These Terms of Service govern your use of this website and any related services provided by Digylst LLC.

By accessing this website, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Digylst.

We, Digylst, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 13 August 2023.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  • modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
  • remove any copyright or other proprietary notations from any materials and software on this website;
  • transfer the materials to another person or “mirror” the materials on any other server;
  • knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Digylst provides;
  • use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  • use this website or its associated services in violation of any applicable laws or regulations;
  • use this website in conjunction with sending unauthorized advertising or spam;
  • harvest, collect, or gather user data without the user’s consent; or
  • use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Digylst and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Digylst at any time.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences and our Privacy Policy.

Paid Accounts

Fees: Digylst offers fee-based services that provide additional features and functionality. If you sign up for a paid account, you agree to pay Digylst all applicable fees for the tier of services according to your selection. Fees are non-refundable except as required by law or as otherwise specifically permitted in this agreement.

Subscription Period: Paid account plans will be charged the rate stated at the time of initial purchase on a recurring basis corresponding to the term of your subscription until you cancel. Fees are subject to change and Digylst will notify you of any pricing change prior to processing your next recurring charge. You may cancel your paid account subscription at any time, however, unless required by law, no refunds or credits will be provided for any early termination or for any non-use of the services. Digylst reserves the right to update, change, modify or terminate your subscription benefits at any time in its sole discretion.

Payment: You will pay Digylst on the payment interval selected. If not otherwise specified, payments will be due immediately. You authorize Digylst to charge you for all applicable fees on a recurring basis using your selected payment method through Digylst’s online payments platform. By providing a saved payment method (“Payment Method”) in your account, you expressly acknowledge and authorize Digylst (or our third party online payment processor) to charge you on a recurring basis corresponding to the term of your subscription unless you cancel your paid account subscription. You are responsible for any and all fees charged to your Payment Method. You will provide complete and accurate billing and contact information to Digylst. Digylst may make changes to the offered Payment Method from time to time. It is your responsibility to update your payment information if necessary due to such changes. Digylst may suspend, downgrade or terminate the Services if Fees are past due. Unpaid Fees are subject to a finance charge of one percent (1.5%) per month (18% per annum), or the maximum permitted by law, whichever is lower. In addition, Digylst will be entitled to recover its expenses for collection, including reasonable attorneys’ fees. Failure to pay Fees or Renewal Fees when due may lead to termination, cancellation or suspension of Services. For the avoidance of doubt, Digylst may submit periodic charges corresponding to the term of your selected subscription without further authorization from you, until you affirmatively cancel your subscription services or notify Digylst that you wish to change your payment method information.

Taxes: Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (collectively, “Taxes”), and you are responsible for all Taxes resulting from this Agreement or your use of the Digylst Services. Digylst will invoice you for Taxes when required to do so by applicable law, and you agree to provide payment under the terms of the invoice. In the event you are required by law to deduct and withhold any Taxes on amounts payable under this Agreement, any amounts required to be withheld will be promptly deducted and timely remitted by you on behalf of Digylst to the appropriate taxation authority and you agree that you will provide Digylst with copies of all necessary documents (including but not limited to tax receipts received from the applicable tax authority) in order for Digylst to claim and receive a foreign tax credit in an amount corresponding to the amount withheld by you.

Liability

Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, Digylst 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.

In no event shall Digylst or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Digylst or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

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 our website are not comprehensive and are for general information purposes only. Digylst does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

Digylst 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, approval or control by Digylst of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Austin. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.