TERMS & CONDITIONS

Last updated July 3, 2023

TABLE OF CONTENTS

1. AGREEMENT TO TERMS

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. PROHIBITED ACTIVITIES

5. USER GENERATED CONTRIBUTION

6. CONTRIBUTION LICENSE

7. USE VIA MOBILE APPLICATION

8. COPYRIGHT POLICY

9. THIRD-PARTY WEBSITE AND CONTENT

10. OPEN SOURCE

11. SITE MANAGEMENT

12. PAYMENTS AND AUTOMATIC RENEWALS

13. ‎PRIVACY POLICY

14. TERM AND TERMINATION

15. MODIFICATIONS AND INTERRUPTIONS

16. GOVERNING LAW AND JURISDICTION

17. ‎DISPUTE RESOLUTION

18. ‎CORRECTIONS

19. DISCLAIMER

20. LIMITATIONS OF LIABILITY

21. INDEMNIFICATION

22. USER DATA

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

24. CALIFORNIA USERS AND RESIDENTS

25. MISCELLANEOUS

26. CONTACT US

1.    AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and MyDygz Inc ("Company," “we," “us," or “our”), concerning your access to and use of the https://www.mydygz.com website as well as any other media form, media channel, social platform, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Florida, United States and have our registered office at PO Box 916193, Longwood, FL 32791. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use (the “Terms" and/or “Terms of Use”). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

Modification of the Terms. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms before you use our Site so that you understand which Terms apply. 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 of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Legal Compliance and restrictions.Disclaimer of suitability. The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

2.    INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site as per these terms, you are hereby granted limited non-transferable, non-exclusive, revocable, limitedpermission to access and use the Site (subject to these Terms) and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

4.    PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically (in writing) endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without advance written permission from us.

• Trick, defraud, or mislead us and./or other users, especially, but not limited to, in any attempt to learn sensitive account information such as user passwords.

• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

• Harass or interfere with any other user’s use and enjoyment of the Site with the intention of harming (financially or otherwise) other users.

• Make improper use of our support services or submit false reports of abuse or misconduct.

• Use the Site in a manner inconsistent with any applicable laws or regulations.

• Engage in unauthorized framing of or linking to the Site.

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or worms, or any software intended to damage or alter a computer system or dataor the Site in any way.

• Make excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

• k.  send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, bulk communications, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.

• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining (on and/or of the Site), robots, or similar data gathering and extraction tools.

• Delete the copyright or other proprietary rights notice from any Content.

• Attempt to impersonate another user or person or use the username of another user.

• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred toas “spyware” or “passive collection mechanisms” or “pcms”).

• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site, or services, to you.

• Attempt to bypass any measures of the Site, including, but not limited to, security measures,  designed to prevent or restrict access to the Site, and/or any portion of the Site and/or any other user’s account.

• Copy or adapt, or attempt to copy or adapt, the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or othersoftware. Even if you yourself have never accessed the Site, this section shall apply to you as the owner or initiator of the tool which is doing the above prohibited action.

• Use a buying agent or purchasing agent to make purchases on the Site.

• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

• Use the Site to advertise or offer to sell goods and services.

• Sell or otherwise transfer your profile (not including to a family member).

5. USER GENERATED CONTRIBUTIONS

The Site does not require that you submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. Contributions you transmit may be treated in accordance with these Terms and the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Siteand these Terms.

• Your Contributions are not false, inaccurate, or misleading.

• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

• Your Contributions are not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individualor otherwise objectionable (as determined by us).

• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

• Your Contributions do not violate any applicable law, regulation, or rule.

• Your Contributions do not violate the privacy or publicity rights of any third party.

• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

We reserve the right (but have no obligation) to review any Contributions. Any use of the Site in violation of the foregoing may result in, among other things, termination of your account, suspension of your rights to use the Site, deletion or editing of your Contributions, and any other legal action deemed necessary by us.

6.    CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide in accordance with these Terms and the terms of our Privacy Policy.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property and that we can use and share such Submissions for any lawful purpose, including commercial, without compensation to you. You hereby waive any claims and/or assertions of moral rights or attribution to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

You retain full ownership of all of them and any intellectual property rights or other proprietary rights associated with them. Despite the abovementioned, you hereby grant (and you represent and warrant that you have the right to grant) us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to distribute, publicly display and perform, modify and prepare derivative works of, incorporate into other works or platforms, store, and otherwise use and exploit (including commercially) your Contributions - and to grant sublicenses of the foregoing rights, for any lawful purpose. You hereby irrevocably waive (and agree to cause to be waived) any claims and/or assertions of moral rights or attribution with respect to your Contributions and feedback.

We are not liable for any statements or representations in your Contributions and/or Submissions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

9.    THIRD-PARTY WEBSITE AND CONTENT

The Site may contain  links to other websites (or you may be sent to other websites via the Site)("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, advertisements for third parties and other content or items belonging to or originating from third parties (collectively"ThirdParty Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or anyThird-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

10. OPEN SOURCE

Some components of the Site and/or the services provided by the Site, may include components that are subject to an open-source licenses. These components may include images, fonts, videos, functional code etc. The licenses are usually included in the files of the service provided to you (when applicable).These components are licensed separately to the permission provided in in the permission to use the Site (that we provided to you in section‎2 (third paragraph) here above) and have their own conditions. By using the Site and its’ services, you agree to comply with the relevant open-source licenses that may apply.

11. SITE MANAGEMENT

We reserve the right, but are under no obligation, without prior notice to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these 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 and/or your access and use of the Site; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site 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 Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the experience of all our users.

12. PAYMENTS AND AUTOMATIC RENEWALS

Some of the Site’s features and/or services are free of charge. Other services are subject to a service fee (the "Service Fee"). The Service Fee will be charged using the payment details that you provided when requesting the service or based on the preferred payment method that you selected in your user account. We may limit or change the available payment methods in our sole discretion.

The payment processing system that we use is provided or supported by a third party (for example Google Pay or the Appstore). Such third parties use accepted industry security standards. Nevertheless, we cannot guarantee that these services will be free of errors and do not take any responsibility, other than specifically stated in these Terms, for any faults, errors and or any other damages caused by these third-party payment services.

In certain cases, your selected method of payment may incur you additional fees. For example, some credit card companies charge a fee for online payments or currency conversion fees. These third-party fees are charged directly, and taken by, the relevant third-party payment processor and not by us. Any questions relating to these additional third-party fees should be raised directly with the relevant third party.

Any applicable Service Fees (including any applicable taxes) will be displayed prior to confirming your request for the service. The Service Fee may vary based on your geographical location. We reserve the right to change the Service Fees at any time and while we are under no obligation to do so, we may provide notice of any such changes before they become effective.

Cancellations and automatic renewals. If you selected one of our paid services, these will be charged monthly or yearly (based on your selection) and will continue to be charged until you cancel them, or we terminate your account as per these Terms. By subscribing to one of the paid services you are providing your explicit consent to the automatic renewal of the payment for that service. You may cancel the paid service at any time in accordance with the cancellation options provided on the Site or in the AppStore / Google Play. Cancellations will apply to the nearest next charge. If any refunds are made, they will be done through your original method of payment, or any other reasonable method currently available to us.

13. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at https://www.mydygz.com/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Site is hosted in the United States but that the hosting company may have servers in other countries. Therefore, if you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, or the countries in which your information may be stored, then through your continued use of the Site, you are transferring your data to the United States and these other countries, and you agree to have your data transferred to and processed in the United States and these other countries. Please see more information regarding the use and storage of your information in our Privacy Policy.

18. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

22. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. 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.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC COOMUNICATIONS, SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive 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 means.