1. Acceptance of Terms

By accessing or using our Services, you agree to be legally bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, do not use the Services.

2. Modifications

We may update these Terms periodically. Changes will be posted on our website with a revised last updated date. Material changes may also be communicated via email or in-app notification. Continued use of the Services after any modification constitutes acceptance of the new Terms.

3. Eligibility

You may not use the Services if prohibited by applicable laws.

4. Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials. All activity under your account is your responsibility. Notify us immediately of any unauthorized use. We are not liable for losses resulting from your failure to safeguard credentials.

5. Use of Services

You agree to use the Services in compliance with all applicable laws and regulations. You may not:

• Engage in unauthorized access, reverse engineering, or tampering with the Services
• Use the Services to access or extract data in violation of third-party rights or contracts
• Upload or store sensitive personal data unless permitted by law and our policies
• Circumvent access limits, rate limits, or security mechanisms.

We reserve the right to suspend or terminate accounts that violate these terms.

6. Pricing and Billing

6.1 Pricing Model

• Fixed Monthly Subscription Fee: Grants access to core product features
• Variable Usage Fee for Chat: A per-chat fee applies each time the chat function is used

6.2 Monthly Subscription Fee

• Charged automatically every billing cycle
• If payment fails, your account will be locked until payment is received
• You are responsible for maintaining valid and funded payment credentials

6.3 Chat Usage Fee

• Chat sessions are charged per interaction
• A minimum account balance is required to initiate chat usage
• If your balance is below the minimum, the chat feature will be disabled until funds are topped up

6.4 Payment Terms

• All fees are billed in USD and collected automatically via your linked payment method
• Monthly subscription fees are non-refundable
• Usage charges are deducted at the point of interaction
• Failed payments will be retried automatically within a limited window

6.5 Access Restrictions

• Non-payment of the monthly subscription fee results in full platform lockout
• Insufficient balance disables chat usage

6.6 Cancellation & Refunds

• Subscription can be canceled anytime; no refunds issued for current billing period
• Positive remaining balances refunded upon cancellation
• Continued access until the end of billing cycle post-cancellation
• Upon cancellation, you will retain access until the end of your subscription term

7. Intellectual Property

All intellectual property rights in the Services and any related content (excluding user-provided content) remain with Diginnovain. You may not copy, modify, distribute, or reverse-engineer any part of the Services without our express written consent.

8. Data & Privacy

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your data. You retain ownership of your data (“Customer Data”) but grant us a non-exclusive, worldwide license to process it solely to deliver, improve, and analyze the Services. We may use aggregated and anonymized data for analytics, insights, and service optimization.

9. Security

We implement commercially reasonable security measures. Unfortunately, the transmission of information via the Internet is not completely secure. We cannot guarantee the security of your information transmitted to our Services. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Services.

10. Suspension and Termination

We reserve the right to suspend or terminate your account at our discretion if you violate these Terms, fail to pay applicable fees, or misuse the Services. We may also delete any associated data after a grace period.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. DIGINNOVAIN DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• DIGINNOVAIN’S TOTAL LIABILITY FOR CLAIMS UNDER THESE TERMS
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA, BUSINESS INTERRUPTION, OR LOST PROFITS

13. Indemnification

You agree to defend, indemnify, and hold harmless Diginnovain and its affiliates, officers, and employees from any claims, losses, or damages arising from your use of the Services, violation of these Terms, or infringement of third-party rights.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law rules. Any disputes shall be resolved in the courts of New Castle County, Delaware, unless otherwise required by applicable law.

15. Severability

These Terms of Service will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Service.

16. Entire Agreement

These Terms, along with our Privacy Policy and any applicable Order Forms, constitute the entire agreement between you and Diginnovain regarding the Services.

17. Contact Us

If you have questions about these Terms, please contact:

Diginnovain LLC