§ 1. GENERAL PROVISIONS
These terms of use (hereinafter referred to as the “Terms”) apply to your use of the digitalassistance24.com website (hereinafter referred to as the “Website”) and services and products (hereinafter referred to as the “Services” or individually a “Service”), operated by Digital Dialog LLC with its registered office at 1209 Orange Street, Wilmington, Delaware 19801 (hereinafter referred to as the “Company”, “we”, “us” or “our”).
By accessing or using any of the Services, you agree to be bound by these Terms. These Terms expressly incorporate by reference and include the Privacy Policy and any guidelines, policies or additional terms or disclaimers that may be posted and/or updated on the Service or notices that are sent to you. If you do not agree with these Terms, please do not use the Services.
Supplemental terms that may be posted on the Website from time to time are hereby expressly incorporated herein by reference.
§ 2. COPYRIGHT
All content made available on the Website is protected by copyright and is the property of the Company or other entities that have agreed to make it available. Users may use the content only for personal purposes and may not distribute, copy, modify, or otherwise use it without the Company’s permission.
The User is responsible for all actions taken while using the Website, including any damages caused by copyright infringement or other intellectual property rights violations.
Trademarks, logos and service marks displayed on this Website are registered and unregistered trademarks of Company, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission, except as otherwise described herein.
The User may not use any content from the Website and the Services in combination with an artificial intelligence tool.
The User may not assign his/her rights or obligations under these Terms to anyone.
§ 3. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
The Services may contain links to third-party sites or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from external sites or resources linked to the Services. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Company.
Company and its suppliers provide the Services and all content and any submission included in or accessible from the services “as is” and without warranties or representations of any kind, all of which Company and its suppliers and licensors disclaim to the fullest extent permitted by law. The use of the Services and all content and submissions, included in or accessible from the services are at sole risk of the User.
The User hereby agrees to indemnify and hold the Company, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys’ or legal fees, arising out of or in connection with his/hers violation of these Terms, and your use of or inability to use any of the Services or the content of Website.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT (INCLUDING BUT NOT LIMITED TO FAILURE OF PERFORMANCE, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA), PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS COMPANY TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO COMPANY, OR THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
§ 4. CONFIDENTIALITY
The User and the Company will:
protect each other confidential information with the same standard of care it uses to protect its own confidential information;
not disclose the confidential information, except to affiliates, employees, agents and contractors who need to know it and who have agreed in writing to keep it confidential. The User and the Company (and any affiliates, employees, agents and contractors to whom it has disclosed confidential information) may use confidential information only to exercise rights and fulfil its obligations hereunder, while using reasonable care to protect it.
disclose confidential information when required by law but only after it, if legally permissible: (i) uses commercially reasonable efforts to notify the other Party; and (ii) gives the other Party the chance to challenge the disclosure.
§ 5. PERSONAL DATA PROTECTION
The Company will process Users’ personal data in compliance with applicable data protection laws, particularly Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of individuals regarding the processing of personal data and the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation, referred to as “GDPR”).
Detailed information on the processing of personal data and Users’ rights can be found in the Privacy Policy available on the Website.
§ 6. FINAL PROVISIONS
The User agrees to comply with relevant laws and regulations that apply to your use of the Services, and Website’s content.
If any provision in these Terms is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
In the case of disputes arising from the use of the Website, the courts with jurisdiction over the seat of the Company shall have jurisdiction.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Effective date” of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms by your continued use of the Website after the date such revised Terms are posted.
Effective date: 18 October 2024