This TERMS OF USE AGREEMENT (the "Agreement") constitutes a legally binding agreement by and between DigiDaki, a subscription UX/UI agency based in Berlin, Germany, officially registered under German law as Papageorgiou & Stylianou GbR ("DigiDaki," "we," "us," or "our") and the client, whether personally or on behalf of an entity ("Client," "you," or "your"), regarding access and use of DigiDaki’s website: https://www.digidaki.com (the "Service") and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. Failure to agree and adhere to all the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Service, and the Client is ordered to discontinue use immediately. Any obligation of the Client to pay DigiDaki for services rendered shall remain and continue to be an ongoing obligation.
1. Intellectual Property Rights
Unless otherwise indicated, the Service is the property of DigiDaki, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned and controlled by DigiDaki and are protected by German copyright and trademark laws, foreign jurisdictions, and international conventions. The Content and Marks are provided "as-is" for your information and personal use only. Except as expressly provided herein, no part of the Service or Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without DigiDaki’s express prior written permission. DigiDaki reserves all rights in the Service, Content, and Marks.
2. Ownership of Materials
Notwithstanding DigiDaki’s ownership of submissions as described in Section 9 ("Client Feedback"), all design and original source files created on the Client’s behalf ("Projects") belong to the Client, who shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause DigiDaki to become the owner of a Project, DigiDaki irrevocably assigns its entire interest in the Project to the Client, without limitation. The Client warrants that all materials provided to DigiDaki as examples or as content to be incorporated into a Project are owned by the Client and do not infringe or misappropriate any third party’s rights, including but not limited to intellectual property rights. DigiDaki reserves the right to share the Client's design work publicly (e.g., on social media, website) unless otherwise agreed upon in writing.
3. Third-Party Fonts
If any Project incorporates fonts requiring a commercial license for legal reproduction, distribution, or public display ("Third-Party Fonts"), DigiDaki will inform the Client in writing and provide sufficient information for the Client to purchase the necessary licenses. The Client assumes all responsibility for acquiring such licenses and any consequences of failing to do so.
4. User Representations
By using the Service, you represent and warrant that:
Failure to provide accurate information or violation of these terms may result in termination of your account.
5. Purchases and Payments
We accept the following payment methods:
All payments are in Euros (€). Sales tax, if applicable, will be added to the purchase price. You authorize us to charge your payment method for all fees. DigiDaki reserves the right to correct errors in pricing and may limit or cancel orders at its sole discretion.
6. Subscriptions
Subscriptions may be modified or cancelled via the Stripe client portal.
6.1 Billing and Renewal
Subscriptions renew automatically unless canceled. You consent to recurring charges until cancellation. Subscription renewals are non-refundable. Notification of renewal will be sent seven days prior via email.
6.2 Cancellation
Cancellation takes effect at the end of the current billing period. Meanwhile you can still use DigiDaki’s services till the end of the current billing period and even choose to resubscribe at any time.
6.3 Fee Changes
Fee changes will be communicated in accordance with applicable law.
6.4 Subscription Plan Upgrades
Upgrading an existing subscription may result in prorated charges, ensuring that the Client is billed accurately for partial use of each subscription tier. Plan upgrades take effect and are billed immediately.
For example:
If the Client upgrades from a €10 per month plan to a €20 per month plan halfway through the billing period (30 to 31-days), the Client will be billed an additional €5, calculated as follows:
By default, proration applies in the following scenarios:
6.5 Subscription Plan Downgrades
Downgrades, such as switching to a subscription plan with a lower cost or a shorter billing interval, will be billed and take effect at the end of the current billing period.
6.6 Subscription Plan Pausing
Unlike cancelling, upgrading and downgrading your current plan, pausing it cannot be done through the Stripe client portal, it has to be done manually by contacting DigiDaki in writing.
Here’s how it works:
Our billing cycles are based on a 30 to 31-day period (depending on the month). For example, if you sign up and use the service for 15 days, then decide to pause your subscription, the billing cycle will stop. You’ll still have 16 days of service remaining, which you can use anytime in the future when you’re ready to resume.
6.7 Trial cancellation
If you cancel your trial, your access to all our services will be terminated immediately. Additionally, any designs or materials created during the trial period remain the exclusive property of DigiDaki and may not be used, as they were produced as part of the trial.
7. Refunds
Due to the 7-day trial period for our subscription services and the individualized nature of our custom quotes, we are unable to offer refunds after the trial period has ended.
8. Prohibited Activities
The Client agrees not to:
9. Client Feedback
All feedback, comments, or submissions become the property of DigiDaki, except for rights granted to the Client under Section 2.
10. Management and Oversight
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
11. Privacy Policy
By using the Service, you agree to DigiDaki’s Privacy Policy, incorporated herein by reference.
12. Modifications and Interruptions
DigiDaki may modify or discontinue the Service without notice and is not liable for interruptions or changes.
We cannot assure uninterrupted availability of the Service. Issues such as hardware, software, or maintenance requirements may lead to interruptions, delays, or errors beyond our control. DigiDaki reserves the right to modify, suspend, discontinue, or update the Service at any time without prior notice. You acknowledge that we bear no liability for any inconvenience, loss, or damage incurred due to your inability to access or utilize the Service during such instances.
13. Governing Law
These Legal Terms are governed by and interpreted following the laws of Germany, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. DigiDaki and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Berlin, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Germany, or in the EU country in which you reside.
14. Disclaimer
The Service is provided "as-is." DigiDaki disclaims all warranties, including merchantability and fitness for a particular purpose. DigiDaki disclaims all warranties, express or implied, in connection with the Service and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. DigiDaki makes no warranties or representations about the accuracy or completeness of the Service or any content thereon or content of any websites linked to the Service and DigiDaki assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of DigiDaki’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Service by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Service. DigiDaki does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Service, a hyperlinked website or any website or mobile application featured in any advertising.
15. Limitations of Liability and Indemnification
DigiDaki and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Service. Client agrees to defend, indemnify and hold harmless, DigiDaki and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Service; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, DigiDaki reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify DigiDaki hereunder. Client agrees to cooperate with the defense of such claims.
16. User Data
A: Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Service. DigiDaki shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against DigiDaki from any such loss or corruption.
B: You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site or Subscription Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
17. Electronic Communications, Transactions, and Signatures
Client hereby consents to receive electronic communications from DigiDaki and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Service satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by DigiDaki or through the Service. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
18. Showcasing Work
DigiDaki reserves the right to showcase work unless restricted by a Non-Disclosure Agreement (NDA).
19. Miscellaneous
These Terms of Use and any policies posted on the Service or regarding the Service constitute the entire agreement and understanding between the Client and DigiDaki. Failure of DigiDaki to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and DigiDaki.
20. Contact Information
For any questions or complaints regarding the Service, please contact DigiDaki at: operations@digidaki.com
