Terms and Conditions

2.1.

By creating an Account, clicking "I Agree," or by accessing or using the Services, you signify your agreement to these Terms. If you are using the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "You" refers to both you individually and the entity you represent.

2.2.

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract as per the Indian Contract Act, 1872.

4.1.

You must register for an Account to access most features of the Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2.

You are solely responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account, whether or not you have authorized such activities. You agree to notify Digia immediately of any unauthorized use of your Account or any other breach of security.

4.3.

Tinkerbox Technology Private Limited will not be liable for any loss or damage arising from your failure to comply with this Section 4.

5.1. Lawful Use

You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by, any third party.

5.2. Prohibited Activities

You agree not to, and will not permit any third party to:

1. Upload, post, transmit, or otherwise make available any Content or build any Application that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
2. Use the Services to create or distribute any Application that promotes or facilitates illegal activities, gambling, hate speech, violence, or discrimination.
3. Engage in any activity that interferes with or disrupts the Services (or the servers and networks connected to the Services).
4. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
5. Upload, post, transmit, or otherwise make available any Content or Application that infringes any patent, trademark, trade secret, copyright, or other Intellectual Property Right of any party.

5.3. Compliance with Laws

You are solely responsible for ensuring that your User Content and Applications, and your use of the Services, comply with all applicable local, state, national, and international laws and regulations, including but not limited to Indian laws such as the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023 (DPDP Act).

5.4. Responsibility for End-Users

You are solely responsible for your end-users' activities within your Applications and for managing their data. You must implement appropriate privacy policies and terms of use for your Applications that comply with all applicable laws.

6.1. Tinkerbox Technology Private Limited's Intellectual Property

All Intellectual Property Rights in and to the Services, the Digia Platform, Digia Content (including Digia UI), Digia's trademarks, logos, and all underlying technology, software, and documentation related to the Services are and shall remain the exclusive property of Tinkerbox Technology Private Limited or its licensors.

6.2. User Content and Application Intellectual Property

You retain all Intellectual Property Rights in and to your User Content and your Applications, provided such Intellectual Property Rights do not infringe upon any third-party rights or Tinkerbox Technology Private Limited's Intellectual Property Rights.

6.3. Feedback

If you provide any feedback, comments, or suggestions to Tinkerbox Technology Private Limited regarding the Services ("Feedback"), you acknowledge that Tinkerbox Technology Private Limited may use such Feedback for any purpose without obligation, attribution, or compensation to you.

7.1. Data Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of your personal information in connection with the Services are governed by our Privacy Policy. Our Privacy Policy specifically outlines our compliance with the Digital Personal Data Protection Act, 2023, and other applicable global data protection regulations.

7.2. Data Security

Tinkerbox Technology Private Limited implements and maintains reasonable technical and organizational measures designed to protect Customer Data and Application Data against unauthorized access, disclosure, alteration, or destruction.

7.3. Customer Data Responsibility

You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data and Application Data.

8.1. Pricing

Certain features or access to the Services may require payment of fees. Pricing details for our various plans, subscriptions, or development services are available on our website at https://www.digia.tech/pricing-plans/list or provided in a separate agreement.

8.2. Subscription Terms

If you subscribe to a paid plan, you agree to pay the applicable fees set forth on our website or in your specific agreement. Subscriptions are billed in advance and are non-refundable. Subscriptions will automatically renew at the end of each billing cycle unless you cancel your subscription prior to the renewal date.

8.3. Payment Methods

You authorize Tinkerbox Technology Private Limited to charge your chosen payment method for all applicable fees. You agree to keep your payment information current and accurate.

8.4. Late Payments

If any payment is not received by the due date, Tinkerbox Technology Private Limited may suspend or terminate your access to the Services. Late payments may be subject to interest at a rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower.

8.5. Refunds

All fees paid are generally non-refundable. Exceptions may be made at Tinkerbox Technology Private Limited's sole discretion or as required by applicable law.

9.1. Service "As Is"

The Services are provided on an "as is" and "as available" basis. Tinkerbox Technology Private Limited does not warrant that the Services will be uninterrupted, error-free, secure, or available at any particular time or location.

9.2. Maintenance and Downtime

Tinkerbox Technology Private Limited may, from time to time, perform scheduled or unscheduled maintenance. During such times, the Services may be temporarily unavailable.

9.3. Modifications to Services

Tinkerbox Technology Private Limited reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.

10.1. Beta Designation

Some features of the Services are labelled "Beta," "Preview," or a similar term ("Beta Features"). Beta Features are offered so that you can try them and tell us what you think. They are not yet final.

10.2. As Is, With No Commitments

Beta Features are provided "as is" and "as available." They may contain errors or behave in unexpected ways. We may change, limit, suspend, or discontinue any Beta Feature at any time, with or without notice, and we may decide not to release it generally. No uptime, support, or service-level commitment applies to Beta Features, even if one applies to other parts of the Services.

10.3. Usage Limits

Beta Features may be subject to usage limits, such as limits on messages, requests, or usage cost. We may set or change these limits at any time.

10.4. Feedback

Section 6.3 applies to any Feedback you give about Beta Features. We may use it to improve the Services.

10.5. Other Sections

Sections 9 and 13 also apply to Beta Features. This Section 10 adds to them and does not replace them.

11.1. AI Assistant and MCP Access

The Services include an AI assistant in the Digia Engage dashboard (the "AI Assistant"), currently a Beta Feature. It can answer questions about your campaigns, analytics, and project data, and, when you ask it to, it can create, edit, delete, activate, pause, and archive campaigns, edit designs on the canvas, and send test messages to devices. It acts only within the permissions of the user who is using it; for example, a read-only member can use it to read only. You may also connect AI clients that you choose, such as Claude, Cursor, or Codex, to a project using access tokens ("MCP Access"). The AI Assistant and MCP Access are together the "AI Features." Our Privacy Policy explains how data is handled when you use them.

11.2. Output May Be Wrong

AI Features use machine-learning models. Their output, including answers, analysis, campaign content, designs, and proposed actions ("Output"), may be inaccurate, incomplete, out of date, or unsuitable for your purpose. Output is not legal, financial, compliance, or other professional advice.

11.3. Your Review and Approval

You must review Output, and any action the AI Features propose, before you approve or rely on it. Risky actions, such as activating, archiving, or deleting a campaign, making live edits, and sending tests, need your approval in the chat first. Depending on the mode you choose, changes to drafts may run without asking. You are responsible for the mode you choose. When a user approves an action or runs it through the AI Features, that user acts for the Customer, and the Customer is bound by the action.

11.4. Your Responsibility for Campaigns

You are solely responsible for the content, targeting, schedules, and campaigns that you or your users create, approve, or activate using the AI Features. This includes making sure they comply with applicable law, and that you have the consent you need from your end-users. Section 5 applies to all Output that you use.

11.5. Third-Party AI Clients

If you connect a third-party AI client to a project through MCP Access, you choose that client. It processes the data it receives under its own terms and privacy policy, not ours. Tinkerbox Technology Private Limited is not responsible for third-party AI clients or for what they do with your data. Actions that change the lifecycle of a campaign through MCP Access need a two-step confirmation. You are responsible for keeping access tokens secure and for revoking any token you no longer want in use.

11.6. AI Acceptable Use

In addition to Section 5, you agree not to use the AI Features to:

1. Create, request, or approve content that is unlawful, harmful, deceptive, abusive, harassing, or infringing.
2. Mislead your end-users, such as sending messages that pretend to come from another person or organization.
3. Try to get around safeguards, limits, or approval steps in the AI Features.
4. Try to extract the system instructions or other non-public configuration of the AI Features.
5. Access data or take actions that you are not permitted to access or take.

11.7. Ownership

As between you and Tinkerbox Technology Private Limited, you own the inputs you provide to the AI Features and, to the extent permitted by law, the Output. Tinkerbox Technology Private Limited keeps all rights in the Services, including the AI Features. Because Output may be similar to output given to others, we do not promise that Output is unique.

11.8. No Warranty and No Liability for Output

The AI Features and Output are provided "as is", and we give no warranty about them beyond what these Terms otherwise state. Section 13 applies to them.

To the fullest extent permitted by law, Tinkerbox Technology Private Limited is not responsible or liable for any Output, for any decision you or anyone else makes based on Output, or for any action the AI Features take that you or your users approve or allow, including campaigns, content, targeting or schedules created, changed, activated or delivered to your end users. You use the AI Features and rely on Output at your own risk.

10.1.

The Services may contain links to third-party websites or services that are not owned or controlled by Tinkerbox Technology Private Limited. Tinkerbox Technology Private Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

10.2.

Your use of third-party services integrated with or linked from the Digia Platform is solely at your own risk and subject to the terms and conditions of those third-party services.

16.1. Termination by You

You may terminate your Account at any time by following the instructions on your Account settings page or contacting support. Upon termination by you, any outstanding obligations shall become immediately due.

16.2. Termination by Tinkerbox Technology Private Limited

Tinkerbox Technology Private Limited may terminate or suspend your Account and/or access to the Services immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms.

16.3. Effect of Termination

Upon termination for any reason, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination.

17.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

17.2. Jurisdiction

Subject to Clause 17.4, the courts in Gurugram, Haryana, India shall have exclusive jurisdiction over any matter arising out of or in connection with these Terms.

17.3. Informal Resolution

Before initiating any formal legal action, you agree to first contact Tinkerbox Technology Private Limited at admin@digia.tech and attempt to resolve the dispute informally in good faith.

17.4. Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms which cannot be resolved informally, shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.

18.1. Force Majeure

Tinkerbox Technology Private Limited shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18.2. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect.

18.3. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by Tinkerbox Technology Private Limited on the Services, constitute the entire agreement between you and Tinkerbox Technology Private Limited regarding the Services.

18.4. Assignment

You may not assign or transfer these Terms without Tinkerbox Technology Private Limited's prior written consent. Tinkerbox Technology Private Limited may assign or transfer these Terms at its sole discretion, without restriction.

18.5. Changes to Terms

Tinkerbox Technology Private Limited reserves the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.