Digibate Groups ApS
Effective Date: 4th August 2026
Unless the context requires otherwise:
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Nothing in these Terms excludes or limits any statutory rights that cannot legally be excluded.
For the purposes of these Terms:
Account means a registered Digibate account.
AI Output means any text, image, video, design, caption, recommendation, strategy or other material generated wholly or partly through the Services.
Brand DNA means Digibate’s proprietary analysis of a Customer’s business, branding, products, website, social media presence and other information used to personalise the Services.
Content means all information, text, images, videos, graphics, prompts, files, documents and other material uploaded, generated, edited, scheduled or published through the Services.
Credits means usage units allocated under a Subscription and consumed when using certain features of the Services.
Customer, User, you and your mean the individual or legal entity using the Services.
Customer Content means all Content uploaded or otherwise provided by the Customer.
Generated Content means Content generated through the Services using artificial intelligence or automated technologies.
Platform means Digibate’s websites, applications, software, APIs, artificial intelligence systems and related technology.
Services means all products, software, applications, APIs, artificial intelligence tools, integrations and related services made available by Digibate.
Subscription means a paid plan providing access to the Services.
Third-Party Services means products, software and services provided by parties other than Digibate, including social media platforms, payment providers, cloud infrastructure providers and artificial intelligence providers.
These Terms of Service (“Terms”) constitute a legally binding agreement between Digibate Groups ApS (“Digibate”, “we”, “our” or “us”) and the Customer.
The Services are designed to assist Customers in creating, managing, scheduling and publishing marketing and other digital content using artificial intelligence and automation.
By accessing, registering for, subscribing to or using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms.
If you do not agree to these Terms, you must not access or use the Services.
By accessing or using the Services, you represent and warrant that:
Electronic acceptance of these Terms has the same legal effect as a handwritten signature.
You must be at least eighteen (18) years old to use the Services.
The Services are primarily intended for businesses and professionals but may also be used by private individuals.
You may not use the Services if doing so would violate any applicable law, regulation, sanctions regime or court order.
Digibate may refuse access to the Services where required to comply with applicable law or where reasonably necessary to protect the Services or other users.
Certain features of the Services require the creation of an Account.
You agree to provide accurate, complete and up-to-date information when creating an Account and to keep such information current.
You may not:
Each Account is personal to the registered Customer unless otherwise agreed by Digibate in writing.
Digibate reserves the right to require identity, business or payment verification where reasonably necessary.
You are solely responsible for maintaining the confidentiality of your Account credentials and for all activity conducted through your Account.
You must:
Digibate shall not be responsible for any loss arising from unauthorised access resulting from your failure to adequately secure your Account, devices or credentials.
Certain features of the Services require an active paid Subscription.
Digibate may offer different Subscription plans with varying features, usage limits, Credit allocations, storage limits, integrations and pricing.
Descriptions of Subscription plans, features and pricing published on the Platform are provided for informational purposes and may be updated from time to time.
Digibate reserves the right to introduce, modify, replace or discontinue Subscription plans at any time.
Nothing in these Terms guarantees the continued availability of any particular Subscription plan, feature, integration, AI model or functionality.
Access to certain features may depend on the Subscription selected by the Customer.
Customers are responsible for selecting a Subscription suitable for their own requirements.
Certain Services operate using a Credit-based usage model.
Credits may be consumed when using selected features, including but not limited to AI image generation, AI video generation, AI text generation and any other Services designated by Digibate.
Unless expressly stated otherwise:
Credits are allocated in accordance with the Customer’s Subscription.
Unused Credits may expire in accordance with the applicable Subscription.
Where rollover of Credits is available, any rollover shall be subject to the limitations specified in the applicable Subscription plan.
Promotional Credits may be subject to separate conditions, expiry dates or usage restrictions.
Digibate reserves the right to revoke Credits obtained through:
Digibate’s records regarding Credit balances and Credit consumption shall be presumed accurate unless the Customer demonstrates a manifest technical error.
Digibate reserves the right to modify Credit allocations, Credit consumption rates or Credit policies upon reasonable notice.
Subscriptions are billed in advance on either a monthly or annual basis, depending on the Subscription selected by the Customer.
By purchasing a Subscription, the Customer authorises Digibate and its payment provider to automatically charge the selected payment method for all applicable Subscription fees, taxes and other authorised charges.
The Customer is responsible for ensuring that payment information remains accurate and valid at all times.
If a payment cannot be successfully processed, Digibate may:
Failure to make payment does not relieve the Customer of any payment obligation.
Digibate may use third-party payment processors.
All payment processing is subject to the applicable terms and privacy policies of those providers.
Digibate does not store complete payment card information.
Unless expressly stated otherwise, all prices displayed by Digibate are exclusive of applicable taxes.
Where Digibate is legally required to collect VAT, sales tax or similar taxes, such taxes shall be added to the purchase price.
The Customer is solely responsible for any taxes, duties, levies or governmental charges arising from its purchase or use of the Services, except taxes based on Digibate’s income.
Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
Renewal charges shall be processed using the payment method associated with the Customer’s Account.
The renewal price shall be the price applicable at the time of renewal.
Digibate may change Subscription pricing in accordance with Clause 16.
Cancellation prevents future renewals but does not terminate the current Subscription before the end of the applicable billing period.
Customers may upgrade or downgrade their Subscription where such options are made available through the Platform.
Unless otherwise stated:
Downgrading a Subscription may result in:
The Customer is responsible for ensuring that any downgrade remains suitable for its requirements.
Digibate shall not be liable for any reduction in functionality resulting from a downgrade selected by the Customer.
Digibate may offer free trial periods at its sole discretion.
Eligibility for free trials is determined solely by Digibate.
Digibate reserves the right to withdraw, modify or discontinue free trials at any time.
Where payment details are required to activate a free trial, the Customer authorises Digibate to automatically convert the free trial into a paid Subscription unless cancelled before the trial period expires.
Customers are responsible for cancelling a free trial before renewal if they do not wish to continue with a paid Subscription.
Digibate may offer promotional pricing, discounts, bonus Credits or other incentives from time to time.
Unless expressly stated otherwise:
Digibate reserves the right to withdraw or revoke promotional offers where they have been obtained through fraud, abuse, technical error or violation of these Terms.
The Customer may cancel a Subscription at any time through the Platform or by any other cancellation method made available by Digibate.
Cancellation prevents future renewals but does not terminate the current Subscription before the end of the applicable billing period.
Following cancellation, the Customer shall continue to have access to the Services until the Subscription expires, unless the Account is suspended or terminated under these Terms.
Except where mandatory law provides otherwise, all payments made to Digibate are final and non-refundable.
This includes, without limitation:
Failure to use the Services does not entitle the Customer to a refund.
Nothing in these Terms limits any mandatory consumer rights that cannot lawfully be excluded.
Digibate may modify Subscription pricing, Credit allocations, Credit consumption rates and pricing structures from time to time.
Where required by applicable law, Digibate will provide reasonable notice before material pricing changes take effect.
Any pricing changes affecting existing Subscriptions shall normally take effect upon the Customer’s next renewal.
Continued use of the Services following renewal constitutes acceptance of the updated pricing.
Digibate continually develops, improves and updates the Services.
Accordingly, Digibate may at any time:
Digibate shall use reasonable efforts to provide advance notice where changes materially reduce core functionality of an active Subscription.
Nothing in these Terms guarantees that any specific feature, AI model, integration or functionality will remain available indefinitely.
Digibate may provide customer support through email, online documentation, in-platform messaging or other communication channels.
Unless expressly agreed in writing, any support response times published by Digibate are targets only and do not constitute a contractual service level commitment.
Digibate does not guarantee uninterrupted availability of support services.
Customer support is provided in English unless Digibate expressly offers support in additional languages.
Subject to these Terms, Digibate grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services during an active Subscription.
The Services may only be used for lawful purposes and in accordance with these Terms.
The Customer is responsible for ensuring that all authorised users comply with these Terms.
The Customer remains responsible for all activity conducted through its Account, regardless of whether such activity is carried out by employees, contractors or other authorised users.
Digibate may implement reasonable technical, operational or usage limitations where necessary to protect the security, availability, integrity or performance of the Services.
The Customer shall not access or use the Services in any manner that could interfere with the operation of the Platform or the experience of other users.
The Customer acknowledges and agrees that the Services are software tools designed to assist with content creation, marketing, planning, scheduling and publishing.
The Customer remains solely responsible for all decisions made using the Services.
The Customer is solely responsible for:
The Customer shall use the Services responsibly and in accordance with all applicable laws.
Nothing within the Services constitutes legal, financial, tax, accounting, compliance or professional advice.
The Customer acknowledges that artificial intelligence generates probabilistic outputs and may produce inaccurate, incomplete, misleading, biased, offensive or otherwise unsuitable Content.
Accordingly, the Customer shall independently review, verify, edit and approve every item of Generated Content before it is:
Publication of Content through the Services constitutes the Customer’s confirmation that such review has taken place.
The Customer acknowledges and agrees that Digibate does not review, approve or verify Content before publication.
Failure to review AI-generated Content shall remain the sole responsibility of the Customer.
Digibate provides software, artificial intelligence tools and technology that enable Customers to generate, edit, organise, schedule and publish Content.
Digibate does not create marketing campaigns on behalf of Customers and does not make editorial, legal or commercial decisions for Customers.
Digibate does not:
The Customer acknowledges that Digibate merely provides the technological infrastructure through which the Customer may create and publish Content.
The Customer remains solely responsible for every item of Content created, modified, approved, scheduled or published through the Services, regardless of whether such Content was:
For the avoidance of doubt, publication of Content through the Services constitutes confirmation that the Customer has independently reviewed and approved such Content.
Nothing in the Services shall be interpreted as confirmation that any Content complies with applicable law, platform policies or industry standards.
The Customer acknowledges that the Services utilise artificial intelligence provided by Digibate and third-party providers.
Artificial intelligence is inherently probabilistic and may produce outputs that are inaccurate, incomplete, outdated, inconsistent, offensive or unsuitable.
Accordingly, Digibate makes no representation or warranty that AI Output:
AI Output should always be independently evaluated by the Customer before use.
Digibate may modify, replace or discontinue artificial intelligence models, prompts, workflows or providers at any time without liability.
AI Output generated at different times from the same or similar prompts may produce different results.
The Customer acknowledges and agrees that Digibate has neither the practical ability nor any contractual obligation to independently verify:
of any Content generated, uploaded, edited, approved, scheduled or published through the Services.
Digibate is not expected to proactively monitor, detect or prevent unlawful, infringing or otherwise illegal Customer Content and shall not be deemed to have knowledge of such Content solely because it is processed through the Services.
The Customer agrees that Digibate shall not be liable for any claim, investigation, regulatory action, fine or loss arising from the publication or use of such Content.
The Customer is solely responsible for ensuring that its use of the Services complies with all applicable laws, regulations, governmental guidance, industry standards and platform policies.
This includes, without limitation:
Digibate does not provide legal or regulatory advice.
Digibate does not represent or warrant that any AI Output or other Content generated through the Services complies with applicable law.
The Customer remains solely responsible for determining whether any disclosure, notice, disclaimer, watermark or other legal requirement applies to Content generated or published through the Services.
The Services may enable Customers to connect third-party social media accounts and publish Content directly to those platforms.
By connecting a third-party account, the Customer authorises Digibate to communicate with that platform solely for the purpose of providing the Services.
The Customer acknowledges and agrees that:
Digibate acts solely as a technology provider transmitting Content authorised by the Customer.
Digibate shall not be liable for any loss arising from:
If a third-party platform modifies or withdraws access to any API or integration, Digibate may modify or discontinue related functionality without liability.
Where the Customer chooses to use Brand DNA functionality, the Customer authorises Digibate to analyse:
The purpose of Brand DNA is to personalise AI-generated outputs and improve the relevance of the Services.
The Customer represents and warrants that it has all rights, licences, permissions and authority necessary to authorise such analysis.
Brand DNA is generated using automated technologies and artificial intelligence.
Digibate does not warrant that Brand DNA accurately reflects the Customer’s business, products, services, branding or intended marketing strategy.
The Customer remains responsible for reviewing and updating Brand DNA where appropriate.
The Services integrate with and depend upon Third-Party Services, including social media platforms, artificial intelligence providers, payment providers and cloud infrastructure providers.
Digibate does not own or control Third-Party Services.
Accordingly, Digibate is not responsible for:
Use of Third-Party Services remains subject to the applicable terms and policies of those providers.
The Customer retains ownership of all Customer Content uploaded to or created within the Services.
The Customer grants Digibate a worldwide, non-exclusive, royalty-free licence to host, process, reproduce, modify, transmit, store and otherwise use Customer Content solely to the extent necessary to:
Except where required to provide the Services or required by law, Digibate does not claim ownership of Customer Content.
The Customer acknowledges that the above licence automatically terminates within a reasonable period following deletion of the relevant Customer Content or termination of the Account, except where retention is required by law, necessary to resolve disputes, enforce these Terms or maintain secure backup systems.
The Customer represents, warrants and undertakes that:
The Customer remains solely responsible for the legality, ownership, accuracy and use of all Customer Content.
Subject to applicable law and the rights of any third-party providers, the Customer owns or is granted all rights that Digibate is legally able to assign in Generated Content created specifically for the Customer through the Services.
However, the Customer acknowledges that:
Digibate makes no representation that Generated Content is free from third-party rights or suitable for commercial use.
The Customer is solely responsible for determining whether Generated Content is appropriate for any intended use.
Except for the limited rights expressly granted under these Terms, all right, title and interest in and to the Services remain the exclusive property of Digibate and its licensors.
This includes, without limitation:
Nothing in these Terms transfers ownership of any intellectual property belonging to Digibate.
Except as expressly permitted by these Terms or by applicable law, the Customer shall not, directly or indirectly:
The Customer shall not use the Services in any manner that could impair the security, stability or availability of the Platform.
The Customer shall not use the Services to generate, upload, publish or distribute Content that:
The Customer shall not use the Services for any unlawful, abusive or fraudulent purpose.
Digibate reserves the right to determine, acting reasonably, whether use of the Services violates these Terms.
The Customer shall use the Services in a fair and reasonable manner.
Even where usage remains within applicable Credit allocations, Digibate may investigate or restrict activity that, in its reasonable opinion:
Where reasonably practicable, Digibate will notify the Customer before applying permanent restrictions.
Digibate is under no obligation to monitor Customer Content.
However, Digibate may investigate suspected misuse of the Services where reasonably necessary to:
Nothing in these Terms requires Digibate to actively monitor or moderate Customer Content.
Digibate reserves the right, but assumes no obligation, to refuse to generate, process, store, schedule, transmit or publish any Content where Digibate reasonably believes that such Content:
Digibate may remove or disable access to such Content without prior notice where reasonably necessary.
Nothing in this clause obliges Digibate to review, monitor or remove Customer Content.
Digibate may immediately suspend or restrict access to all or part of the Services where it reasonably believes that:
Where reasonably practicable, Digibate will notify the Customer of the suspension and the reason for it.
Digibate shall not be liable for losses arising from any suspension implemented in accordance with this clause.
The Customer may terminate these Terms at any time by cancelling all active Subscriptions and ceasing use of the Services.
Digibate may terminate these Terms or the Customer’s Account immediately where:
Termination does not relieve the Customer of any outstanding payment obligations accrued prior to termination.
Following termination, the Customer’s right to access the Services immediately ceases, except where continued access is expressly permitted by Digibate.
Following cancellation or termination, Digibate may retain Customer Content and account information for a reasonable period where necessary to:
After that period, Digibate may permanently delete Customer Content, Generated Content, Brand DNA information and associated account data.
The Customer is solely responsible for exporting or backing up any Content before cancellation or termination of the Services.
Digibate shall have no obligation to retain Customer Content beyond any legally required retention period.
Each party agrees to protect the Confidential Information of the other party using at least reasonable care.
For the purposes of these Terms, Confidential Information means any non-public business, commercial, technical or financial information disclosed by one party to the other, whether orally, electronically or in writing.
Confidential Information does not include information that:
Digibate may disclose Confidential Information where required by law, court order or a competent regulatory authority.
The Customer may choose to provide Digibate with comments, ideas, feature requests, suggestions or other feedback relating to the Services.
Unless otherwise agreed in writing, the Customer grants Digibate a perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable licence to use, reproduce, modify, commercialise and incorporate such feedback into the Services without restriction or compensation.
The Customer acknowledges that Digibate is under no obligation to implement any feedback.
Digibate processes personal data in accordance with its Privacy Policy and applicable data protection laws.
Where Digibate processes personal data on behalf of the Customer as a processor, such processing shall be governed by any applicable Data Processing Agreement (“DPA”).
The Customer remains responsible for ensuring that it has all necessary rights, permissions and lawful bases to provide personal data to Digibate for processing.
Nothing in these Terms limits either party’s obligations under applicable data protection legislation.
Digibate implements commercially reasonable technical and organisational measures designed to protect the Services.
However, the Customer acknowledges that:
Digibate shall not be liable for losses resulting from:
To the fullest extent permitted by applicable law, the Services are provided “as is” and “as available.”
Digibate expressly disclaims all warranties, whether express, implied or statutory, including any warranties of:
Without limiting the foregoing, Digibate does not warrant that:
The Customer assumes all risks associated with its use of the Services.
The Customer agrees to defend, indemnify and hold harmless Digibate Groups ApS, its directors, officers, employees, contractors, affiliates, licensors and service providers from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, losses, judgments, settlements, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to:
This obligation survives suspension, cancellation and termination of the Customer’s Account.
To the fullest extent permitted by applicable law, Digibate shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages arising out of or relating to the Services.
This includes, without limitation:
Nothing in this clause shall exclude liability that cannot legally be excluded under applicable law.
To the fullest extent permitted by applicable law, Digibate’s total aggregate liability arising out of or relating to the Services or these Terms shall not exceed the greater of:
This limitation applies regardless of the legal basis of the claim and regardless of the number of claims made.
Digibate shall not be liable for any delay or failure to perform its obligations where such delay or failure results from events beyond its reasonable control.
Such events include, without limitation:
Performance shall be suspended for the duration of the relevant event.
Digibate may amend these Terms from time to time.
Where required by applicable law, Digibate will provide reasonable notice before material changes become effective.
Continued use of the Services after the effective date of revised Terms constitutes acceptance of the revised Terms.
If the Customer does not accept the revised Terms, the Customer must stop using the Services and cancel any active Subscription before the revised Terms take effect.
The Customer agrees that Digibate may communicate electronically, including through:
Electronic communications satisfy any legal requirement that communications be in writing unless mandatory law provides otherwise.
The Customer may not assign, transfer or otherwise dispose of any rights or obligations under these Terms without Digibate’s prior written consent.
Digibate may assign or transfer these Terms, in whole or in part, in connection with:
These Terms shall bind and benefit the parties and their respective successors and permitted assigns.
Failure by Digibate to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
Any waiver shall only be effective if made in writing by an authorised representative of Digibate.
If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be modified only to the extent necessary to make it enforceable while preserving its intended purpose as closely as possible.
The remaining provisions shall remain in full force and effect.
These Terms, together with the Privacy Policy, Cookie Policy, Data Processing Agreement (where applicable), Acceptable Use Policy and any other documents expressly incorporated by reference, constitute the entire agreement between Digibate and the Customer relating to the Services.
They supersede all previous agreements, negotiations, discussions, understandings, representations and communications relating to the Services.
No oral statement or representation shall modify or supplement these Terms unless confirmed by Digibate in writing.
Nothing contained in these Terms creates or shall be construed as creating:
Neither party has authority to bind or act on behalf of the other unless expressly agreed in writing.
Except where expressly provided by these Terms or required by applicable law, no person or entity other than the parties to these Terms shall have any right to enforce any provision of these Terms.
The Customer acknowledges that Digibate maintains electronic records relating to operation of the Services.
Unless demonstrated to contain a manifest technical error, Digibate’s electronic records shall constitute prima facie evidence of:
Such records may be relied upon for the purpose of administering the Services, resolving disputes and enforcing these Terms.
The Customer represents and warrants that neither the Customer nor any authorised user is subject to sanctions or legal restrictions that prohibit use of the Services.
The Customer shall not use the Services in violation of any applicable export control laws, trade restrictions or sanctions.
Digibate may immediately suspend or terminate access where required to comply with applicable export control or sanctions laws.
These Terms and any dispute arising out of or relating to the Services shall be governed by and construed in accordance with the laws of Denmark, excluding its conflict of law rules.
Nothing in these Terms limits any mandatory consumer protection rights that cannot legally be excluded under applicable law.
The parties agree to first attempt to resolve any dispute through good-faith negotiations.
If a dispute cannot be resolved through negotiation, it shall be submitted to the competent courts of Denmark.
Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief where necessary to protect its rights.
Questions regarding these Terms or the Services may be directed to:
Digibate Groups ApS
Email: hello@digibate.com
Website: https://www.digibate.com
In addition to all other obligations under these Terms, the Customer shall not use the Services to:
Digibate reserves the right to investigate suspected violations of this Schedule and take any action permitted under these Terms.
Credits are allocated in accordance with the applicable Subscription.
Unless expressly stated otherwise:
Digibate reserves the right to modify Credit allocations, Credit consumption rates and Credit policies upon reasonable notice.
The Customer acknowledges and agrees that:
Digibate does not guarantee that AI Output:
The Customer assumes sole responsibility for all decisions made using AI Output.
The Services rely upon Third-Party Services, including but not limited to:
Digibate is not responsible for interruptions, outages, API changes, policy changes, service restrictions or decisions made by Third-Party Services.
Use of Third-Party Services remains subject to the applicable terms and conditions of those providers.
The Customer acknowledges and agrees that it is solely responsible for ensuring that all Content generated, edited, approved, scheduled or published through the Services complies with all applicable laws, regulations and platform policies.
This includes, without limitation:
Digibate does not provide legal, regulatory or compliance advice and makes no representation that any Content generated through the Services complies with applicable law.
The Customer acknowledges and agrees that:
