TERMS OF SERVICE
Terms of Service
Effective Date: November 17 2024
Welcome to Digipalz! By accessing or using our website, platform, and services, you agree to the following Terms of Service. Please read these terms carefully before using our services. If you do not agree with these terms, you should not use our services.
1. Acceptance of Terms
By accessing or using our website, you agree to comply with and be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must refrain from using our platform.
2. Eligibility and Account Registration
a) Eligibility: The minimum age for users of our platform is 10 years old. However, all users under the age of 18 must have a guardian over the age of 18 complete their registration.
b) Account Information: Users are required to provide their name and email address when creating an account. Guardians must input these details upon purchasing a subscription for minors.
c) Account Security: You are responsible for maintaining the confidentiality of your account and login credentials. You agree to notify us immediately of any unauthorized access or use of your account.
3. Use of Services
a) Subscription-Based Access: Digipalz offers a subscription-based model for accessing our gamified learning platform. All users must purchase a subscription to access the game.
b) Prohibited Activities: You agree not to engage in any of the following prohibited activities on our platform:
Engaging in unlawful, fraudulent, or deceptive activities.
Distributing viruses, malware, or any other malicious software.
Attempting to gain unauthorized access to our platform or related systems.
Misusing our language model by submitting misleading, false, or harmful information.
Spamming or attempting to disrupt the normal operation of the platform.
4. Ownership of Content
a) Intellectual Property: Digipalz retains full ownership and rights over all content generated on the platform, including user-generated content and testimonials.
b) Content Use: You grant Digipalz a perpetual, royalty-free, and non-exclusive license to use, reproduce, modify, and distribute content generated on the platform for commercial and promotional purposes.
c) AI Learning: User-generated content is stored on our servers and used to train our AI models, which are integral to the platform’s operation.
5. Payments and Refunds
a) Subscription Fees: Access to our platform is granted through a paid subscription. Annual subscriptions may be subject to a refund policy.
b) Refund Policy: For annual subscriptions, refunds are accepted only within 60 days from the purchase date. After 60 days, we do not process refunds for annual subscriptions until the full 12-month period is complete. For monthly subscriptions, users may cancel at any time, but no refunds will be issued for partial periods.
c) Contact for Refunds: If eligible for a refund, please contact us at samantha@digipalz.io.
6. Privacy and Data Protection
a) Sensitive Data: We collect sensitive user data, including personal identifiers and payment information.
b) Data Storage: User data is stored and protected using AWS cloud servers.
c) Data Breach Disclaimer: While we make efforts to protect user data, we cannot guarantee data protection in the event of a breach or hack. By using our platform, you understand that there is always a risk of a data breach or hack, and you release Digipalz from any liability related to such incidents.
7. Account Suspension and Termination
a) Suspension: We may suspend or terminate your access to the platform for any violation of these terms, including submitting false or misleading information to our language model or spamming.
b) Termination by Users: Users may terminate their accounts at any time, provided they independently purchased a subscription.
c) Termination for Misuse: If your account is suspended for misuse, you will be given a warning to stop spamming or submitting inaccurate information before your access is fully restricted.
8. Limitation of Liability
a) Risk Acknowledgment: You understand and acknowledge that by using our platform, you accept the inherent risk of data breaches or hacks.
b) No Liability for Breaches: In the event of a breach, Digipalz is not liable for any consequences, including data loss, financial loss, or reputational damage.
c) Release from Liability: You release Digipalz from any legal claims and liabilities arising from the misuse of third-party services or any harm resulting from a data breach or hack.
9. Dispute Resolution
Any legal disputes arising from the use of our platform will be resolved in the courts of Ontario, Canada.
10. Updates to Terms of Service
We reserve the right to update these Terms of Service at any time. All updates will be posted on our website at /terms-of-service-en and /terms-of-service-fr. Continued use of our platform after such updates will be deemed as acceptance of the revised terms.
11. Ownership and Licensing
a) Intellectual Property: All content, software, and intellectual property related to Digipalz is owned by the company and protected by copyright laws.
b) Licensing Terms: Users are granted a limited, non-transferable, and revocable license to access and use the platform for personal, non-commercial purposes. Users may not duplicate, modify, or distribute any content from Digipalz without prior written consent.
12. Governing Law
These Terms of Service will be governed by and construed in accordance with the laws of Canada, specifically the jurisdiction of Ontario.
13. Third-Party Services
We use third-party services, such as STRIPE, for payment processing. Digipalz disclaims any responsibility or liability for third-party content, services, or APIs used in conjunction with our platform.
14. User Responsibilities
Users are required to provide accurate and truthful information when using our platform. You are responsible for safeguarding your login credentials and for all activities that occur under your account.
Contact Information
If you have any questions or concerns about these Terms of Service, please contact us at:
Samantha Tenus
samantha@digipalz.io
1108-199 Richmond Street West, Toronto ON, M5V 0H4