Clear rules for using GetDigitalContent
This agreement sets the operating terms for your account, subscriptions, AI workflows, publishing features, and use of the platform.
GETDIGITALCONTENT TERMS AND CONDITIONS
DEFINITIONS
For purposes of this Agreement, the following terms have the meanings set forth below:
- "Services" means all features, functionalities, tools, and capabilities provided by GetDigitalContent, including but not limited to the campaign planning and orchestration system, the multi-agent AI content generation pipeline (Research Agent, Writer Agent, Fine-Tuner Agent, Proofreader Agent, Editor Agent, Image Agent, and VoiceOver Agent), business discovery and onboarding, weekly theme planning, blog creation and section-by-section editing, AI image sourcing and generation, image validation, audio narration, social media content generation and cross-channel publishing, the self-improving AutoResearch loop, WordPress integration, social media OAuth account connections, Outstand.so publishing integration, and all associated web-based application interfaces.
- "User" means the individual or entity accessing the Services and bound by these Terms, including any Owner, Admin, or Writer role assigned within a Business account.
- "Business" means the tenant-level organizational unit created within the Platform, representing a single brand identity with its own voice configuration, agent prompts, content history, integrations, and plan entitlements.
- "Campaign" means a weekly content production unit consisting of up to three (3) blog posts, their associated social media content, featured imagery, and optional audio narration, organized under a single weekly theme.
- "Input" means all data, content, instructions, brand voice specifications, business profiles, audience descriptions, competitor information, and materials provided by you to the Services.
- "Output" means all content generated by the Services based on your Input, including blog posts, blog sections, social media posts, generated images, audio narration files, metadata, research summaries, and content outlines.
- "Platform" means the GetDigitalContent software platform accessible at getdigitalcontent.com, including the web application, administrative dashboards, and all associated APIs and background processing services.
- "Plan" means the subscription tier selected by you (Starter, Pro, or Enterprise), which determines the entitlements, generation limits, feature access, and usage quotas applicable to your account.
- "Agent Prompts" means the configurable system instructions stored in the BusinessAgent records that govern how each AI agent in the content pipeline behaves for a specific Business.
- "AutoResearch Loop" means the automated self-improvement system that collects content performance data, scores content against evaluation criteria, correlates results, and mutates Agent Prompts to optimize future content quality.
1.FORMATION OF CONTRACT AND ACCEPTANCE
1.1 Clickwrap Agreement
These Terms and Conditions ("Terms," "Agreement," or "T&C") constitute a legally binding contract between you ("User," "you," or "your") and One Cube Technologies LLC, a Texas limited liability company doing business as GetDigitalContent ("GDC," "Company," "we," "us," or "our"), with its principal place of business in Katy, Texas 77494, United States. By clicking "I Agree," creating an account, accessing, or using the Services in any manner, you affirmatively accept and agree to be bound by these Terms.
1.2 Authority to Bind
If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the legal authority to bind such entity and all of its users to these Terms. In such cases, all references to "you" or "your" shall include such entity and its authorized users. If you do not have such authority, or if you do not agree to these Terms, you must not accept these Terms and may not use the Services.
1.3 Incorporation of Related Policies
These Terms incorporate by reference our Privacy Policy, Cookie Policy, and Disclaimer Policy. Together, these documents constitute the complete agreement governing your use of the Services.
1.4 Rejection of Terms
2.LICENSE GRANT AND ACCESS CONTROL
2.1 License Grant
Subject to your compliance with these Terms and timely payment of all applicable fees, GDC hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely:
- For your internal business purposes or, if you are an agency, for the internal business purposes of your authorized client Businesses
- In accordance with the entitlements, limits, and restrictions of your purchased subscription Plan
- In compliance with all applicable local, state, national, and international laws and regulations
2.2 License Scope by Subscription Tier
Access rights, feature availability, and usage quotas are strictly governed by your active subscription Plan. Current tiers include:
- Starter Plan ($99/month): One (1) Business profile, four (4) Campaigns per month (equivalent to 12 blogs), standard 5-agent pipeline execution, basic image sourcing, limited social platforms. Does not include AutoResearch self-improvement cycles, automated publishing, or audio narration.
- Pro Plan ($299/month): Up to five (5) Business profiles, twenty (20) Campaigns per month (equivalent to 60 blogs), all social media platforms, direct WordPress publishing, audio narration, and up to thirty (30) AutoResearch improvement cycles and five hundred (500) content evaluation scores per month.
- Enterprise Plan ($899+/month): Unlimited Business profiles, unlimited AutoResearch improvement cycles and evaluation scores, custom generation limits, agency dashboard with cross-business management, white-label exports, unlimited team seats, and dedicated support. Specific entitlements are defined in separate Enterprise Agreements.
Generation limits are enforced from database-backed Plan data and may be adjusted by GDC. All plan tier pricing, entitlements, and limits are subject to change with 30 days' notice.
2.3 Account Roles and Permissions
Each Business supports three role levels:
- Owner: Full access including billing, integration setup, agent prompt configuration, approval authority, and user management.
- Admin: Campaign management, content editing, approvals, publishing, and user coordination. No billing control.
- Writer: Draft review, content editing, and refinement. No publishing, billing, or configuration access.
2.4 License Restrictions
You shall NOT:
- Share, sell, lease, sublicense, or transfer your account credentials or access to unauthorized third parties
- Exceed the usage limits, generation quotas, or Business counts defined by your Plan
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of any portion of the Platform or its AI models
- Use automated systems, bots, robots, spiders, scrapers, or any non-human means to access the Services except through authorized APIs
- Attempt unauthorized access to any systems, networks, data, or accounts
- Remove, alter, or obscure any proprietary notices, branding, or intellectual property markings
- Use the Services to develop, train, or improve any competing AI content generation service or product
- Circumvent or attempt to bypass Plan entitlement enforcement, rate limits, or access controls
3.SUBSCRIPTION, PAYMENT, AND RENEWAL
3.1 Fees and Payment
All subscription fees are charged in advance on a recurring basis (monthly or annually, depending on your selected billing cycle). Fees are quoted in United States Dollars (USD), are non-refundable except as expressly stated in these Terms, and are exclusive of all applicable taxes, duties, and levies. You are solely responsible for any taxes associated with your subscription. Payment processing is handled by Stripe, Inc., a PCI-compliant third-party payment processor. You authorize GDC and its payment processor to charge your designated payment method for all applicable fees, including renewal charges.
3.2 Annual Billing Discount
Annual billing cycles are available at a discount of approximately twenty percent (20%) off the equivalent monthly rate. Annual subscriptions are billed as a single lump-sum payment at the beginning of each annual cycle.
3.3 Automatic Renewal
- Monthly plans renew on the same calendar day each month
- Annual plans renew on the anniversary of the original subscription date
- Renewal occurs at the then-current published rates unless you have a contractual price protection agreement
- You will receive an email reminder at least seven (7) days before each renewal
3.4 Cancellation
You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current paid billing period. You will retain access to the Services until the end of the period for which you have already paid. NO REFUNDS OR CREDITS WILL BE ISSUED FOR PARTIAL BILLING PERIODS, except where required by applicable law.
3.5 Downgrade Policy
If you downgrade to a lower tier, the reduced entitlements take effect at the start of the next billing cycle. Any Businesses, Campaigns, or data exceeding the new tier's limits will be placed in a read-only state. You must bring your usage within the new Plan's limits to restore full editing and generation capabilities.
3.6 Free Trial
GDC may offer a free trial period for eligible Plans. During the trial:
- Usage is subject to a hard cap of two (2) actions per usage metric type (e.g., blogs generated, images generated, social posts generated)
- All features included in the selected Plan tier are accessible, subject to trial usage limits
- The trial expires automatically after the designated trial period
- To continue using the Services after trial expiration, you must subscribe to a paid Plan
GDC reserves the right to modify, limit, or discontinue trial offerings at any time without prior notice.
3.7 Suspension for Non-Payment
GDC reserves the right to immediately suspend access to the Services for any account with overdue payments exceeding seven (7) days. Suspension does not relieve you of the obligation to pay outstanding amounts. If payment is not received within thirty (30) days of suspension, GDC may terminate your account and delete associated data in accordance with our data retention policies.
4.AI-POWERED SERVICES AND CONTENT GENERATION
4.1 Nature of AI-Generated Content
The Services utilize artificial intelligence, specifically advanced Large Language Models (LLMs), to power a multi-agent content generation pipeline. You acknowledge and understand that:
- All Output is generated by AI and may contain factual errors, inaccuracies, biases, outdated information, or omissions
- Output is NOT professional advice of any kind (legal, medical, financial, tax, engineering, or otherwise)
- You are solely and exclusively responsible for reviewing, verifying, editing, and approving all Output before use or publication
- AI-generated content may not be eligible for copyright protection without sufficient human authorship contributions
- Similar or identical Output may be generated for other users who provide similar Input, due to the nature of AI language models
4.2 Multi-Agent Pipeline
The Services employ seven (7) specialized AI agents per Business (Research, Writer, Fine-Tuner, Proofreader, Editor, Image, and VoiceOver). Each agent operates according to configurable Agent Prompts stored within your Business profile. You may customize these prompts within the boundaries provided by the Platform. GDC does not guarantee any specific quality outcome from agent configurations.
4.3 Campaign Generation Workflow
The campaign workflow includes business discovery analysis, weekly theme planning, research gathering, metadata generation, section-by-section blog content creation, image sourcing and validation, optional audio narration, social media post generation, and publishing. You retain the ability to review and approve content at each stage and are encouraged to use the editorial review workflow before publishing.
4.4 AutoResearch Self-Improvement Loop
For eligible Plans, the Platform includes an automated self-improvement system that:
- Collects performance metrics from published content (views, engagement, approval rates)
- Scores content against binary evaluation criteria
- Correlates performance data with content characteristics
- Automatically adjusts Agent Prompts to improve future content quality
This loop operates on automated schedules and is isolated per Business — your data never influences another Business's prompts. Every prompt change is versioned and reversible. The AutoResearch loop does NOT bypass your approval workflow; it learns from approval patterns as a feedback signal.
4.5 Image Sourcing and Generation
The Services source featured images from Unsplash (a third-party stock photography service) as the primary method. If no suitable image is found, the Platform may generate images using AI. All images are validated for topical relevance using Google image recognition APIs. You are responsible for verifying that any images used do not infringe on third-party intellectual property rights. AI-generated images carry inherent risks of inadvertently resembling copyrighted or trademarked works.
4.6 Audio Narration
Optional audio narration of blog content is generated using Azure Text-to-Speech services and stored in Azure Storage. Narration files are associated with the originating blog. Audio narration availability is subject to your Plan entitlements.
5.THIRD-PARTY INTEGRATIONS AND PUBLISHING
5.1 WordPress Publishing
The Services allow you to publish blog content directly to your WordPress website. You are responsible for providing valid WordPress credentials and ensuring your WordPress installation is properly configured. GDC is not responsible for any issues arising from your WordPress configuration, hosting environment, plugin conflicts, or third-party theme incompatibilities.
5.2 Social Media Account Connections (OAuth)
The Services allow you to connect social media accounts (including LinkedIn, X/Twitter, Facebook, Instagram, Threads, TikTok, YouTube, Pinterest, Bluesky, and Google Business) for direct publishing. Social media connections are facilitated through Outstand.so, which acts as the OAuth broker and posting infrastructure layer. By connecting a social media account, you:
- Authorize GetDigitalContent and Outstand.so to post content to your connected accounts on your behalf
- Acknowledge that OAuth tokens are managed and stored by Outstand.so with AES-256 encryption — GetDigitalContent never stores your raw social media OAuth tokens
- Accept responsibility for all content published to your social media accounts through the Services
- Agree to comply with each social media platform's own terms of service, community guidelines, and content policies
5.3 Outstand.so Integration
Outstand.so is a third-party service used for social media scheduling, posting, and analytics collection. Your use of social media publishing features is also governed by Outstand.so's terms and policies. Each Business's connected accounts are tenant-isolated by Business ID; cross-business access is structurally prevented.
5.4 Third-Party Service Dependencies
The Services rely on third-party providers including but not limited to AI Model Providers (LLM text, image recognition, TTS), Microsoft Azure (cloud hosting, storage, functions), Unsplash (stock photography), SerperDev (web research), Outstand.so (social media publishing), and Cloudflare (security and CDN). GDC does not control these providers and is not responsible for their availability, performance, or policy changes. Disruptions to third-party services may impact the availability or functionality of the Services.
5.5 Platform-Specific Content Compliance
Each social media platform has its own content policies, character limits, and formatting requirements. While the Services generate platform-aware content, YOU are solely responsible for ensuring that all content published to social media complies with the respective platform's terms of service and community guidelines. Violations of third-party platform policies may result in account suspension or termination on those platforms, for which GDC bears no liability.
6.ACCEPTABLE USE POLICY
6.1 Prohibited Content
You SHALL NOT use the Services to create, generate, store, publish, or transmit:
- Defamatory, libelous, fraudulent, or intentionally misleading content
- Content that infringes any intellectual property rights, including copyrights, trademarks, patents, or trade secrets
- Discriminatory, harassing, threatening, or hate speech content targeting any individual or group
- Malicious code, viruses, malware, or other harmful digital materials
- Content that violates any applicable local, state, national, or international law or regulation
- Content that impersonates any person, entity, or organization
- Content promoting illegal or controlled substances, weapons, or other regulated items
- Sexually explicit, obscene, or pornographic material
- Content designed to manipulate, deceive, or defraud consumers or the public
- Spam, unsolicited commercial communications, or content designed to artificially inflate engagement metrics
6.2 Prohibited Technical Activities
You SHALL NOT:
- Probe, scan, or test the vulnerability of any system, network, or security measure
- Breach or circumvent any authentication, authorization, or access control mechanism
- Access or attempt to access data, accounts, or systems not intended for you
- Overload, flood, or otherwise disrupt the Services or their supporting infrastructure
- Use the Services to develop, benchmark, or improve competing products or services
- Scrape, harvest, mine, or systematically extract data from the Platform
- Interfere with or degrade the experience of other users
- Circumvent or manipulate Plan entitlement enforcement, usage tracking, or rate-limiting mechanisms
- Use the Services to generate training data for third-party AI models
- Attempt to extract, replicate, or reverse-engineer our AI agent prompts, orchestration logic, or evaluation criteria
6.3 Enforcement and Remedies
GDC reserves the right, at its sole discretion and without prior notice, to:
- Remove, disable, or quarantine any content that violates these Terms
- Immediately suspend or terminate your account and access to the Services
- Report suspected violations to law enforcement authorities
- Pursue all available legal, equitable, and injunctive remedies
- Cooperate with law enforcement investigations and legal proceedings
7.INTELLECTUAL PROPERTY RIGHTS AND LICENSES
7.1 GDC Platform Ownership
GetDigitalContent, its logos, the Platform, all software, algorithms, AI models, agent prompt templates, evaluation criteria, orchestration logic, user interface designs, documentation, and all related intellectual property are and shall remain the exclusive property of One Cube Technologies LLC. Nothing in these Terms grants you any ownership interest in the Platform or its underlying technology.
7.2 User Ownership of Input
You retain all rights, title, and interest in your Input, including your proprietary Brand Voice specifications, business profiles, audience descriptions, competitor data, knowledge base materials, and any other content or data you provide to the Services.
7.3 Assignment of Output to User
Upon payment of all applicable fees, GDC hereby assigns to you all rights, title, and interest in the Output generated specifically for your account, to the fullest extent permitted by applicable law. You acknowledge that AI-generated works may have limited or uncertain copyright eligibility under current law (including U.S. Copyright Office guidance requiring sufficient human authorship for copyright registration). YOU are solely responsible for adding the necessary human creativity, editing, and authorial contribution through the Platform's editorial tools to secure copyright eligibility for your Output.
7.4 License Grant to GDC
You grant GDC a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to use your Input and Output solely for the following limited purposes:
- Operating, providing, and delivering the Services to your account
- Maintaining, supporting, and improving the Services specifically for your use
- Running the AutoResearch self-improvement loop for your Business (if enabled by your Plan)
- Complying with applicable legal obligations
- Enforcing these Terms
- Generating aggregated, anonymized usage statistics that cannot identify you or your Business
7.5 User IP Warranty
YOU WARRANT AND REPRESENT THAT:
- You own or have obtained all necessary rights, licenses, and permissions for the Input you provide
- Your Input does not and will not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, or publicity rights
- You have the full legal authority to grant the licenses described in these Terms
- Your Input does not contain any information or material that is unlawful, defamatory, or otherwise objectionable
7.6 DMCA and Copyright Complaints
GDC respects intellectual property rights. If you believe that any content on the Platform infringes your copyright, you may submit a written notice to our designated copyright agent at [email protected] containing: (a) identification of the copyrighted work; (b) identification of the infringing material; (c) your contact information; (d) a statement of good faith belief; (e) a statement of accuracy under penalty of perjury; and (f) your physical or electronic signature.
8.DATA PROCESSING AND CONFIDENTIALITY
8.1 Data Handling
Your use of the Services involves the processing of your data by our AI systems and third-party infrastructure providers. Detailed information about our data collection, processing, storage, and protection practices is provided in our Privacy Policy, which is incorporated by reference into these Terms.
8.2 Business Data Isolation
Each Business within the Platform operates as an isolated tenant. Business data, Agent Prompts, content history, connected integrations, and performance metrics are strictly separated. The AutoResearch self-improvement loop operates independently for each Business and never shares patterns, data, or insights across Business boundaries.
8.3 Confidentiality of Agent Prompts
Your customized Agent Prompt configurations constitute confidential business information. GDC will not disclose your Agent Prompt customizations to third parties except as required by law or as necessary to operate the Services. Default prompt templates provided by GDC remain GDC's intellectual property.
8.4 Data Portability
You may export your content data through the Platform's available export functionality. Upon account termination, you will have a thirty (30) day grace period to export your data before deletion commences in accordance with our Privacy Policy data retention schedule.
8.5 Third-Party Data Processors
The Services use the following categories of third-party data processors: cloud infrastructure (Microsoft Azure), AI processing (LLM providers), web research (SerperDev), image sourcing (Unsplash), social media publishing (Outstand.so), security (Cloudflare), payment processing (Stripe), and email delivery (SMTP). All third-party processors are contractually bound to protect your data in accordance with applicable data protection laws.
9.INDEMNIFICATION
9.1 User Indemnification Obligation
YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS GDC, One Cube Technologies LLC, its affiliates, officers, directors, employees, agents, successors, and assigns (collectively, the "Indemnified Parties") from and against ANY AND ALL claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including reasonable attorney's fees and legal costs, arising from or related to:
- Your use of the Services or any Output generated for your account
- Your Input or any third-party claims regarding the same
- Your breach of any provision of these Terms
- Your violation of any applicable law, regulation, or third-party right
- Content you create, edit, publish, or distribute using the Output, including via WordPress or social media platforms
- Any claim that your Input or your use of Output infringes, misappropriates, or violates any intellectual property, privacy, or other proprietary right of any third party
- Your use of third-party integrations (WordPress, social media accounts, Outstand.so) in connection with the Services
- Decisions or actions taken in reliance on AI-generated Output
9.2 Indemnification Procedure
GDC shall provide you with prompt written notice of any indemnifiable claim and shall offer reasonable cooperation in the defense. You shall have sole control of the defense and settlement of such claims, provided that no settlement shall impose any obligation on GDC or adversely affect GDC's rights or interests without GDC's prior written consent.
9.3 Survival
This indemnification obligation survives the termination or expiration of these Terms and your use of the Services.
10.WARRANTY DISCLAIMERS
10.1 "AS IS" AND "AS AVAILABLE"
- WARRANTIES OF MERCHANTABILITY
- WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
- WARRANTIES OF NON-INFRINGEMENT
- WARRANTIES OF ACCURACY, COMPLETENESS, OR RELIABILITY OF OUTPUT
- WARRANTIES OF UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION
- WARRANTIES OF TITLE
10.2 No Warranty of AI Output Accuracy
GDC DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY GUARANTEE THAT:
- Output will be accurate, complete, current, reliable, or error-free
- The Services will operate without interruption, delay, or errors
- Output will be fit for your specific requirements or intended use
- The AutoResearch loop will improve content performance for your specific audience or niche
- Third-party content, references, or sources included in Output are accurate or current
- AI-generated or sourced images are free from intellectual property claims
- Content published through integrations will render correctly on all platforms
10.3 AI-Specific Disclaimers
YOU ACKNOWLEDGE AND AGREE THAT:
- All Output is AI-generated using external LLMs and MAY CONTAIN ERRORS, hallucinations, biases, or fabricated information
- The multi-agent pipeline (Research, Writer, Fine-Tuner, Proofreader, Editor) is an assistive tool — it does not guarantee factual accuracy or editorial quality
- Output is NOT professional advice of any kind and must not be relied upon as such
- All Output requires thorough human review, fact-checking, and editorial judgment before use or publication
- Research sources and citations provided by the Research Agent must be independently verified
- The Quality Control workflow is an aid to your review process, not a substitute for human editorial responsibility
11.LIMITATION OF LIABILITY
11.1 Liability Cap
11.2 Excluded Damages
IN NO EVENT SHALL GDC OR ANY INDEMNIFIED PARTY BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL
- LOSS OF DATA, USE, OR CORRUPTION OF DATA
- COST OF PROCUREMENT OF SUBSTITUTE SERVICES
- DAMAGES ARISING FROM THIRD-PARTY CLAIMS RELATED TO YOUR PUBLISHED CONTENT
- DAMAGES ARISING FROM SOCIAL MEDIA PLATFORM ACCOUNT SUSPENSIONS OR BANS RESULTING FROM CONTENT PUBLISHED THROUGH THE SERVICES
- DAMAGES ARISING FROM ERRORS, INACCURACIES, OR OMISSIONS IN AI-GENERATED OUTPUT
- DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
- DAMAGES ARISING FROM THIRD-PARTY SERVICE OR INTEGRATION FAILURES
11.3 Basis of Bargain
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION REFLECT THE AGREED-UPON ALLOCATION OF RISK BETWEEN THE PARTIES. THE PRICING OF THE SERVICES REFLECTS THIS ALLOCATION AND THE MUTUAL UNDERSTANDING THAT THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. THESE LIMITATIONS SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.4 Jurisdictional Variations
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, GDC's liability shall be limited to the maximum extent permitted by applicable law.
12.SERVICE MODIFICATION RIGHTS
12.1 Modification Rights
GDC reserves the right to modify, update, enhance, or discontinue any aspect of the Services at any time, including but not limited to:
- Service features, functionality, or user interface design
- Usage limits, generation quotas, or throughput allocations
- AI models, agent configurations, or default prompt templates
- API access, endpoints, or rate limits
- Third-party integrations, supported social media platforms, or publishing capabilities
- Evaluation criteria used in the AutoResearch self-improvement loop
12.2 Resource Management
For Plans designated as having "Unlimited" features, GDC may implement reasonable usage restrictions to maintain platform stability, ensure quality of service for all users, and prevent abusive or excessive resource consumption. "Unlimited" refers to the absence of a fixed numeric cap, not the absence of any fair-use standards.
12.3 Notice of Material Changes
GDC will use reasonable efforts to provide advance notice of material changes to the Services that significantly reduce functionality included in your paid Plan. Such notice will be provided via email or in-app notification at least fifteen (15) days in advance when practicable.
12.4 No Compensation
Service modifications, updates, or feature changes shall not entitle you to refunds, credits, or other financial compensation, except where a material reduction in core Services functionality occurs within the first thirty (30) days of a paid billing period, in which case you may request cancellation and a pro-rated refund for the remainder of that period.
13.TERM AND TERMINATION
13.1 Term
This Agreement commences upon your acceptance (by creating an account, clicking "I Agree," or using the Services) and continues until terminated by either party as set forth herein.
13.2 Termination by You
You may terminate your account at any time by cancelling your subscription through your account settings and ceasing use of the Services. Upon termination, you will retain read-only access to export your data for thirty (30) days.
13.3 Termination by GDC
GDC may immediately terminate or suspend your access, without notice or liability, for:
- Material breach of these Terms, including Acceptable Use Policy violations
- Non-payment exceeding thirty (30) days
- Fraudulent, illegal, or harmful activity
- Legal or regulatory compliance requirements
- Extended account inactivity (twelve or more consecutive months with no login)
13.4 Effect of Termination
Upon termination:
- All licenses granted to you under these Terms immediately terminate
- You must immediately cease all use of the Services
- Fees already paid are non-refundable except where expressly stated
- Connected social media accounts will be disconnected from the Platform
- Scheduled or pending publications will be cancelled
- Your data will be retained for thirty (30) days for export, then deleted according to our Privacy Policy retention schedule
13.5 Surviving Provisions
The following sections survive termination or expiration of these Terms: Definitions, Intellectual Property Rights (Section 7), Data Processing (Section 8), Indemnification (Section 9), Warranty Disclaimers (Section 10), Limitation of Liability (Section 11), Dispute Resolution (Section 14), and General Provisions (Section 16).
14.DISPUTE RESOLUTION
14.1 Informal Resolution
Before initiating any formal dispute resolution proceedings, the parties agree to attempt to resolve disputes informally by contacting [email protected]. The parties shall negotiate in good faith for a minimum of thirty (30) days before either party may commence arbitration.
14.2 Mandatory Binding Arbitration
ALL DISPUTES THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration shall take place in Harris County, Texas, United States, or by mutual agreement may be conducted remotely via video conference. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction.
14.3 Class Action Waiver
14.4 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles. For any matters not subject to arbitration, the exclusive jurisdiction and venue shall be the state and federal courts located in Harris County, Texas.
14.5 Injunctive Relief
Notwithstanding the arbitration requirements above, either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction for claims involving: (a) intellectual property infringement or misappropriation; (b) breaches of confidentiality obligations; (c) violations of the Acceptable Use Policy; or (d) situations requiring immediate equitable relief to prevent irreparable harm.
14.6 Small Claims Exception
Either party may bring qualifying claims in small claims court in Harris County, Texas, as an alternative to arbitration, provided the claim meets the jurisdictional requirements of such court.
15.MODIFICATION OF TERMS
15.1 Amendment Rights
GDC reserves the right to modify, amend, or update these Terms at any time by posting the revised version on the Platform with a new "Last Updated" date.
15.2 Notice of Material Changes
For material changes that significantly affect your rights or obligations, GDC will provide at least thirty (30) days' advance written notice via: (a) email to your registered account address; (b) a prominent notice displayed within the Platform; or (c) both.
15.3 Acceptance of Modifications
Your continued use of the Services after the notice period constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Services and cancel your account before the effective date of the modifications.
16.GENERAL PROVISIONS
16.1 Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, Disclaimer Policy, and any applicable subscription order or Enterprise Agreement, constitute the complete and exclusive agreement between you and GDC regarding the Services, superseding all prior and contemporaneous agreements, understandings, negotiations, and communications, whether oral or written.
16.2 Severability
If any provision of these Terms is held to be invalid, unenforceable, or illegal by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.
16.3 No Waiver
No failure or delay by GDC in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. No single or partial exercise of any right shall preclude further exercise. Any waiver must be in writing and signed by the waiving party to be effective.
16.4 Assignment
You may not assign, delegate, or transfer these Terms or any rights or obligations hereunder without the prior written consent of GDC. GDC may freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section is void.
16.5 Force Majeure
Neither party shall be liable for any failure or delay in performing obligations under these Terms (except payment obligations) to the extent caused by circumstances beyond the party's reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemics, governmental actions, Internet or telecommunications failures, power outages, third-party service provider outages, or cyberattacks.
16.6 Notices
One Cube Technologies LLC (DBA GetDigitalContent)
Katy, TX 77494, United States
Legal Notices: [email protected]
Privacy Inquiries: [email protected]
General Support: [email protected]
16.7 Relationship of Parties
Nothing in these Terms creates or shall be construed to create a partnership, joint venture, franchise, agency, or employment relationship between you and GDC. Neither party has the authority to bind the other to any obligation.
16.8 Export Compliance
You shall comply with all applicable export control laws and regulations, including the U.S. Export Administration Regulations and sanctions programs administered by OFAC. You represent that you are not located in, or a national or resident of, any sanctioned country, and that you are not on any U.S. government restricted party list.
16.9 Headings
Section headings are for convenience only and shall not affect the interpretation of these Terms.
16.10 Electronic Communications
By using the Services, you consent to receiving electronic communications from GDC (including emails, in-app notifications, and Platform notices). You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, OUR PRIVACY POLICY, COOKIE POLICY, AND DISCLAIMER POLICY.