically to inform yourself if changes have been made.

We collect certain information through our website, located at https://digittomedia.com (our “Website”). This page (this “Privacy Policy”) lays out our policies and procedures surrounding the collection and handling of any such information that identifies an individual user or that could be used to contact or locate him or her (“Personally Identifiable Information” or “PII”).

Only DIGITTO Media reserves the right to sell our automation packages included with our plans. Customers are granted access to our digital goods and automation assets after checkout. These digital goods and assets may not be cloned outside our platform or sold to others. Customers will receive access to our digital assets and they may be cloned an unlimited number of times inside our platform. Due to the nature of digital goods all payments made for each monthly cycle are final.

By enterting your information on any of our forms you agree that you have read and accept our Terms of Service and Privacy Policy, and agree to receive marketing emails and texts from DIGITTO. By enterting your information on any of our forms and by clicking ‘Complete Order’ you agree you have read and accept our Terms of Service and Policy, and agree to receive marketing email and text from DIGITTO.

 

Information We May Collect

We collect the following Personally Identifiable Information from users who buy our products and services: name, email address, telephone number, address, and credit card number.

In addition, upon using the Service, individual transaction data obtained from your third-party invoicing or accounting application, (“Quickbooks,” “Xero,” “Clio” etc.) information collected via the browser, user generated content and other information uploaded to the website by the user, in conjunction with your use of the Service may be collected. Information obtained through these means that relates to the user’s client or customer to be invoiced through DIGITTO Media may at times be referred to as “Third-Party Client Information” throughout this Privacy Policy.

Additional information from or about you may also be collected in other ways, including responses to customer surveys and any communications with our customer service team.

We use “cookies” so that our Website can remember you and provide you with the information you’re most likely to need. For instance, when you return to the Website, cookies identify you and prompt the site to provide your username (not your password), so you can sign in more quickly. Cookies also allow our Website to remind you of your past usage and to suggest similar products and services. Finally, we use information gained through cookies to compile statistical information about use of our Website, such as the time users spend at the site and the pages they visit most often. Those statistics do not include PII.

Our Use Of Personally Identifiable Information

We use your Personally Identifiable Information to create your account, to communicate with you about products and services you’ve purchased, to offer additional products and services, and to bill you. We also use this information to the extent necessary to enforce our Website terms of service and to prevent imminent harm to persons or property.

When you use the Service, including accepting a payment, contacting customer service or requesting technical support, in addition to many other interactions with DIGITTO Media, we will apply the information that we have collected. Knowing this information allows us to verify your identity, communicate with you and enforce our agreements with you, as well as secure the best possible experience for all DIGITTO Media customers by ensuring compliance with applicable US state and federal laws and our own policies. We may also use this information to improve and enhance our offerings to you.

DIGITTO Media may use certain information about you without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.

 

Protecting Personal information

Information that can be used to identify a person is “Personally Identifiable Information”. This does not include information that has been aggregated or made anonymous. All information is securely stored on our servers in the United States. We employ the highest in industry standards to protect Personally Identifiable Information, as well as any information provided relating to your invoiced customers.

Third-party client and customer information, provided to DIGITTO Media by users, shall be considered confidential and shall not be disclosed to any third party, unless required to do so by law or subpoena or if we believe that such action is necessary to conform to the law, or comply with legal process served on us. Such information shall be utilized only for the purpose for which DIGITTO Media was created, which is to facilitate the billing and collection process for electronic billing of customers and clients.

Although DIGITTO Media utilizes the highest reasonable levels of data security in the industry, we cannon guarantee the security of PII or other information provided to us. By using our Website, you acknowledge and agree that we make no such guarantee, and that you use our Website at your own risk.

 

Sharing Personal information

DIGITTO Media will not rent or sell your Personal Information to others. We may store personal information in locations outside the direct control of DIGITTO Media (for instance, on servers or databases co-located with hosting providers). DIGITTO Media will share your Personal Information with a limited number of DIGITTO Media partners for the explicit purpose of providing services to you. If we do this, such third parties’ use of your Personal Information will be bound by terms at least as restrictive as this Privacy Policy.

As we develop our business, we may buy or sell assets or business offerings. Customer, transaction, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, bankruptcy, mergers, or dissolution.

Except as otherwise described in this Privacy Policy, DIGITTO Media will not disclose Personal Information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our User Agreement, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of DIGITTO Media, our customers or others.

 

Compromise of Personal Information

In the event that personal information is compromised as a result of a breach of security, DIGITTO Media will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, by email, or as otherwise required by applicable law.

 

DIGITTO Media shall not be liable for the transfer of any personal identification information resulting from loss or distribution of data, the delineation or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, sabotage, terrorism or any other event beyond DIGITTO Media’s control.

 

Your Choices About Your Information

You may, of course, decline to submit personally identifiable information through the Service, in which case DIGITTO Media may not be able to provide certain services to you. You may update or correct your account information at any time by logging in to your account. You can review and correct the information about you that DIGITTO Media keeps on file by contacting us as described below.

 

Information Relating To Minors

DIGITTO Media does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register with our Service. If you are under 18, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 is allowed to provide any personal information to or on DIGITTO Media. In the event that we learn that we have collected personal information from a minor under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us as described below.

 

Links to Other Web Sites

DIGITTO Media is not responsible for the practices employed by websites linked to or from our website, nor the information or content contained therein. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

 

Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by DIGITTO Media in its sole discretion. We reserve the right to determine the form and means of providing notifications to you.

 

Changes to Our Privacy Policy

If we change our privacy policies and procedures, we will post those changes on our website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.

Excessive Data Usage

Your excessive data use may cause the Service to be slow or unavailable. We have no liability for the effect that your excessive data use may have on Service performance. We may (1) suspend or terminate your use of the Service or (2) reduce the amount of data you are able to use, with or without advance notice, if we determine in our sole discretion that your data use is excessive, abusive or has a negative effect on the Services in any way. We provide the Service on a tiered-pricing basis, and some tiers can process more data with less impact on Service performance. Contact us if you would like more information about pricing for data usage that may be more appropriate for your needs..


Data Stored on Our Servers

Subject to our Privacy Notice , you agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Platform. You acknowledge that we reserve the right to remove or terminate accounts that have not paid a subscription Fee, that remain inactive for longer than one (1) year, or that have violated one or more terms of this Agreement.

User Customization

Portions of the Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with your and your Clients’ customized look and feel of the Platform. You acknowledge that you may not be able to customize the Platform according to your unique branding to the extent that your customization would appear to be independently developed. DIGITTO Media, LLC may remove any of your modifications at any time without advance notice and with no liability to you.

Included & Purchased Automations

Depending on the account chosen at signup or through an upgrade, customers may receive included automations that have many components included, such as templates and workflows. DIGITTO Media, LLC also offers paid automations that are pre-built and customizations through our consultant devision. At our discretion, DIGITTO Media, LLC reserves the right to offer “re-pushes” to customers who have removed, altered, or negatively changed their included or paid automations, but there is no offer that requires our representatives to re-push components of our automations for an infinite amount of time, these “complementary re-pushes” will be done at the discretion of our automation specialists and their supervisors! It is also important to know that depending on which component is repushed may overwrite other areas of previously pushed or modified automation components.


Content You Create

You own and retain all ownership rights to your data and User Contributions uploaded to the Service (“Your Data”). You grant us, the DIGITTO Team, and our service providers the right to use Your Data as necessary to provide the Services to you and as permitted by these Terms of Service and our Privacy Notice. You also grant DIGITTO the right to use Your Data to improve the Service, develop new services, and for other DIGITTO business purposes, subject to DIGITTO’s obligation to maintain the confidentiality of Your Data. If you are using the Services on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so. Subject to the limited license granted, we acquire no right, title or interest from you or your licensors under these Terms of Service.

Submission of Ideas. The Platform may include a platform through which users may submit ideas in connection with new products, Services and/or related features (each, an “Idea”). By submitting an Idea to DIGITTO, you agree to the following unless we have mutually agreed in writing otherwise:

You are submitting your Idea to DIGITTO on a voluntary, non-confidential, and gratuitous basis; You grant DIGITTO and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Idea you submit to DIGITTO without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Idea, and all rights therein, in the name of DIGITTO or its designees throughout the universe in perpetuity in any and all media now or hereafter known; DIGITTO may already be working on the same or a similar Idea, or it may have received a similar or identical idea from other sources; The Idea represents your own original work, you have all necessary rights to disclose the Idea to DIGITTO, and neither your disclosure of the Idea nor DIGITTO’s review and/or use of the Idea will infringe upon the rights of any other individual or entity; Disclosing your Idea to DIGITTO does not establish a confidential relationship or obligate DIGITTO to treat the Idea as confidential; DIGITTO has no obligation to develop or use your Idea and does not owe you or anyone else any compensation for any use of your Idea or any Ideas that are related to or derived from your Idea; DIGITTO assumes no obligation with respect to any Idea unless and until it enters into a written contract with you, and then only as expressed in such written contract; If your Idea is the subject of a patent that is pending or has been issued, you have or will disclose that fact to DIGITTO. DIGITTO acknowledges that to the extent you hold a patent in the Idea, no license under any patent is granted to DIGITTO; Any license to use a patented Idea shall be in the form of a written contract, and DIGITTO’s obligations shall be limited to only those in such written contract; DIGITTO is not obligated to review your Idea, give reasons for rejecting your Idea, or disclose any activities that are related to the subject matter of your Idea; You will not construe DIGITTO’s review of your Idea, or any discussion, negotiations or offer between yourself and DIGITTO relating to the possible purchase or license of your Idea, as recognition of the novelty, originality, priority, other rights, or value of your Idea, and DIGITTO’s discussions or negotiations with you will not in any way impair DIGITTO’s right to contest the validity or infringement of your rights; You hereby irrevocably release and forever discharge DIGITTO and the DIGITTO Team from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against DIGITTO or the DIGITTO Team with respect to the Idea, including without limitation in respect of how DIGITTO directly or indirectly uses the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement; and You agree that you are responsible for the content of the Idea and further agree (at DIGITTO’s option and at your sole expense) to defend, indemnify, and hold DIGITTO harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys’ fees, which DIGITTO or the DIGITTO Team may incur as a result of use of your Idea in accordance with these Terms of Service.

 

Email, Call, Text Rates:

DIGITTO Media has a simple credit system for emails, texts and calls in which each plans includes a certain number of credits in each plan. If the email or SMS limit is exceeded, charges will be: $0.00121 per email which is $1.21 per 1000 additional emails and $0.0135 per SMS Text Segement which is $1.32 per 100 segements.

 

AI Content Rates:

Content AI feature is included in all subscriptions and is only chargeable for every use based on words calculation. Meaning, if you don’t use it, you are not charged for it! If you choose to use our content generator for social media posts or other initiatives the rate is $0.198/1000 words – So, $10 gives you about 50,500 words of content! First 500 words are free. On enabling Content AI, based on usage around $0.09/1000 words.

 

Contact

Please contact us with any questions or concerns regarding our policy.
Autopilot Footer

Customer Support Team: [email protected]

 

Additional Website Terms and Service

 

Terms

By accessing the website at https://www.DIGITTOMedia.com (also referred to as DIGITTO or DIGITTO Media), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

 

User License

Permission is granted to temporarily download one copy of the materials (information or software) on DIGITTO Media website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on DIGITTO Media’s website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by DIGITTO Media website at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

Disclaimer

The materials on DIGITTO Media’s website are provided on an ‘as is’ basis. DIGITTO Media makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, DIGITTO Media does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

 

Limitations

In no event shall DIGITTO Media or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on DIGITTO Media’s website, even if DIGITTO Media or a DIGITTO Media authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

Accuracy of materials

The materials appearing on DIGITTO Media’s website could include technical, typographical, or photographic errors. DIGITTO Media does not warrant that any of the materials on its website are accurate, complete or current. The Zimmerman Agency may make changes to the materials contained on its website at any time without notice. However DIGITTO Media does not make any commitment to update the materials.

 

Links

DIGITTO Media has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DIGITTO Media of the site. Use of any such linked website is at the user’s own risk.

 

Modifications

DIGITTO Media may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

 

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Florida and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

 

Privacy Policy

Your privacy is important to us.

It is DIGITTO Media’s policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

We will make readily available to customers information about our policies and practices relating to the management of personal information.
We will only retain personal information for as long as necessary for the fulfillment of those purposes.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. DIGITTO Media may change this privacy policy from time to time at DIGITTO Media’s sole discretion.

AUTOMATION

Terms & Conditions: DIGITTO’s Marketing and Automation Platform 

DIGITTO Media is committed to protecting the privacy of the data relating to our users, and their clients. We will collect, store, use and protect any personal information that you share with us. We will not share your information with anyone, except as described in this Privacy Policy.

Throughout this Privacy Policy, we will refer to our website, applications delivered via the web, and other related services collectively as the “Service.”

This Privacy Policy does not apply to information we collect by other means than your use of the Service (including offline) or from other sources. When you sign up for DIGITTO Media and use the Service you agree to accept this Privacy Policy.

We reserve the right to change this policy at any time, and if we do so, we will post changes and updates to this page. Please refer to this policy periodically to inform yourself if changes have been made.

We collect certain information through our website, located at https://digittomedia.com (our “Website”). This page (this “Privacy Policy”) lays out our policies and procedures surrounding the collection and handling of any such information that identifies an individual user or that could be used to contact or locate him or her (“Personally Identifiable Information” or “PII”).

Only DIGITTO Media reserves the right to sell our automation packages included with our plans. Customers are granted access to our digital goods and automation assets after checkout. These digital goods and assets may not be cloned outside our platform or sold to others. Customers will receive access to our digital assets and they may be cloned an unlimited number of times inside our platform. Due to the nature of digital goods all payments made for each monthly cycle are final.

By enterting your information on any of our forms you agree that you have read and accept our Terms of Service and Privacy Policy, and agree to receive marketing emails and texts from DIGITTO. By enterting your information on any of our forms and by clicking ‘Complete Order’ you agree you have read and accept our Terms of Service and Policy, and agree to receive marketing email and text from DIGITTO.

Payments/Refunds

Payments for Services:Client acknowledges and agrees that all fees and charges for the use of DIGITTO Media’s automation platform are non-refundable, regardless of the nature of the services provided or the duration of the subscription.

No Refunds: DIGITTO Media does not provide refunds, in whole or in part, for any reason, including but not limited to:
a. Termination of this Agreement by either party for any reason. 

b. Cancellation of services by the Client during the subscription period. 

c. Unused portions of prepaid subscription periods. d. Dissatisfaction with the quality or performance of the services provided.

– Non-Transferable: Client understands and agrees that payments made for DIGITTO Media’s automation platform are non-transferable and may not be credited to any other account or service.

– No Chargebacks: In the event that the Client initiates a chargeback or dispute with their payment provider for any payments made toDIGITTO Media, DIGITTO Media reserves the right to suspend or terminate the Client’s access to DIGITTO Media’s automation platform immediately, without further notice.
 

Information We May Collect

We collect the following Personally Identifiable Information from users who buy our products and services: name, email address, telephone number, address, and credit card number.

In addition, upon using the Service, individual transaction data obtained from your third-party invoicing or accounting application, (“Quickbooks,” “Xero,” “Clio” etc.) information collected via the browser, user generated content and other information uploaded to the website by the user, in conjunction with your use of the Service may be collected. Information obtained through these means that relates to the user’s client or customer to be invoiced through DIGITTO Media may at times be referred to as “Third-Party Client Information” throughout this Privacy Policy.

Additional information from or about you may also be collected in other ways, including responses to customer surveys and any communications with our customer service team.

We use “cookies” so that our Website can remember you and provide you with the information you’re most likely to need. For instance, when you return to the Website, cookies identify you and prompt the site to provide your username (not your password), so you can sign in more quickly. Cookies also allow our Website to remind you of your past usage and to suggest similar products and services. Finally, we use information gained through cookies to compile statistical information about use of our Website, such as the time users spend at the site and the pages they visit most often. Those statistics do not include PII.

Our Use Of Personally Identifiable Information

We use your Personally Identifiable Information to create your account, to communicate with you about products and services you’ve purchased, to offer additional products and services, and to bill you. We also use this information to the extent necessary to enforce our Website terms of service and to prevent imminent harm to persons or property.

When you use the Service, including accepting a payment, contacting customer service or requesting technical support, in addition to many other interactions with DIGITTO Media, we will apply the information that we have collected. Knowing this information allows us to verify your identity, communicate with you and enforce our agreements with you, as well as secure the best possible experience for all DIGITTO Media customers by ensuring compliance with applicable US state and federal laws and our own policies. We may also use this information to improve and enhance our offerings to you.

DIGITTO Media may use certain information about you without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.

Protecting Personal information

Information that can be used to identify a person is “Personally Identifiable Information”. This does not include information that has been aggregated or made anonymous. All information is securely stored on our servers in the United States. We employ the highest in industry standards to protect Personally Identifiable Information, as well as any information provided relating to your invoiced customers.

Third-party client and customer information, provided to DIGITTO Media by users, shall be considered confidential and shall not be disclosed to any third party, unless required to do so by law or subpoena or if we believe that such action is necessary to conform to the law, or comply with legal process served on us. Such information shall be utilized only for the purpose for which DIGITTO Media was created, which is to facilitate the billing and collection process for electronic billing of customers and clients.

Although DIGITTO Media utilizes the highest reasonable levels of data security in the industry, we cannon guarantee the security of PII or other information provided to us. By using our Website, you acknowledge and agree that we make no such guarantee, and that you use our Website at your own risk.

Sharing Personal information

DIGITTO Media will not rent or sell your Personal Information to others. We may store personal information in locations outside the direct control of DIGITTO Media (for instance, on servers or databases co-located with hosting providers). DIGITTO Media will share your Personal Information with a limited number of DIGITTO Media partners for the explicit purpose of providing services to you. If we do this, such third parties’ use of your Personal Information will be bound by terms at least as restrictive as this Privacy Policy.

As we develop our business, we may buy or sell assets or business offerings. Customer, transaction, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, bankruptcy, mergers, or dissolution.

Except as otherwise described in this Privacy Policy, DIGITTO Media will not disclose Personal Information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our User Agreement, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of DIGITTO Media, our customers or others.

Compromise of Personal Information

In the event that personal information is compromised as a result of a breach of security, DIGITTO Media will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, by email, or as otherwise required by applicable law.

DIGITTO Media shall not be liable for the transfer of any personal identification information resulting from loss or distribution of data, the delineation or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, sabotage, terrorism or any other event beyond DIGITTO Media’s control.

Your Choices About Your Information

You may, of course, decline to submit personally identifiable information through the Service, in which case DIGITTO Media may not be able to provide certain services to you. You may update or correct your account information at any time by logging in to your account. You can review and correct the information about you that DIGITTO Media keeps on file by contacting us as described below.

Information Relating To Minors

DIGITTO Media does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register with our Service. If you are under 18, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 is allowed to provide any personal information to or on DIGITTO Media. In the event that we learn that we have collected personal information from a minor under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us as described below.

Links to Other Web Sites

DIGITTO Media is not responsible for the practices employed by websites linked to or from our website, nor the information or content contained therein. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by DIGITTO Media in its sole discretion. We reserve the right to determine the form and means of providing notifications to you.

Changes to Our Privacy Policy

If we change our privacy policies and procedures, we will post those changes on our website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.

Excessive Data Usage

Your excessive data use may cause the Service to be slow or unavailable. We have no liability for the effect that your excessive data use may have on Service performance. We may (1) suspend or terminate your use of the Service or (2) reduce the amount of data you are able to use, with or without advance notice, if we determine in our sole discretion that your data use is excessive, abusive or has a negative effect on the Services in any way. We provide the Service on a tiered-pricing basis, and some tiers can process more data with less impact on Service performance. Contact us if you would like more information about pricing for data usage that may be more appropriate for your needs..


Data Stored on Our Servers

Subject to our Privacy Notice , you agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Platform. You acknowledge that we reserve the right to remove or terminate accounts that have not paid a subscription Fee, that remain inactive for longer than one (1) year, or that have violated one or more terms of this Agreement.

User Customization

Portions of the Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with your and your Clients’ customized look and feel of the Platform. You acknowledge that you may not be able to customize the Platform according to your unique branding to the extent that your customization would appear to be independently developed. DIGITTO Media, LLC may remove any of your modifications at any time without advance notice and with no liability to you.

Included & Purchased Automations

Depending on the account chosen at signup or through an upgrade, customers may receive included automations that have many components included, such as templates and workflows. DIGITTO Media, LLC also offers paid automations that are pre-built and customizations through our consultant devision. At our discretion, DIGITTO Media, LLC reserves the right to offer “re-pushes” to customers who have removed, altered, or negatively changed their included or paid automations, but there is no offer that requires our representatives to re-push components of our automations for an infinite amount of time, these “complementary re-pushes” will be done at the discretion of our automation specialists and their supervisors! It is also important to know that depending on which component is repushed may overwrite other areas of previously pushed or modified automation components.


Content You Create

You own and retain all ownership rights to your data and User Contributions uploaded to the Service (“Your Data”). You grant us, the DIGITTO Team, and our service providers the right to use Your Data as necessary to provide the Services to you and as permitted by these Terms of Service and our Privacy Notice. You also grant DIGITTO the right to use Your Data to improve the Service, develop new services, and for other DIGITTO business purposes, subject to DIGITTO’s obligation to maintain the confidentiality of Your Data. If you are using the Services on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so. Subject to the limited license granted, we acquire no right, title or interest from you or your licensors under these Terms of Service.

Submission of Ideas. The Platform may include a platform through which users may submit ideas in connection with new products, Services and/or related features (each, an “Idea”). By submitting an Idea to DIGITTO, you agree to the following unless we have mutually agreed in writing otherwise:

You are submitting your Idea to DIGITTO on a voluntary, non-confidential, and gratuitous basis; You grant DIGITTO and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Idea you submit to DIGITTO without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Idea, and all rights therein, in the name of DIGITTO or its designees throughout the universe in perpetuity in any and all media now or hereafter known; DIGITTO may already be working on the same or a similar Idea, or it may have received a similar or identical idea from other sources; The Idea represents your own original work, you have all necessary rights to disclose the Idea to DIGITTO, and neither your disclosure of the Idea nor DIGITTO’s review and/or use of the Idea will infringe upon the rights of any other individual or entity; Disclosing your Idea to DIGITTO does not establish a confidential relationship or obligate DIGITTO to treat the Idea as confidential; DIGITTO has no obligation to develop or use your Idea and does not owe you or anyone else any compensation for any use of your Idea or any Ideas that are related to or derived from your Idea; DIGITTO assumes no obligation with respect to any Idea unless and until it enters into a written contract with you, and then only as expressed in such written contract; If your Idea is the subject of a patent that is pending or has been issued, you have or will disclose that fact to DIGITTO. DIGITTO acknowledges that to the extent you hold a patent in the Idea, no license under any patent is granted to DIGITTO; Any license to use a patented Idea shall be in the form of a written contract, and DIGITTO’s obligations shall be limited to only those in such written contract; DIGITTO is not obligated to review your Idea, give reasons for rejecting your Idea, or disclose any activities that are related to the subject matter of your Idea; You will not construe DIGITTO’s review of your Idea, or any discussion, negotiations or offer between yourself and DIGITTO relating to the possible purchase or license of your Idea, as recognition of the novelty, originality, priority, other rights, or value of your Idea, and DIGITTO’s discussions or negotiations with you will not in any way impair DIGITTO’s right to contest the validity or infringement of your rights; You hereby irrevocably release and forever discharge DIGITTO and the DIGITTO Team from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against DIGITTO or the DIGITTO Team with respect to the Idea, including without limitation in respect of how DIGITTO directly or indirectly uses the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement; and You agree that you are responsible for the content of the Idea and further agree (at DIGITTO’s option and at your sole expense) to defend, indemnify, and hold DIGITTO harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys’ fees, which DIGITTO or the DIGITTO Team may incur as a result of use of your Idea in accordance with these Terms of Service.

 

Contact

Please contact oru Customer Support Team with any questions or concerns regarding our policy: [email protected]

 

AFFILIATES

Website Terms & Conditions: DIGITTO Affiliate Agreement

This Affiliate Agreement and the DIGITTO Media, LLC (May also be referred to as DIGITTO, DIGITTOMedia, or any other DIGITTO Prefixed mentions)  Terms of Service incorporated herein by reference (collectively the “Agreement”) govern your activity, application to join, and any subsequent participation in, DIGITTO’s Affiliate program (the “Program”). By accepting the Terms of Service, or by participating in the Program, you also agree to be bound by the terms herein. This Agreement is a binding legal agreement between the individual who accepted its terms or the business entity that the individual represents (“Affiliate,” “You” or “you”) and DIGITTO Inc (“DIGITTO,” “we” or “us”). If You represent a business entity, you represent and warrant that you have the authority to bind that entity to this Agreement. DIGITTO reserves the right to modify the Agreement at any time. Your continued participation in the Program shall be deemed acceptance of any new versions of the Agreement.

SECTION 1. PROGRAM APPLICATION

You agree to provide all information reasonably requested by DIGITTO in connection with Your Program application, and You represent and warrant that all information that You provide is truthful and accurate. You understand and agree that DIGITTO retains sole and exclusive discretion to determine whether You qualify for participation in the Program. DIGITTO reserves the right to change its criteria for the Program at any time, for any reason. You expressly consent to be contacted about your application and the Program via the email address and the phone number You provide in Your application. Such forms of contact may include but are not limited to automated dialing systems, texts and artificial or pre-recorded messages. You may revoke this consent at any time by submitting such revocation in writing to [email protected]

SECTION 2. PROGRAM RULES (THE “RULES”)

To participate in the Program, you must comply with the following Rules. If DIGITTO determines, in its sole discretion, that you are not in compliance with these Rules, you will be considered in material breach of this Agreement, and DIGITTO may terminate this Agreement and Your participation in the Program immediately (including forfeiture of Earned Commissions), without liability, in addition to seeking any other available remedies in law and equity.

a. Compliance with the Laws.You are responsible for compliance with all applicable laws and regulations. In particular, Affiliate may only publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. DIGITTO retains the sole and exclusive discretion to determine whether Affiliate’s advertising and conduct is in compliance with all laws.

b. Disclosure Requirement.On any website that Affiliate advertises any DIGITTO Service or product, Affiliate must plainly display (i.e., not in a link, or in small font) disclaimer language, such as: “Disclosure: I am an independent entity from DIGITTO. I am not an agent or employee of DIGITTO and have no authority to make binding contract or represent DIGITTO. I receive referral payments from DIGITTO. The opinions expressed here are my own and shall NOT be interpreted or considered as representations, guarantees, or statements made by DIGITTO Inc or any of its subsidiaries, agents, or assigns.

c. Non-Disparagement.Affiliate agrees that Affiliate shall not at any time make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments or statements concerning DIGITTO or any employees or officers now or in the future. Affiliate may not make any negative comment about a competitor for the purpose of promoting DIGITTO products or services.

d. Social Media Requirements.If Affiliate advertises on any social media platform, Affiliate must comply with all rules imposed by each social media platform (for example, this includes but is not limited to the following: (i) Each Instagram post must use Instagram’s “Paid Partnership” tool, and (ii) Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion of the video). You are responsible for ensuring Your compliance with the applicable social media platform rules.  In addition, each post must comply with all of the following:

Each post must contain #GoDIGITTO

Each post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button

e. Marketing Claims.Affiliates are strictly prohibited from making claims concerning the products and services offered by DIGITTO that are inconsistent with, or beyond the scope of marketing materials produced and made available by DIGITTO on DIGITTO’s website, www.DIGITTOMedia.com (“DIGITTO Website”). Affiliate is also expressly prohibited from making any express or implied claims that DIGITTO is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. Affiliates may not make, publish, or communicate any claims or statements that expressly or impliedly guarantee that a potential new user (“Prospect”) will make money by using DIGITTO or by becoming an Affiliate. In addition, all marketing collateral made, published and co-published by Affiliate must be:

completely true and accurate and supported by evidence of Affiliate’s experience.

accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results based on my experience. Your results may be different. There is no guarantee you will make money.”

f. General Advertising Rules.You represent and warrant that Your affiliate website(s) (“Website”), social media posts, and any other advertising materials will not:
Infringe DIGITTO’s or anyone else’s intellectual property, publicity, privacy or other rights.

Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, offensive, or contains nudity, pornography, or sexually explicit materials.

Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.

Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate payments from another website. This includes toolbars, browser plug-ins, extensions, and add-ons.

g. Pay-Per-Click (“PPC”) Restrictions:Unless DIGITTO gives you written consent to do otherwise, you may not:

bid on any of our Restricted Terms, including any variations or misspellings thereof for search or content-based campaigns on Google, Bing, MSN, Yahoo, Facebook or any other network. “Restricted Terms” means any of the following terms: DIGITTO, DIGITTOMedia, DIGITTO Media, LLC, digittomedia.com, https://digittomedia.com, or any other combinations or versions thereof

use our Restricted Terms, including any variations or misspellings as per above in sequence with any other keyword

use our Restricted Terms in your ad title, ad copy, display name or as the display URL.

use any of our trademarked terms as part of the domain or sub-domain for Your Website or any of your marketing or related activities. If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your marketing and related activities and we strongly suggest you add our trademarked terms as negative keywords.

direct link to DIGITTO’s Website from any PPC ad or use redirects that yield the same result. Customers must be directed to an actual page on Your Website.

bid in any manner appearing higher than DIGITTO for any search term in positions 1-5 in any auction-style PPC advertising program.

h. Other Rules:You represent, warrant and agree to comply with the following:

Affiliate is responsible for ensuring its employees, agents, and representatives comply with this Agreement. Any breach of the Agreement by an employee, agent, or representative acting on Affiliate’s behalf shall be deemed a breach by the Affiliate.

Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of DIGITTO, any brand name of DIGITTO, or based on the trademarks or brand name of any competitor of DIGITTO, or any other third party.

Affiliate shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement.

Affiliate will only use the links we provide you for each banner, text link, or other affiliate link obtained from the affiliate interface without manipulation or modification of any kind.

You may not “self-refer,” meaning that only transactions by other persons using your affiliate link will result in Earned Commissions.

You may not engage in deceptive, manipulative or fraudulent behaviors (whether done independently, in coordination with a Prospect, or another affiliate) or otherwise engage in conduct that, in DIGITTO’s sole discretion, is abusive of or outside the spirit of the Program in order to acquire additional Commissions.

You will not engage in any behaviors that are fraudulent, abusive, or harmful to the DIGITTO Website or the Program at our discretion.

We reserve the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you.

Your Website will not in any way copy, resemble, or mirror the look and feel of DIGITTO’s Website. You will also not use any means to create the impression that Your Website is DIGITTO’s Website or any part of DIGITTO’s Website, including by framing of DIGITTO’s Website in any manner.

You may not engage in cookie stuffing or include pop-ups or false or misleading links on Your Website. In addition, you will not attempt to mask the referring URL information (i.e., the page from where the click is originating).

The maintenance and the updating of Your Website(s) will be your responsibility. We may monitor Your Website(s) as we feel necessary to make sure that it is (or they are) up-to-date and to notify you of any comments as it relates to the Program.

You will not send unsolicited bulk-emails, text spam, form spam, social media spam or any other form of communication to which Prospects or others have not consented.

You will not create advertisements that appear on (a) sites and apps that contain or reference categories adult content, pornography, weapons, graphic violence (including any violent video game images), alcohol, drugs, tragedy, transportation accidents, sensitive social issues, gambling, or content that is offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise), or solicitous of any unlawful or offensive behavior; or (b) ads that appear on fake news content.

You will not use any images, text, or other content provided to you by DIGITTO except as authorized under this Agreement and may not modify the graphic image or text in any way. All of our rights in the images and text, any other images, our trade names and trademarks, and all other intellectual property rights are reserved.

You will not offer discounts, coupons, free trials, promo codes, or any other promotional offer that is not expressly authorized by DIGITTO in writing. DIGITTO may, on a case-by-case basis, offer you access to discounts, coupons, free trials, promo codes, or other promotional offer, and you agree to comply with all terms and limitations that DIGITTO establishes in connection with such promotional offers.

Unless otherwise agreed upon in writing by DIGITTO, you may not promote through a sub-affiliate network.

SECTION 3. COMPENSATION

Upon acceptance into the Program, you will receive a unique Affiliate ID from a DIGITTOMedia Staff member via a support e-mail on the domain @digittomedia.com. This Affiliate ID will be incorporated in the URL that You use to advertise DIGITTO. You may earn Commissions (as further described below) for each sale (“Sale”) that is registered using Your Affiliate ID.

In the event that a Prospect has multiple Affiliate cookies (“Cookies”), the most recently acquired Cookie will generally determine which Affiliate is credited with a Sale except in instances of (i) recently canceled Prospects who attempt to re-subscribe under a different affiliate within 90 days of cancellation, (ii) cases of self-referral, or (iii) other scenarios at DIGITTO’s sole discretion. If a Prospect signs up for DIGITTO without connection to any Affiliate, that Prospect is considered unaffiliated, and no Commissions will be earned by any Affiliates for that Prospect unless otherwise agreed to by DIGITTO in writing.

A Commission is “earned” only if (i) Affiliate has registered and maintained a usable account with a third-party payment provider to receive Commission payments and provided complete and accurate information to DIGITTO to facilitate payment and (ii) a Prospect’s account has remained in good status for at least forty-five (45) days after the Sale. No Commission is earned for a Sale if, at the time of attempted payout, Affiliate has not maintained a usable account with a third-party payment provider or DIGITTO is unable to payout Commissions due to incomplete or inaccurate information provided by the Affiliate. Commission payout amounts will be determined by DIGITTO in its sole discretion. Commission rates may change from time to time at DIGITTO’s sole discretion. Except as otherwise provided herein, Commission payouts will be paid on the 15th of each month following DIGITTO’s receipt of payment for a Sale, subject to the other terms of this Agreement. In the event the 15th of each month falls on a holiday or weekend, Commission payouts will typically occur on the following business day, although exceptions may apply. All Commission payouts are calculated based on the amount of fees received by DIGITTO, less sales taxes.

The Commission Rates & Affiliate Benefits are as follows:

  1. First 5 Affiliate Referrals: 25% of customer payment amount (applicable to all DIGITTO Users)
  2. When an Affiliates Total Referrals Hit 6: Payout Rates Adjust to 30% on all commissions.
  3. When an Affiliates Total Referrals Hit 16: Payout Rates Adjust to 35% on all commissions.
  4. Once the above brackets are achieved an affiliate is locked into the stated commission rates on all accounts, even if there are cancellations.

**Commissions are expected to be released to the merchant around 15 days after a referred customer makes a payment, but this is not a guarantee only a number that DIGITTO aims for. Any additional time that it takes for funds to clear an Affiliate’s bank account are subject to merchant and/or banking timeframes.

  1. If affiliate “free trial” landing pages are ever made available, a customer only counts towards the abovementioned brackets after at least one successful live monthly payment.
  2. Once an Affiliate hits 10 referred customers with at least one successfully monthly payment, this affiliate will be allowed access to a DIGITTO Autopilot Platform at no base cost. This does not include third-party variable charges that exist now or may exist in the future: These are not limited to the following: SMS Messages, E-mails, ContentAI or other charges that DIGITTO incurs and on paid accounts passes on to its customers.

**IMPORTANT NOTE: DIGITTO Media or DIGITTO reserves the right at any time and for any reason, to suspend or revoke an affiliate’s status. In normal situations, this may only occur after a warning (Example: Any manipulation of hitting higher commission brackets). More serious violations of DIGITTO’s Terms & Conditions or Affiliate Agreement Details such as improperly representing, defaming, disparaging or otherwise unintentionally or intentionally taking actions that may have, are at the present moment or can be expected to cause harm to DIGITTO Media, LLC | DIGITTO, any of its affiliated partners, whether directly or indirectly will subject Affiliate Accounts to be indefinitely revoked and may very well be grounds of legal action against the parties involved. Becoming an affiliate with DIGITTO allows affiliates to market a select amount of DIGITTO Media’s products for 1099 Contractor Commission paid through our third-party merchant. Becoming an affiliate is not in any way a contract of employment or a contract in any way that obligates DIGITTO Media to provide anything other than commissions

In instances where a Prospect is affiliated under different Affiliates for different services (such as cases where one Affiliate makes the Sale, but another affiliate makes an upgrade for the same Prospect), DIGITTO will allocate Commissions as deemed appropriate in DIGITTO’s sole and absolute discretion.

All Commissions are paid in U.S. Dollars (USD) or otherwise in currencies offered by the payment provider. Some payment methods may incur processing fees that may be deducted from Your Commissions. Your combined Commission must be equal to or exceed Fifty and 00/100 Dollars ($50.00) (USD) before You receive a payment from DIGITTO. If Your combined Commissions in a 120-day period do not exceed $50.00 (USD), Your Commissions will not be paid and will be forfeited.

Affiliates must register with a third-party payment provider to receive Commissions payouts. DIGITTO or the third-party payment provider may require You to submit a completed W-8 or W-9 tax form or any ancillary supporting documentation or tax other documents (the “Required Documents”) before processing Commissions payouts. If You fail to submit the Required Documents in a timely manner, DIGITTO or the third-party payment provider may refuse to payout Commissions that were earned more than 120 days prior to receiving your Required Documents.  If You are not a resident of the United States, DIGITTO may withhold tax (including, not limited to, VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).

If DIGITTO determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be considered earned for such Sale. If a Commission has already been paid out for a Sale that is later deemed by DIGITTO to be fraudulent or in violation of this Agreement or the law, the Commission amount will automatically be withheld against any future Commissions or refunded back to DIGITTO at its option. DIGITTO may also terminate this Agreement and Your participation in the Program immediately without any further liability to you.

If a refund or charge-back occurs for a Sale, and if a Commission was already paid to You for that Sale, such Commission is considered unearned, and the Commission will be deducted from Your future Commission payouts.

DIGITTO will make reasonable efforts to payout all Earned Commissions. If DIGITTO is unable to payout a Commission for any reason outside of DIGITTO’s control, those Commissions may be forfeited at DIGITTO’s sole discretion.

SECTION 4. INTELLECTUAL PROPERTY RIGHTS

DIGITTO may provide you with certain resources and materials (such as white labeled courses, powerpoints, pitch decks, website templates, images, social media posts, etc.) to be used in connection with your participation in the Program (collectively, “DIGITTO Materials”). You acknowledge our ownership of our DIGITTO Materials, agree that you will not do anything inconsistent with our ownership, and agree that all of your use of the DIGITTO Materials (including all associated goodwill) will insure to the benefit of, and on behalf of the DIGITTO. If requested, you agree to assist us in recording this Agreement with appropriate government authorities. You agree that nothing in this Agreement gives you any right, title, or interest in the DIGITTO Materials other than the right to use the DIGITTO Materials in accordance with this Agreement. You also agree that you will not attack our rights in or title to the DIGITTO Materials or the validity of the DIGITTO Materials or this Agreement.

All rights with respect to the Services and DIGITTO’s name and trademarks, whether now existing or which may hereafter come into existence, which are not expressly granted to Affiliate herein are reserved to DIGITTO. Any goodwill generated through Affiliate’s use of DIGITTO’s name and trademarks shall inure solely to the benefit of DIGITTO. Except as set forth in this Agreement, Affiliate may not use DIGITTO’s name or trademarks without DIGITTO’s prior written consent. Affiliate will promptly notify DIGITTO of any infringement or threatened infringement of any rights of DIGITTO of which Affiliate becomes aware and will provide reasonable assistance to DIGITTO, at DIGITTO’s expense, in connection therewith. Affiliate shall not promote or provide services to any other business or person that is infringing any of DIGITTO’s intellectual property. Affiliate will use commercially reasonable means to protect the security of the Services on Affiliate’s system and network, including internal and public websites, from hacking or other unauthorized access, modification or redistribution. Upon becoming aware of any breach in security, Affiliate shall notify DIGITTO and take prompt action to remedy such breach.

SECTION 5. TERM AND TERMINATION

The term of this Agreement will begin the earlier of (i) your acceptance or signing of this Agreement; or (ii) DIGITTO’s approval of Your participation in the Program. Your participation in the Program will continue month-to-month until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days’ written notice of termination. If, in our sole determination, you defaulted or made an attempt to default any term or provision of the Agreement, Privacy Policy, or the Terms of Service, or violated any law, whether in connection with Your use of DIGITTO or otherwise, we may terminate the Agreement or suspend Your access to the Website at any time without notice to You. In such an instance, and in our sole discretion, we may also for the aforementioned reasons, terminate our relationship and suspend any accounts owned/controlled by You. In the event this Agreement is terminated due to Your default, you immediately forfeit all Commissions, and any other payments owed to You or that may in the future be owed to You without any further liability by DIGITTO to You.

If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your DIGITTO account.

SECTION 6. ADDITIONAL REPRESENTATIONS AND WARRANTIES

In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, you are required to notify DIGITTO of the same within 24 hours. DIGITTO, in its sole and exclusive discretion, may immediately terminate Your participation in the Program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.

SECTION 7. ENTIRE AGREEMENT

This Agreement represents the entire agreement between the Parties with regards to the Program and supersedes any other written or oral agreement between the parties. In event that you have executed a separate written agreement related to the Program, that separate agreement shall prevail in the event of a conflict between it and this Agreement.

SECTION 8. INDEPENDENT CONTRACTOR

Affiliates are independent contractors of DIGITTO. It is the express understanding and intention of the Parties that no relationship of employee/employer nor principal and agent shall exist between DIGITTO and You by virtue of this Agreement. You have no right to act on behalf of or bind DIGITTO in any way, nor share in the profits or losses of DIGITTO. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.

SECTION 9. DISCLAIMER

DIGITTO does not promise, guarantee, or warrant Your business success, income, or sales. You understand, acknowledge, and agree that DIGITTO will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.

SECTION 10. LIMITATION OF LIABILITY

Except where otherwise inapplicable or prohibited by law, in no event shall DIGITTO or any of its officers, directors, shareholders, employees, independent contractors, telecommunications providers, and/or agents be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs or claims arising from or related to this Agreement, Terms of Service, the Privacy Policy, the Platform or Services, your or a third party’s use or attempted use of the website or any software, service, or product, regardless of whether DIGITTO has had notice of the possibility of such damages, fees, costs, or claims. This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages. this applies regardless of the manner in which damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise. In no event shall DIGITTO’s liability to you or your business exceed the amount of three (3) times the payments paid by you to DIGITTO for the month preceding the date in which the facts giving rise to a claim against DIGITTO occurred or one-thousand five-hundred dollars ($1500), whichever is less, subject to applicable law, the remedies set forth above are your sole and exclusive remedies for DIGITTO’s entire obligation and liability, for any breach of our limited warranty. Subject to applicable law, under no circumstances will DIGITTO’s obligation or liability hereunder exceed the limited liability amount stated in this section. However, this shall not prevent DIGITTO from seeking any and all remedies available to it in law or equity.

SECTION 11. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW

Any dispute arising hereunder shall be settled by arbitration administered by the American Arbitration Association pursuant to its then-current rules. The arbitration shall be conducted before a panel of one arbitrator in Dallas County, Texas. The arbitration shall be conducted in the English language. The arbitrators will be bound to apply the laws of the State of Texas. The decision of the arbitrator(s) will be made in writing and shall be final and binding on the parties. Each party shall be responsible for its own costs with respect to the proceedings irrespective of the outcome. This Section provides the sole recourse for the settlement of dispute rising hereunder, except that either party may seek a preliminary injunction or other form of injunctive relief in any court of competent jurisdiction if, in its reasonable, good faith judgment, such action is necessary to prevent or curtail irreparable harm.

Furthermore, the parties agree not to bring any disputes between each other on a collective or class basis; rather, the parties agree to bring such disputes in arbitration on an individual basis only. An arbitrator may not resolve any disputes concerning the enforceability or validity of this class and collective action waiver; only a court with proper jurisdiction may resolve such a dispute. If this class action waiver is held to be illegal for any reason, the parties agree that a court, and not an arbitrator, will hear any class or collective action.

SECTION 12. INDEMNITY

You agree to protect, defend, indemnify and hold harmless DIGITTO, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with (1) use of or reliance on information or data supplied or to be supplied by You (2) any breach of this Agreement by You (3) the use or possession of any DIGITTO property by You, except to the extent caused by the DIGITTO’s gross negligence or willful misconduct (4) any negligence, gross negligence or willful misconduct by or on behalf of You or Your employees or agents.

SECTION 13. SEVERABILITY

In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.

SECTION 14. JUDICIAL ACTION FOR PROVISIONAL RELIEF

DIGITTO shall have the right to seek and obtain from any court of competent jurisdiction any equitable or provisional relief or remedy enforcing any right or interest it may have in connection with this Agreement, including without limitation a temporary restraining order, preliminary injunction, writ of attachment, order compelling an audit, or enforcement of any liens or security interests held by either party in the property of the other. No judicial actions permitted by this paragraph shall waive or limit the claiming party’s rights to adjudicate the merits of the dispute by arbitration.

The parties hereby agree and acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm to DIGITTO for which there will be no adequate remedy at law. In addition to other remedies provided by law or at equity, in such event the non-breaching party shall be entitled to seek injunctive relief, without the necessity of posting a bond and without having to establish actual damages resulting from a breach, to prevent any further breach of this Agreement by the other Party.

SECTION 15. COMPLAINT NOTIFICATION

Affiliate must notify DIGITTO of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to the DIGITTO Support Team: [email protected]

SECTION 16. FORCE MAJEURE

No party will be liable for nonperformance of any of its obligations under the agreement if its nonperformance was due to a Force Majeure Event as defined in of this Section if reasonable notice and good faith efforts to find a reasonable solution are provided. “Force Majeure Event” shall mean any act of God; war; riot; civil strife; act of terrorism, domestic or foreign; embargo; governmental rule, regulation or decree; flood, fire, hurricane, tornado, or other casualty; earthquake; strike, lockout, or other labor disturbance; the unavailability of labor or materials to the extent beyond the control of the party affected; pandemics, epidemics, local disease outbreaks, public health emergencies, and quarantines; or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing. Upon occurrence of a Force Majeure Event, the non-performing party shall, in a timely manner, notify the other party that a Force Majeure Event has occurred, its anticipated effect on performance.