Terms of Service
Last Updated: January 30, 2025
1. Acceptance of Terms
By accessing or using Digitive's website and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services. These Terms constitute a legally binding agreement between you and Digitive.
2. Description of Services
Digitive provides enterprise-grade LLM training and evaluation services, including human-in-the-loop data pipelines, RLHF, model evaluation, and digital technology staffing services. The specific scope of Services will be detailed in separate service agreements or statements of work.
3. Eligibility
You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or the entity you represent. By using the Services, you represent and warrant that you meet these eligibility requirements.
4. User Obligations
You agree to:
- Provide accurate, current, and complete information
- Maintain the security of your account credentials
- Comply with all applicable laws and regulations
- Not use the Services for any unlawful or prohibited purpose
- Not interfere with or disrupt the Services or servers
- Not attempt to gain unauthorized access to any systems or data
5. Intellectual Property Rights
All content, features, and functionality of the Services, including but not limited to text, graphics, logos, software, and documentation, are the exclusive property of Digitive or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the Services solely for their intended purpose. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.
6. Confidentiality
Each party agrees to maintain the confidentiality of any proprietary or confidential information disclosed by the other party. Confidential information shall not be disclosed to third parties without prior written consent and shall be used solely for the purposes of performing under these Terms or any related service agreement.
7. Data Protection and Privacy
Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. We are committed to protecting your personal data in accordance with applicable data protection laws, including GDPR, CCPA, and other relevant regulations.
8. Payment Terms
If you purchase Services, you agree to pay all fees as specified in the applicable service agreement or statement of work. Payment terms, pricing, and billing cycles will be detailed in separate commercial agreements. All fees are non-refundable unless otherwise stated in writing.
9. Disclaimers and Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that your use of the Services is at your own risk.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.
Our total aggregate liability for any claims arising out of or relating to these Terms or the Services shall not exceed the amount paid by you, if any, for the Services during the twelve (12) months preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Digitive and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, violation of these Terms, or infringement of any third-party rights.
12. Termination
We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination shall remain in effect.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Alameda County, California.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a revised "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.
15. Miscellaneous
These Terms constitute the entire agreement between you and Digitive regarding the Services. If any provision is found to be unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right or provision shall not be deemed a waiver of such right or provision.
16. Contact Information
For questions about these Terms, please contact us:
Email: legal@godigitive.com
Address: 11501 Dublin Blvd STE 200, Dublin, CA 94568
Phone: +1-408-935-8699
