Digitwise Consulting Terms of Service
These Terms of Service (referred to as the “Terms of Service”) constitute a legally binding agreement between you and Digitwise Consulting LLC (“Digitwise,” “we,” “us,” or “our”). These Terms of Service outline the conditions under which you may access and utilize our website located at [https://digitwiseconsulting.com/] and the associated services (collectively referred to as the “Services”).
PLEASE READ THESE TERMS OF SERVICE THOROUGHLY BEFORE ACCESSING OR USING THE SERVICES OR ANY PART THEREOF. BY USING THE SERVICES, CLICKING “I AGREE,” OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY (REFERRED TO AS THE “PRIVACY POLICY,” TOGETHER WITH THE TERMS OF SERVICE, THE “AGREEMENT”), WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) ALL OF THE TERMS OF THESE TERMS OF SERVICE, DO NOT ACCESS OR USE THE SERVICES.
THE SERVICES, CONTENT, SITE, AND DELIVERABLES (AS DEFINED BELOW) PROVIDED TO YOU ARE INTENDED SOLELY FOR YOUR INTERNAL BUSINESS USE AND ARE NOT GAAP ASSURED. DIGITWISE CONSULTING IS NOT A CERTIFIED PUBLIC ACCOUNTING FIRM, AND DIGITWISE EXPLICITLY DISCLAIMS ANY RELIANCE BY YOU ON THE SERVICES, CONTENT, SITE, OR DELIVERABLES BEING COMPLIANT WITH GAAP OR ANY OTHER ACCOUNTING STANDARDS.
THE SECTIONS TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” BELOW CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you possess the authority to bind that company or legal entity to the Agreement. In such cases, the terms “you” and “your” will refer to that company or legal entity.
Capitalized terms not defined in these Terms of Service shall have the meanings ascribed to them in our Privacy Policy.
OUR SERVICES AND USERS
The Services offer financial, strategic, and accounting support tailored to start-up and early-stage companies.
Our Services cater to several types of users:
Visitors: Visitors to our Site, as the term suggests, are individuals who do not register for an account but wish to explore the Site for informational purposes. No login is required for visitors. They can access all publicly available content and features on the Site and may contact us using the provided contact link.
Registered Users and Accounts: To utilize the Services, you must create an account with us. Digitwise Consulting reserves the right, in its sole discretion, to accept or reject any registration. If an entity registers an account and authorizes its employees or independent contractors to access the entity’s account, such individuals will be referred to as “Authorized Users.” Authorized Users and all other account registrants may collectively be referred to as “Users” in these Terms of Service.
To create an account, you or your authorized representative will need to create a password and username (“Digitwise User ID”) and may be required to provide additional information to verify your identity upon future logins. You may also sign in using third-party login credentials (e.g., Google or Apple credentials) (collectively referred to as “Login Credentials”). You may not transfer your account to another party without our prior written consent. When creating your account, you must provide accurate, current, and complete information about yourself. Each Digitwise User ID and password may only be used by one individual. You are responsible for maintaining the confidentiality of your Login Credentials and for all activities associated with your account, including purchases, use of the Services, or communications from your account to Digitwise. You agree to notify us immediately of any unauthorized use or suspected breach of security related to your account.
RESTRICTIONS
We reserve the right, at our sole discretion, to deny you access to the Services or any portion thereof, including by closing or disconnecting your account, without notice and for any reason, including but not limited to your breach of these Terms of Service. If we close or disconnect your account for reasons other than your breach of these Terms of Service, we will provide you with a pro-rata refund for any pre-paid Subscription Fee that has not yet been earned by Digitwise.
USER DATA: LICENSES
Definitions:
“User Data” refers to any data or information submitted by you or your Authorized Users to the Services or provided to Digitwise, including but not limited to personal information (such as name, email address, and other identifying details) of Authorized Users, photographs, text, and documents related to Projects.
“Usage Data” refers to data collected by us in connection with monitoring the performance and use of the Services by you and your Authorized Users, including but not limited to the date and time of access, portions of the Services visited, frequency and number of page visits, and other usage and performance metrics.
License Grant: Subject to the terms of this Agreement, you grant us a non-exclusive, worldwide, fully paid-up, royalty-free license, with the right to sublicense, to reproduce, execute, use, store, archive, modify, perform, display, and distribute the User Data for the purpose of providing and improving the Services. You are solely responsible for the accuracy, quality, and legality of your User Data.
Aggregated Data: Notwithstanding any other provision herein, we may use and permit third-party service providers to access and use User Data and Usage Data in an anonymous and aggregated form (“Aggregate Data”) for the purposes of operating, maintaining, managing, and improving our Services. Aggregate Data does not identify you or any individual. You agree that we may collect, use, publish, disseminate, sell, transfer, and otherwise exploit such Aggregate Data.
Ownership: All rights, title, and interest in and to Usage Data and Aggregate Data, including any modifications, improvements, adaptations, enhancements, derivatives, or translations, and all intellectual property rights therein, shall remain the exclusive property of Digitwise. Except for Digitwise’s rights in Usage Data and Aggregate Data, all rights, title, and interest in and to User Data, and all intellectual property rights therein, shall remain your exclusive property.
Data Security: We (and any third-party hosting provider we engage) will implement commercially reasonable physical, administrative, and technical safeguards to protect User Data from unauthorized use or disclosure.
Representation: By submitting User Data, you represent and warrant that you possess all necessary rights and permissions to provide Digitwise with access to and use of such User Data.