Terms & Conditions
Last updated: Apr 1st, 2025
THIS TERMS OF USE AGREEMENT (the "Agreement") constitutes a legally binding agreement by and between Digicon, operated by Digicon Holdings PTE. LTD., with its principal office located at 111 SOMERSET ROAD, #06-01D, SINGAPORE 238164 ("Digicon") and the client, whether personally or on behalf of an entity ("Client"), with regard to access and use of Digicon's websites, including https://digicon.pro and https://ams.digicon.pro (collectively, the "Websites") and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto (the "Services"). Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client's use of the Websites and Services, and the Client is ordered to discontinue use immediately.
1. Intellectual Property Rights
All assets created by Digicon for the Client during the course of our services, including but not limited to AI avatars, voice recordings, video reels, images, scripts, and other digital content (collectively, "Created Assets"), are subject to these intellectual property terms: upon full payment for our services, the Client owns all rights, title, and interest in and to the Created Assets, including associated IP rights. The Client grants Digicon an exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display the Created Assets solely for (a) providing and improving services, (b) marketing and promotional activities (subject to confidentiality agreements), and (c) internal analysis and development of AI systems.
2. Use and Limitations of Created Assets
The Client may use, modify, distribute, and monetize Created Assets in any manner, subject to this agreement. The Client agrees not to use Created Assets in any way that infringes third-party rights, is illegal or fraudulent, misrepresents AI-generated content, or violates platform terms of service. The Client is solely responsible for how Created Assets are used and distributed, and Digicon bears no liability for consequences from that use.
3. Third-Party Content
Where a project includes third-party content requiring a commercial license, Digicon will notify Client in writing, including which licenses are required and whom to contact. Client is responsible for purchasing required licenses and for any consequences of failing to do so.
4. User Representations
By using Digicon's services, Client represents and warrants legal capacity to enter this agreement, accuracy and ownership/licensing of submitted materials, compliance with applicable laws, and that Client will not use services for illegal or prohibited activities.
5. Client Responsibilities and Inactivity
Timely cooperation is essential, including onboarding completion, provision of materials, and approvals. If Client is unresponsive for an accumulated total of 30 days or more from onboarding start date, whether continuous or intermittent, Digicon may deem the project inactive or abandoned and may archive/close it without refund.
6. Prohibited Activities
Client agrees not to violate laws, impersonate individuals without consent, infringe IP, distribute harmful content, compromise system integrity/security, attempt unauthorized access, scrape data, transmit malicious code, reverse engineer services, resell without permission, misrepresent AI capabilities, or use unauthorized automation.
7. Information Collection and Use
We collect several types of information to provide and improve our Services.
Types of Data Collected
- Personal Data: may include email address and usage data.
- Usage Data: may include IP address, browser/device details, visited pages, timestamps, and diagnostic identifiers.
- Other Data: may include profile, identity, address, employment, and related administrative information.
Use of Data
Digicon uses data for service delivery, support, analytics, communications, billing, security, legal compliance, and related operational or consent-based purposes.
8. Retention and Disclosure of Data
Personal Data is retained only as needed for stated purposes and legal obligations. Data may be disclosed for law enforcement, business transactions, affiliates/providers, fulfillment, and other disclosed purposes.
9. Security of Data
We use commercially acceptable means to protect Personal Data, but no transmission or storage method is 100% secure and absolute security cannot be guaranteed.
10. GDPR Rights
EU/EEA residents may have rights to access, rectify, erase, restrict, object, and portability, and to withdraw consent. To request Personal Data access/removal, contact contact@digicon.pro.
11. Service Providers and Analytics
We may use third-party providers to facilitate and analyze Services. These providers may access Personal Data only to perform duties on our behalf and must not disclose or use it for other purposes.
12. Client Feedback
Feedback/submissions provided by Client may be used by Digicon for lawful purposes, including improving AI models, content processes, and service offerings, subject to rights granted under these terms.
13. Management and Oversight
Digicon may monitor use for violations and take legal/technical action, including restricting or denying access, in its sole discretion, to protect rights, service quality, and system integrity.
14. Privacy Policy
By using services, Client agrees to be bound by Digicon's Privacy Policy. Services are primarily hosted in the United States, and using services from other regions may involve cross-border data transfer and processing.
15. Payment and Refund Policy
Pricing may change with notice. Payment is due in advance and may be processed via Airwallex. Due to upfront customization and setup costs, refunds are generally not offered once service has begun, unless required by law. Digicon may terminate services for non-payment.
16. Modification of Services
Digicon may change, amend, or discontinue all or part of the Websites/Services at any time, without notice or liability.
17. Connection Interruptions
Service availability is not guaranteed at all times. Digicon is not liable for loss or inconvenience arising from outages, interruptions, delays, or errors beyond its control.
18. Governing Law and Litigation
These Terms are governed by the laws of Singapore. Legal actions shall be brought in Singapore state courts, and parties consent to personal jurisdiction there.
19. Disclaimer
Websites and Services are provided "as is" and "as available." Digicon disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
20. Limitation of Liability and Indemnification
Digicon and related parties are not liable for direct/indirect/incidental/consequential damages from use of Websites/Services. Client agrees to defend, indemnify, and hold Digicon harmless from third-party claims arising from use, breach, or violations by Client.
21. User Data
Client is solely responsible for all data transmitted to or related to Client activities using Websites/Services. Digicon has no liability for data loss/corruption.
22. Electronic Communications, Transactions and Signatures
Client consents to electronic communications and records, and agrees that electronic notices/signatures satisfy legal writing requirements.
23. Showcasing Content Work
Digicon may share generated work on digital channels unless otherwise agreed in writing (for example, via NDA).
24. Referrals
Referral tracking and payouts are handled by a third-party partner and governed by a separate referral agreement.
25. Miscellaneous
These Terms and posted policies form the entire agreement between Client and Digicon. Invalid provisions are severable without affecting remaining provisions.
26. Contact Information
For questions regarding Websites or services, contact us at contact@digicon.pro.
By using Digicon's services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.