DIGIPHY.IT CORPORATION

TERMS OF SERVICE

LAST UPDATED: February 2, 2026

Welcome to Digiphy.it. Please read these terms of service ("Terms of Service") carefully. These Terms of Service constitute the legal contract between Digiphy.it Corporation (“Digiphy”) and any individual opting in to use the Digiphy website at www.digiphy.it (the "Site") and the related services offered by Digiphy through the Site (together with the Site, the “Services”). Your use of the Services in any way means that you agree to all of these Terms of Service, and these Terms of Service will remain in effect while you use the Services. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms” and collectively with the Terms of Service, the “Agreement”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

If you have questions regarding the Agreement, these Terms of Service or about Digiphy, please contact us by email at support@digiphy.it.

1. APPLICABLE TERMS AND POLICIES

  1. Privacy Policy. Please read our Privacy Policy carefully for details relating to what information and data we collect from you and how we use that information internally and disclose it to third parties. Our Privacy Policy is posted at https://www.digiphy.it/privacy-policy and is incorporated into these Terms of Service by reference. You understand that by using the Services you consent to the collection, use and disclosure of your Personal Information (defined as information about an individual that, either by itself or when combined with information from other available sources, allows that individual to be identified) as set forth in our Privacy Policy, and to have your Personal Information collected, used, transferred to and processed in the United States.
  2. Modifications. Digiphy may, in its sole discretion, modify or revise the Terms of Service at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to the Terms of Service, you should periodically review the most up-to-date version, which will always be posted at www.digiphy.it/consumer-terms. Your continued use of the Services constitutes your acceptance of such changes.
  3. You Must Be 16 or Older. If you are creating an account and/or otherwise opting in to use or participate in the Services, you represent that you are the age of majority in your jurisdiction and fully able and competent to agree to these Terms of Service. You affirm you are 16 years of age or older, as the Services are not intended for, and do not knowingly collect Personal Information from, individuals under 16. If you are between 16 and the age of majority in your jurisdiction, you may use the Services only with the involvement of a parent or guardian.
  4. PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE (SECTION 12). IN THE EVENT INFORMAL RESOLUTION IS NOT POSSIBLE, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND DIGIPHY AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND, WHERE PERMISSIBLE BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. CONSUMER USER ACCOUNTS

  1. Account Creation. In order to access and use certain features of the Services, you will have to create a user account (“Account”). To create an Account, you will be asked to provide your first and last name, valid email address and/or mobile telephone number, and any other information indicated as required. You may also provide information to permit us to make payments to you (such as your preferred payment processor and associated account information) and/or to permit integrations with third-party sites or services. When creating an Account, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and keeping your password secure. You agree to notify Digiphy immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. You are solely responsible for any and all use of your Account. Although Digiphy will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Digiphy or others due to such unauthorized use. Digiphy may refuse to open, may suspend, or may terminate an Account for any reason, in Digiphy’s sole discretion.
  2. Prohibitions. You may not (a) create more than one Account; (b) provide any false or unauthorized information (including without limitation personal information) to us, create an Account for anyone other than themself, or permit any other person to create an Account for them; (c) use the account, username, or password of another Digiphy Account holder at any time or disclose their password to any third party. We reserve the right to suspend or terminate any Account if any information provided during the Account creation process or thereafter proves to be inaccurate, false, misleading, duplicative of an existing Account, or violative of our Terms of Service.

3. ELECTRONIC COMMUNICATIONS

a) As part of the account creation process and in order to use certain Services, you may also provide us with your mobile phone number and opt in to receive certain text or SMS messages (“SMS Messages”) from or on behalf of Digiphy and/or one or more brand customers (each a “Partner Brand”) through your wireless provider to the mobile number you provided. To the extent you voluntarily opt to have SMS Messages sent directly to your mobile phone, the following terms apply:

  1. Express Consent. You hereby expressly consent to receiving communications from or on behalf of Digiphy for the purposes specified in your opt-in via any electronic means or forms as Digiphy deems appropriate in its discretion, whether through the Site, through your Account, by e-mail, by chat, by text messages, SMS Messages, and multimedia messaging service a/k/a MMS, or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for purchase of any Digiphy products or services.
  2. E-mail Opt-Out. You may opt-out of receiving any e-mails as described above any time by following the opt-out instructions in any such e-mails you have received and would like to opt-out of. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Services, your Account, and/or your ability to receive certain messages and/or notifications from Digiphy.
  3. Text Message Opt-Out. You may opt-out of receiving any text messages, SMS Messages, and multimedia messaging service a/k/a MMS as described in the above section at any time by following the opt-out instructions in any such text messages you have received and would like to opt-out of. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Services, your Account, and/or your ability to receive certain messages and/or notifications from Digiphy.
  4. Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to opt in to electronic communications from or on behalf of Digiphy, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms of Service. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement will survive these Terms of Service and your use of the Services.
  5. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD THE DIGIPHY PARTIES (AS DEFINED BELOW) HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
  6. To the extent you also opt in to receiving electronic communications, including text messages, SMS Messages, and/or multimedia messaging service a/k/a MMS from one or more of Digiphy’s Partner Brands, your communications with such Partner Brands will be governed by the Partner Brands’ terms of service and/or privacy policy and you will need to separate opt out of any such electronic communications directly with the Partner Brands. You understand and agree that, once you have opted in, Digiphy has no control over electronic communications to you from or on behalf of Partner Brands, does not have the ability to opt out of Partner Brands’ electronic communications on your behalf, and disclaims any liability associated with or arising from such electronic communications.

b) As part of the account creation process and/or in order to use certain Services, you may also provide us with your email address. To the extent we deliver marketing emails, you may change your communication preferences to opt out of marketing emails, but please be aware that you cannot opt out of receiving service messages from us, including security and legal notices.

4. SERVICES; BRAND CAMPAIGNS

As part of the Services, you may have the opportunity to opt in to one or more offers, deals, rebates, rewards, or other campaigns offered by Partner Brands to consumers via the Digiphy Services (each, a “Brand Campaign”). Brand Campaigns and other offers may be subject to other terms, conditions, and restrictions set forth on the Services or presented on the Services in connection with such campaign or offer. For example, Brand Campaigns and other offers may be available for a limited time, while supplies last, and provided on a first-come, first-serve basis. 
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As part of certain Brand Campaigns available via the Services, Digiphy may provide you with certain payments, rebates, or other rewards, for example when you make a verified qualifying purchase from the sponsoring Partner Brand(s). You will receive the stated reward once you successfully complete the required action described in that specific Brand Campaign or offer (such as purchasing certain qualifying product(s) and providing Digiphy with the required receipt or other proof of purchase). Payments, rebates, or other rewards may be subject to other terms, conditions, and restrictions set forth on the Services or presented on the Services in connection with the applicable Brand Campaign or offer. For example, payments, rebates, or other rewards may be limited to one (1) per household, may be limited to United States residents, may not be valid with any other offers, discounts or coupons, may be non-transferable, and may be ineligible for sale or exchange for cash or another product. Digiphy is not responsible for lost, stolen or damaged payments, rebates, or other rewards. You are solely responsible for any taxes incurred by your relating to the receipt of any payments, rebates, or other rewards. 

Digiphy reserves the right to modify, pause or terminate any Brand Campaign or offer at any time, as well as the right to deny, restrict or revoke your participation in any Brand Campaign or offer at Digiphy’s sole discretion. All qualifying purchasers must be verified by Digiphy. If Digiphy determines that you are attempting to obtain an unfair advantage, engage in fraudulent behavior or otherwise violate the terms or spirit of any Brand Campaign or offer, Digiphy reserves the right to (a) revoke any payments, rebates, or other rewards, (b) charge you for any such payments, rebates, or other rewards issued to you, and/or (c) suspend or block you from all Brand Campaigns offered through Digiphy.

5. FEES AND PAYMENTS

  1. The Services are currently free to consumer users, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
  2. As part of the Services, Digiphy may provide you with certain payments, refunds or other rewards, for example when you opt into and meet the qualifying requirements of certain Brand Campaigns. Digiphy fulfills any such payments, refunds, or other rewards via your preferred third-party payment processor (e.g., Venmo, PayPal).

6. TERM; TERMINATION

  1. User Account Termination. These Terms of Service shall remain in full force and effect while you use the Services, have an Account, and even after your Account is terminated. You may terminate your Account, at any time, for any reason, by following the directions in the Account settings. You agree that we may also terminate your Account or use of the Services at any time in our sole discretion, if you breach these Terms of Service, or otherwise, and you agree that we shall not be liable to you or any third party for any such termination. If you or we terminate your Account, your access to the Services will be terminated and any Content, as defined below, you have provided or uploaded will no longer be accessible through your Account. Although you will not have access to your uploaded Content, you understand and agree that the Content that you provided and/or uploaded to the Services may persist and appear within the Services or otherwise. Upon your request and subject to our Privacy Policy, and in Digiphy’s sole discretion, you may be able to reinstate your Account for a period of one (1) year after termination.
  2. Effect of Termination. All licenses granted herein will cease upon expiration of termination of your Account. The remaining provisions of these Terms of Service that by their nature extend beyond the termination thereof will survive termination, including by way of example, any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

7. OUR PROPRIETARY RIGHTS; RESTRICTIONS

  1. Ownership. Our Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, we (or our licensors) exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. The content on the Services, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features ("Content"), is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Digiphy and any other respective owners. Digiphy reserves all rights not expressly granted in and to the Services and the Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services will be the sole and exclusive property of Digiphy.it Corporation, and you hereby irrevocably assign to us all of your right, title and interest in and to the foregoing.
  2. Limited License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Digiphy owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
  3. Restrictions. You will only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. You may not (a) copy, modify or distribute the Services, including without limitation any Content, in whole or in part, for any purpose; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party; (c) decompile, reverse-engineer, disassemble, or create derivative works of the Services, or otherwise attempt to discover the source code of the Services; or (d) use the Services in any unlawful manner, for any unlawful or illegal purpose, or in any manner inconsistent with these Terms of Service. You further agree not to (i) interfere with, damage, impair, or disable the Services' operation, by any means (whether through automated means or otherwise), including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code; (ii) use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express consent or bypass our robot exclusion headers or similar measures; (iii) remove, circumvent, disable, damage or otherwise interfere with the Services' security-related features, features that prevent or restrict the use or copying of any part of the Services, or features that enforce Services limitations; (iv) attempt to gain unauthorized access to the Services, other user accounts, computer systems or networks connected to the Services through hacking, password mining, or any other means; (v) reformat or frame any portion of the Services; or (vi) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Services.

8. YOUR CONTENT; THIRD PARTY CONTENT, SERVICES AND INTERACTIONS

  1. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
  2. The Services may contain links, information, and references to third party content, products, services, and websites which we do not control or maintain ("Third Party Sites"), including those of our Partner Brands. Access to and use of any Third Party Sites is at your own risk and we are not responsible for (a) the accuracy or reliability of information on Third Party Sites, (b) the acts or omissions of the operators of Third Party Sites (or their partners or affiliates), (c) any loss or damage incurred in connection with the use of any Third Party Site, (d) any transaction you consummate in connection with your use or access of any Third Party Site, or (e) any personal information you share with or provide to any Third Party Site. We provide these links merely as a convenience, and the inclusion of such links does not imply an endorsement. You should review any applicable terms and policies of such Third-Party Sites, including without limitation the privacy policies, since their terms and policies, not ours, apply to your interactions with them. In addition, Digiphy will not and cannot censor or edit the content of any Third-Party Site. You expressly relieve and release Digiphy from any and all liability arising from your use of any Third-Party Site.
  3. But for any Brand Campaign expressly offered through the Services, your interactions with third-parties, including Partner Brand(s), you learn of through the Services, or interact with as a result of the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Digiphy      shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
  4. If there is a dispute between participants on this Site or Services, or between users and any Partner Brand or other third party, you agree that Digiphy is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release the Digiphy Parties (defined below) from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

9. DISCLAIMER OF WARRANTIES

  1. Warranty Disclaimer. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DIGIPHY.IT CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (TOGETHER, THE “DIGIPHY PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE DIGIPHY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS AS TO (A) THE SERVICES; (B) ANY DIGIPHY, PARTNER BRAND, USER, AND/OR THIRD-PARTY CONTENT ON OR AVAILABLE THROUGH THE SERVICES; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO DIGIPHY OR VIA THE SERVICES.
  2. No Technical Warranties. THE DIGIPHY PARTIES DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, (B) DEFECTS WILL BE CORRECTED, (C) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, OR (D) THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL.
  3. Certain Jurisdictions. THE DIGIPHY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE DIGIPHY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF SERVICE. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

10. LIMITATIONS ON LIABILITY

  1. No Liability for Losses or Damages. UNDER NO CIRCUMSTANCES WILL THE DIGIPHY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SERVICES AND ITS OPERATION; (B) ANY DIGIPHY, PARTNER BRAND, USER, OR THIRD PARTY CONTENT AVAILABLE ON THE SERVICES, OR ANY BRAND CAMPAIGN OR PARTNER BRAND-PROVIDED MATERIALS; (C) YOUR INABILITY TO ACCESS OR USE THE SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE DIGIPHY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (E) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; OR (F) LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, DEATH, PERSONAL INJURY, OR COMPUTER FAILURE OR MALFUNCTION. THE DIGIPHY PARTIES SHALL NOT BE LIABLE FOR THE FOREGOING LOSSES OR DAMAGES (X) EVEN IF FORESEEABLE OR EVEN IF DIGIPHY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (Y) WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES).
  2. State Requirements. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  3. Monetary Limitation. IN NO EVENT WILL THE DIGIPHY PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
  4. No Injunctions. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE ACTS OR OMISSIONS OF THE DIGIPHY PARTIES, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OF ANY KIND.
  5. Waiver of California Civil Code Section 1542. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
  6. Acts or Omissions of Third Parties; No Endorsement. DIGIPHY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION PARTNER BRANDS, AND YOU RELEASE THE DIGIPHY PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. NONE OF THE DIGIPHY PARTIES ENDORSE ANY PARTNER OR PRODUCT OF ANY PARTNER, AND YOU AGREE THAT NONE OF THE DIGIPHY PARTIES HAS ANY RESPONSIBILITY OR LIABILITY TO YOU WITH RESPECT TO ANY TRANSACTION, COMMUNICATION, OR INTERACTION ARISING OR RESULTING FROM YOUR USE OF THE SERVICES.

11. INDEMNIFICATION

You agree to indemnify and hold the Digiphy Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services; (b) your breach or alleged breach of these Terms of Service and/or any Additional Terms; (c), your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (e) any misrepresentation made by you. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

12. DISPUTE RESOLUTION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS AND REQUIRES YOU TO ARBITRATE DISPUTES WITH DIGIPHY, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DIGIPHY, INCLUDING A LIMITATION ON THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under any statute, regulation, or legal or equitable theory.

  1. Jury Trial Waiver. Except where prohibited by law, you and Digiphy waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Digiphy elect to have claims and disputes resolved by arbitration. In any litigation between you and Digiphy over whether to vacate or enforce an arbitration award, you and Digiphy waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
  2. Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND DIGIPHY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Digiphy are entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth below.
  3. Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against Digiphy, you agree to try to resolve the dispute informally by contacting us via email to support@digiphy.it, and providing us with your email address. We'll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or we may bring a formal proceeding subject to these Terms of Service.
  4. Applicability of Arbitration Agreement. You and Digiphy agree that all disputes arising out of, relating to, or in connection with these Terms of Service, this Agreement, or your use of the Services will be resolved through binding arbitration on an individual basis, except that you and Digiphy retain the right: (1) to bring an individual action informally (as provided in section c above) or in small claims court, or (2) seek injunctive or other equitable relief in a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. All submissions to the arbitrator, the proceedings, and the award shall be confidential, except as may lawfully be required in judicial proceedings relating to the arbitration or as otherwise required by law.
  5. Arbitration Rules and Governing Law. Notwithstanding your and Digiphy.it Corporation’s agreement that California law governs interpretation and application of these Terms of Service generally, you and Digiphy.it Corporation further hereby agree that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. ("FAA"), applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration.

    Unless you and Digiphy.it Corporation agree otherwise in writing, the arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to JAMS Streamlined Arbitration Rules and Procedures (JAMS Streamlined Rules"), as modified by this agreement, and consistent with JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness ("JAMS Consumer Fairness Standards"). The arbitrator must honor the terms and limitations in the agreement and can award damages and relief, including any attorneys' fees authorized by law.

    Notwithstanding JAMS Streamlined Rule 8(b), you and Digiphy.it Corporation agree that any dispute as to the arbitrability of a claim brought by either you or Digiphy.it Corporation shall be resolved by a court of competent jurisdiction.
  6. The Arbitrator's Decision. The arbitrator will render an award in accordance with JAMS Streamlined Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Digiphy.it Corporation will not seek, and hereby waives all rights Digiphy.it Corporation may have under applicable law to recover, attorneys' fees and expenses if Digiphy.it Corporation prevails in arbitration, unless you assert a frivolous claim.

    The arbitrator's decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court with jurisdiction.
  7. Location & Fees. Unless you and Digiphy.it Corporation agree otherwise in writing, the arbitration will take place in-person in the county in which you reside.

    If you initiate an arbitration for claims arising from this agreement, you will be required to pay $250 of the fee required to initiate the arbitration and Digiphy.it Corporation will pay any remaining JAMS Case Management Fees and all professional fees for the arbitrator's services; you will remain responsible for your respective costs relating to counsel, experts, witnesses, and travel to the arbitration.

    If Digiphy.it Corporation initiates an arbitration for claims arising from this agreement, Digiphy.it Corporation will pay all administrative fees and costs related to the arbitration, including all professional fees for the arbitrator's services; you will remain responsible for your costs relating to counsel, experts, witnesses, and travel to the arbitration.

    Notwithstanding the foregoing, either party may bring an individual action in a small claims court for disputes or claims within the scope of such court's jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Digiphy.it Corporation on your behalf.
  8. Additional Procedures for Mass Arbitrations. These Additional Procedures for Mass Arbitrations (in addition to the other provisions of this arbitration provision and the applicable AAA Rules) shall apply if twenty-five (25) or more similar disputes are asserted against Digiphy or against you by the same or coordinated counsel or are otherwise coordinated (collectively "Mass Arbitration"). These Additional Procedures for Mass Arbitrations are designed to lead to the streamlined and cost-effective resolution of claims and to ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of similar claims. They are not intended to delay or deny access to arbitration. You understand, acknowledge, and agree that Mass Arbitrations may delay resolution of your dispute. The parties agree that as part of initiating a Mass Arbitration, their counsel shall meet and confer in good faith in an effort to resolve the disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and the AAA's resources.

    If at least one hundred (100) disputes are submitted as part of the Mass Arbitration, counsel for each party shall each select fifty (50) disputes to be filed, assigned to different arbitrators (no arbitrator shall be assigned more than 3 disputes) and to proceed as cases in individual arbitrations. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of this process. The remaining disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining disputes, and Digiphy shall pay the mediator's fee. If counsel cannot agree on a mediator, one will be selected by the Arbitrator.

    If at the end of the process described in the immediately preceding paragraph, twenty-five (25) or more similar disputes have not been resolved, then the remaining disputes shall be arbitrated subject to the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule. If fewer than twenty-five (25) disputes remain, the remaining disputes shall proceed individually.
  9. Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Digiphy can force the other to arbitrate. To opt-out, you must notify Digiphy in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and mailing address, and the email address you used to set up your Digiphy Account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice by  email to support@digiphy.it from the email address associated with your Account. If you opt-out of this agreement to arbitrate, the opt-out shall not waive or affect any other portion of these Terms of Service.
  10. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Digiphy.
  11. Changes. Notwithstanding the provisions regarding modification of these Terms of Service, if Digiphy.it Corporation changes this "Dispute Resolution" section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by providing Digiphy.it Corporation email notice of such rejection from the email address associated with your Account to: support@digiphy.it within 30 days of the date such change became effective, as indicated in the "Last Updated" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Digiphy.it Corporation in accordance with the provisions of the Arbitration section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

13. MISCELLANEOUS

The Agreement, the Terms of Service, Privacy Policy, any other legal notices published by Digiphy on the Site shall constitute the entire agreement between you and Digiphy concerning the Services. The heading references herein are for convenience purposes only, do not constitute part of the Agreement, and shall not limit or affect any provision hereof. In the event that any provision of the Agreement is held to be unenforceable, the Agreement will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties. The Agreement will be governed by the laws of California, without regard to its conflict of laws principles. Subject to the Dispute Resolution provision above, the parties consent to the personal and exclusive jurisdiction of the state and federal courts in Los Angeles, California. You may not assign the Agreement without the prior written consent of Digiphy, and any prohibited assignment will be null and void. There are no third-party beneficiary rights under the Agreement. Waiver by either party of a breach of any provision of the Agreement or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. 

Contact Us

Digiphy welcomes your feedback. Please contact us at support@digiphy.it with any questions or comments regarding these Terms of Service.

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