GETDIGITALCONTENT TERMS AND CONDITIONS
DEFINITIONS
For purposes of this Agreement:
- "Services" means all features, functionalities, and tools provided by GetDigitalContent, including but not limited to the Brand Voice Builder, Content Category Generator, SERP Research Tool, Quality Control Workflow, AI Image Generator, Reference Builder, and CMS integrations
- "User" means the individual or entity accessing the Services and bound by these Terms
- "Input" means all data, content, and materials provided by User to the Services
- "Output" means all content generated by the Services based on User's Input
- "Platform" means the GetDigitalContent software platform accessible at getdigitalcontent.com
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 GetDigitalContent, Inc. ("GDC," "we," "us," or "our"). By clicking "I Agree," creating an account, or accessing the Services, you affirmatively accept these Terms.
1.2 Authority to Bind
If accepting on behalf of an entity, you represent and warrant that you possess actual authority to bind such entity to these Terms. All references to "you" shall include such entity.
1.3 Rejection of Terms
2.LICENSE GRANT AND ACCESS CONTROL
2.1 License Grant
Subject to your compliance with these Terms and payment of all applicable fees, GDC hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely:
- For your internal business purposes
- In accordance with your purchased subscription plan
- In compliance with all applicable laws
2.2 License Scope by Subscription Tier
Access rights are strictly limited by your subscription plan:
- Starter Plan: 4 blog posts per month, 1 authorized user, 1 brand voice
- Pro Plan: 12 blog posts per month, up to 5 authorized users, 3 brand voices
- Enterprise Plan: Usage as specified in separate Enterprise Agreement
2.3 License Restrictions
You shall NOT:
- Share, sell, or transfer access credentials
- Exceed your plan's usage limits
- Reverse engineer, decompile, or disassemble any portion of the Platform
- Use automated systems (robots, spiders, scrapers) to access the Services
- Attempt unauthorized access to any systems or data
- Remove or obscure any proprietary notices
3.SUBSCRIPTION, PAYMENT, AND RENEWAL
3.1 Fees and Payment
All fees are due in advance, non-refundable, and exclusive of taxes. You authorize GDC to charge your designated payment method for all applicable fees.
3.2 Automatic Renewal
- Monthly plans renew monthly on the anniversary date
- Annual plans renew annually with applicable discounts
- Renewal occurs at then-current rates unless you have price protection
3.3 Cancellation and Termination
Cancellation requires 30 days advance notice before the next billing cycle. NO REFUNDS OR CREDITS FOR PARTIAL PERIODS. Cancellation is effective at the end of the current paid period.
3.4 Suspension for Non-Payment
GDC may immediately suspend access for overdue payments without liability.
4.ACCEPTABLE USE POLICY
4.1 Prohibited Content
You SHALL NOT use the Services to create, generate, store, or transmit:
- Defamatory, libelous, or fraudulent content
- Content that infringes intellectual property rights
- Discriminatory, harassing, or hate speech content
- Malicious code or harmful materials
- Content violating any applicable laws
- Content impersonating others
- Illegal or regulated substance promotion
4.2 Prohibited Technical Activities
You SHALL NOT:
- Probe, scan, or test system vulnerabilities
- Breach or circumvent authentication measures
- Access data not intended for you
- Overload or disrupt the Services
- Use the Services to develop competing products
- Scrape, harvest, or mine data from the Platform
- Interfere with other users' access
4.3 Enforcement and Remedies
GDC reserves absolute discretion to:
- Remove or disable violating content without notice
- Immediately terminate or suspend your access
- Report violations to law enforcement
- Pursue all available legal remedies
5.INTELLECTUAL PROPERTY RIGHTS AND LICENSES
5.1 User Ownership of Input
You retain all rights, title, and interest in your Input, including proprietary Brand Voice specifications.
5.2 Assignment of Output to User
UPON PAYMENT OF ALL FEES, GDC hereby assigns to you all rights, title, and interest in the Output generated specifically for your account.
5.3 License Grant to GDC
You grant GDC a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to use Input and Output SOLELY to:
- Operate and provide the Services to your account
- Maintain and improve Services specifically for your use
- Comply with legal obligations
- Enforce these Terms
5.4 User IP Warranty
YOU WARRANT AND REPRESENT THAT:
- You own or have all necessary rights to the Input
- The Input does not infringe any third-party rights
- You have authority to grant the licenses herein
5.5 Copyright Responsibility
You acknowledge that AI-generated content may not qualify for copyright protection absent sufficient human authorship. YOU ARE SOLELY RESPONSIBLE for adding necessary human creativity through GDC's editorial tools to secure copyright eligibility under U.S. Copyright Office standards.
6.INDEMNIFICATION
6.1 User Indemnification Obligation
YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS GDC, its affiliates, officers, directors, employees, agents, successors, and assigns from and against ANY AND ALL claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including attorney's fees, arising from:
- Your use of the Services or Output
- Your Input or any third-party claims regarding same
- Your breach of these Terms
- Your violation of applicable law
- Content you create, publish, or distribute using the Output
- Any claim that your Input or use of Output infringes intellectual property rights
6.2 Procedure
GDC shall provide prompt notice of claims and reasonable cooperation. You shall have sole control of defense and settlement, provided no settlement adversely affects GDC without written consent.
6.3 Survival
This indemnification survives termination of these Terms.
7.WARRANTY DISCLAIMERS
7.1 "AS IS" AND "AS AVAILABLE"
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR RELIABILITY OF OUTPUT
7.2 No Warranty of Accuracy
GDC DOES NOT WARRANT:
- Output accuracy, completeness, or reliability
- Error-free or uninterrupted operation
- Fitness for your requirements
- Third-party content accuracy
7.3 AI-Specific Disclaimers
YOU ACKNOWLEDGE AND AGREE:
- All Output is AI-generated and MAY CONTAIN ERRORS
- Output is NOT professional advice (legal, medical, financial)
- Output requires human review before use or publication
- Reference Builder links are NOT endorsed by GDC
- Quality Control tools are aids only; YOU bear final responsibility
8.LIMITATION OF LIABILITY
8.1 Liability Cap
8.2 Excluded Damages
IN NO EVENT SHALL GDC BE LIABLE FOR:
- INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
- PUNITIVE OR EXEMPLARY DAMAGES
- LOST PROFITS, REVENUE, OR BUSINESS
- LOSS OF DATA OR USE
- PROCUREMENT OF SUBSTITUTE SERVICES
- ANY DAMAGES FROM THIRD-PARTY CLAIMS
8.3 Basis of Bargain
THESE LIMITATIONS REFLECT THE AGREED RISK ALLOCATION BETWEEN PARTIES AND ARE AN ESSENTIAL BASIS OF THE BARGAIN. THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.
8.4 Exclusions
Some jurisdictions prohibit certain exclusions; in such cases, liability is limited to the maximum extent permitted by law.
9.SERVICE MODIFICATION RIGHTS
9.1 Modification Rights
GDC reserves the right to modify, at any time and without liability:
- Service features or functionality
- Usage limits, quotas, or throughput
- Word counts or generation limits
- API access or rate limits
- Third-party integrations
9.2 Resource Management for "Unlimited" Plans
For plans designated "Unlimited," GDC may implement reasonable usage restrictions to:
- Maintain platform stability
- Ensure quality of service for all users
- Prevent abuse or excessive resource consumption
9.3 No Compensation
Service modifications shall not entitle you to refunds, credits, or other compensation.
10.TERM AND TERMINATION
10.1 Term
This Agreement commences upon acceptance and continues until terminated.
10.2 Termination by GDC
GDC may immediately terminate or suspend your access, without notice or liability, for:
- Breach of these Terms
- Non-payment
- Violations of the Acceptable Use Policy
- Legal compliance requirements
10.3 Effect of Termination
Upon termination:
- All licenses granted to you immediately terminate
- You must cease all Service use
- Fees paid are non-refundable
- Survival provisions remain in effect
10.4 Surviving Provisions
Sections addressing IP rights, indemnification, disclaimers, limitation of liability, and dispute resolution survive termination.
11.DISPUTE RESOLUTION
11.1 Mandatory Arbitration
ALL DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION under the American Arbitration Association Commercial Rules. Arbitration shall be in [City, State].
11.2 Class Action Waiver
11.3 Governing Law
This Agreement is governed by [State] law, excluding conflict of law principles.
11.4 Injunctive Relief
Notwithstanding arbitration requirements, either party may seek injunctive relief for IP violations or breaches of confidentiality.
12.MODIFICATION OF TERMS
12.1 Amendment Rights
GDC may modify these Terms by posting updated versions with a new "Last Updated" date.
12.2 Notice and Acceptance
Material changes require 30 days notice. CONTINUED USE AFTER THE NOTICE PERIOD CONSTITUTES ACCEPTANCE OF MODIFIED TERMS.
12.3 Rejection of Changes
If you reject changes, you may terminate by discontinuing use before the effective date.
13.GENERAL PROVISIONS
13.1 Entire Agreement
These Terms, the Privacy Policy, and any subscription order constitute the complete agreement, superseding all prior agreements.
13.2 Severability
Invalid provisions shall be modified to reflect the parties' intention or severed if modification is impossible.
13.3 No Waiver
No waiver is effective unless in writing and signed by the waiving party.
13.4 Assignment
You may not assign these Terms. GDC may assign freely.
13.5 Force Majeure
Neither party is liable for delays due to causes beyond reasonable control.
13.6 Notices
Legal notices to GDC: [email protected]
Support: [email protected]
13.7 Relationship
Nothing creates a partnership, agency, or employment relationship.
13.8 Export Compliance
You shall comply with all applicable export control laws.
BY CLICKING "I AGREE" OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.