Digibate Terms And Conditions

Terms of Service

Effective September 12, 2025 (supersedes January, 2023)

These Terms of Service (this “Agreement”) are a binding contract between you ("Customer") and Digibate AI, Inc. (“Digibate,” “we,” or “us”). This Agreement governs your access to and use of the Services.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND A CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 11(B), THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

THIS AGREEMENT TAKES EFFECT WHEN YOU CLICK THE “I ACCEPT” BUTTON BELOW OR BY ACCESSING OR USING THE SERVICES (THE “EFFECTIVE DATE”). BY CLICKING ON THE “I ACCEPT” BUTTON BELOW OR BY ACCESSING OR USING THE SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

1. Definitions

“Aggregated Statistics” means data and information related to Customer’s use of the Services to be used by Digibate in an aggregated and anonymized manner.

“Agreement” means these Terms of Service.

“Authorized User” means Customer’s employees, consultants, contractors, and agents who are authorized to access and use the Services under this Agreement.

“Class Action/Jury Trial Waiver” means the waiver provision in Section 11(c).

“Confidential Information” means non-public business, technical, or financial information disclosed by one party to the other that is marked or otherwise identified as confidential, or that reasonably should be considered confidential.

“Customer,” “you,” or “your” means you and your Authorized Users.

“Customer Account” means your account on the Services.

“Customer Property” means Input, Output, and other content or data provided by Customer to Digibate.

“Documentation” means Digibate’s guides, manuals, and help materials relating to the Services.

“Feedback” means suggestions or ideas you provide to Digibate about the Services.

“Input” means information you input into the Services.

“Intellectual Property Rights” means all intellectual property rights recognized by law.

“Digibate Property” means the Services, Documentation, and all related content, excluding Output.

“Output” means the results generated by the Services based on Customer Input.

“Privacy Policy” means Digibate’s privacy policy available at www.digibate.com.

“Services” means Digibate’s online services, website, and software.

“Term” means the period of your active subscription.

“Third-Party Products” means non-Digibate services or products accessible through the Services.

“User” means any individual who accesses the Services.

2. Access and Use

Eligibility. You may only use the Services if you can form a legally binding contract and are at least 13 years old (16 in Europe).

Provision of Access. Subject to payment of fees and compliance with this Agreement, Digibate grants you a limited, non-transferable right to access and use the Services during the Term.

Accounts. You are responsible for providing accurate information when creating your Customer Account and for maintaining the security of your password.

Use Restrictions. You may not misuse the Services, including by attempting unauthorized access, disrupting service, or violating applicable laws.

Delivery. For digital services, “Delivery” means providing access to your Customer Account and subscribed features. Unless otherwise stated, delivery occurs immediately after payment authorization.

Delivery Time. Delivery is instant for online purchases once payment is confirmed. For enterprise plans requiring onboarding, delivery is complete when access credentials are issued.

3. Intellectual Property Rights

You retain ownership of Customer Property. By providing Customer Property, you grant Digibate a license to use it to provide and improve the Services. Digibate retains all rights to Digibate Property. Feedback you provide may be used by Digibate without restriction.

4. Customer Responsibilities

You are responsible for compliance with this Agreement by all Authorized Users, for maintaining the confidentiality of your login credentials, and for your use of Third-Party Products accessed through the Services.

5. Fees and Payment

Billing Policies. By using paid Services, you agree to the pricing and payment terms available at www.digibate.com, which may change from time to time.

No Refunds. Subscriptions are non-refundable.

Free Trials. If offered, free trials automatically convert to paid subscriptions at the end of the trial period unless cancelled before then.

Automatic Renewal of Subscription Fees. Subscriptions renew automatically until cancelled.

Payment Information; Taxes. Payments are processed by our payment provider(s). You authorize us to charge your payment method for applicable fees and taxes.

Subscription Terms.

• How to Start a Subscription. Subscriptions begin when you create a Customer Account, select a plan, and provide valid payment details.
  
• When You Are Charged.
  

• For monthly subscriptions, fees are charged on the calendar day you first became a paying subscriber, or on the specified billing day each month.
  
• For yearly subscriptions, fees are charged upfront for the full 12-month term on the date you first became a paying subscriber. Renewal charges occur annually on the same date.
  

• Storage of Cardholder Data. Card details are securely stored and tokenized by our payment provider(s). Digibate does not store card details in readable form.
  
• How to Cancel. Subscriptions can be cancelled at any time in Settings → Billing or by emailing hello@digibate.com.
  
• Notice Period / Termination.
  

• Monthly subscriptions are month-to-month. Cancellation takes effect at the end of the current monthly billing cycle.
  
• Yearly subscriptions are on a 12-month basis. Cancellation takes effect at the end of the current annual term.
  
• Plans automatically renew unless cancelled before the end of the term. No partial refunds are provided.
  

• Receipts and Invoices. A receipt or invoice is emailed after each charge and can also be viewed under Billing information in the platform.
  

6. Confidential Information

Both parties agree to protect each other’s Confidential Information and only use it for purposes of this Agreement.

7. Privacy Policy

Digibate processes personal data in accordance with its Privacy Policy available at www.digibate.com.

8. Warranty Disclaimer

The Services are provided “as is” without warranties of any kind.

9. Indemnification

You agree to indemnify Digibate against claims arising from your use of the Services, your violation of this Agreement, or your Customer Property.

10. Limitations of Liability

Digibate is not liable for indirect, incidental, or consequential damages. Total liability is limited to the greater of $50 or the amount paid by you in the 12 months prior to the claim.

11. Governing Law, Arbitration, and Class Action Waiver

Governing Law. This Agreement is governed by the laws of Denmark.

Arbitration. Disputes must first be raised with Digibate at hello@digibate.com. If unresolved within 60 days, disputes will be resolved by binding arbitration.

Class Action/Jury Trial Waiver. All claims must be brought individually, not as part of a class action.

Consumer Rights.

• Right of Withdrawal. EU/EEA consumers have a 14-day right of withdrawal. If you request immediate access to the Services, you acknowledge the right may be lost once performance begins.
  
• Right to Complain About Defects. Consumers may contact hello@digibate.com if the Services do not conform to the contract. Remedies may include correction, price reduction, or termination.
  
• Complaint Options. Consumers in Denmark may use the official public complaint system (Nævnenes Hus). For cross-border disputes, assistance is available through the European Consumer Centre Denmark.
  

12. Miscellaneous

Entire Agreement. This Agreement constitutes the entire agreement between you and Digibate.

Modifications. Digibate may modify this Agreement at any time. Material changes will be notified at least 30 days in advance.

No Waiver. Failure to enforce a provision does not waive any rights.

Notices. Notices must be sent to Kratmosevej 32, 2950 Vedbæk, Denmark, or hello@digibate.com.

Assignment. You may not assign this Agreement without Digibate’s consent. Digibate may assign its rights and obligations under this Agreement.

Contact. Questions may be sent to hello@digibate.com.