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TERMS AND CONDITIONS OF USE – “CHATCONNECT” (EUROPE)

The following Terms and Conditions of Use apply to all European citizens.

These Terms and Conditions of Use (the “Terms” or the “Agreement”) constitute a legally binding agreement between you, either personally or on behalf of an entity (“you”), and IADigitek  . (the “Company” or “we” or “us”).

  • Company: IADigitek 
  • Registered Office: Calle Príncipe de Vergara, 132, 28002, Madrid, España 
  • CIF: B22985964 

The Terms govern the download, installation, access and use of the application or website “CHATCONNECT” (the “App” and/or the “Website”, and collectively referred to as the “Service”).

CHATCONNECT is an AI service designed to be your virtual assistant in everyday tasks. Through advanced models such as GPT-4, CHATCONNECT helps you generate creative content and get quick and intelligent answers to your questions. The Service guarantees the confidentiality and security of user data at all times.

By installing or using the Service, you:

  • Agree to be bound by these Terms of Use.
  • You represent and warrant that you own and/or authorize the installation of the App and/or the use of the Website on a mobile device or any other compatible device.
  • You represent and warrant that you have the right, power and ability to accept and comply with all of the Terms, as if you had signed them.

The terms also apply to all service updates, add-ons and tools.

We reserve the right to modify this Agreement at any time and for any reason. You have the right to terminate this Agreement in the event of material modifications. We will inform you of any changes by updating the “last updated” date of the Agreement. If you continue to use the Services after the posting of the revised Agreement, you will be deemed to have accepted the modifications.

1. AGE REQUIREMENTS

The minimum age to install and use the Service is 14 years old or the minimum age required in your country to consent to use of the Services. If you are under the age of 18, you must obtain prior authorization from your parent, guardian or legal representative.

2. AUTHORIZATION OF USE

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable, inalienable license to download, install, access and use the latest version of the Services on a single authorized mobile device or compatible device, and to use the content generated by the service, solely for your personal, non-commercial and entertainment use.

3. UPDATES

We reserve the right to add, modify or remove features of the Services. In addition, we will make changes, maintenance, revisions and upgrades, which may result in interruptions, delays or errors. In such cases, you agree that we will not be liable for any loss, damage or inconvenience caused by the lack of access during the service interruption.

4. ACCESS, SUBSCRIPTION AND RENEWAL

ACCESS

A part of the Services is completely free of charge (“Free No-Benefit Version”). It does not require registration or prior payment, but may have limitations with respect to the use of certain functionalities. You can also take out a paid subscription to benefit from a premium service with advantages.

SUBSCRIPTION

  • Subscription through App Store iOS and Google Play:If you decide to take out a subscription through iOS App Store or Google Play, you must manage and authorize payment directly through your Apple or Google account. The terms and conditions of these platforms will apply to the subscription payment and subsequent renewals.
  • Subscription through the web version:For subscriptions subscribed through our website, several payment methods are offered:
    • Credit card (Visa, Mastercard, American Express, etc.).
    • Google Pay
    • Apple Pay
    • PayPal
    • Other payment methods.
    • Subscription payments and subsequent renewals are made directly on our secure platform. You can manage your subscription and cancel the automatic renewal at any time through your customer account on our Website.

RENEWAL

If you have chosen a paid subscription, unless you cancel it before the end of the subscription period, it will be automatically renewed for periods equal to the initially contracted period.

5. CANCELLATION AND REFUND

You can cancel your subscription at any time through the subscription settings of your iOS App Store or Google Play account. You can also manage your subscription on our website by credit card, or other payment solutions and cancel the automatic renewal at any time through your customer account on our website.

If you cancel your subscription, you will continue to have access to the Services until the end of the current subscription period. Subscription payments are non-refundable, except as provided in the section below. If you cancel your subscription or if your account is terminated in accordance with the provisions of this Agreement, no full or partial refund will be made.

6. RIGHT OF WITHDRAWAL

APP

You are expressly informed that you have a period of 14 days from the date of payment of the subscription to cancel your purchase. To exercise this right, you must communicate unequivocally within this period directly to the iOS App Store or Google Play. More information on this can be found at the following addresses:

WEBSITE

In the case of web services, you may exercise your right directly with our Company. To make this right effective, the subscriber must notify the Company within the period indicated, using the withdrawal form below or any other means.

WITHDRAWAL FORM

(You only have to fill in and send this form if you wish to withdraw from the contract)

To the attention of

IADigitek

help@iadigitek.com

I, __________________________________________ (customer’s name) hereby inform you of my wish to WITHDRAW from our contract for the supply of digital content within the stipulated period of 14 days and request a refund of the amounts paid during this period.

  • Contact e-mail address: _______________
  • Contact telephone number: _______________
  • Date of withdrawal: ________________

Customer’s signature (only if this form is submitted on paper)

***

Once informed, the Company will reimburse the amounts paid by the subscriber within a maximum period of 14 days.

7. UNINSTALLING/REMOVING THE APP

The methods for uninstalling and removing applications vary from one device to another. To uninstall and remove the App, use the application manager supplied with the device or refer to the device manual for more information.

8. PUSH NOTIFICATIONS

If you consent to receive “push notifications”, we inform you that you authorize us to send you all types of commercial notifications related to the Services. You can deactivate the receipt of these “push notifications” at any time through the configuration settings of your cell phone, which may vary depending on the operating system and model.

9. PROTECTION OF PERSONAL DATA

In accordance with the current and applicable legislation on the protection of personal data, the personal data you provide to us when using the Service will be treated in accordance with our Privacy Policy. Any user who accepts this agreement also expressly, unequivocally and consciously accepts our Privacy Policy and may exercise the corresponding rights regarding the protection of personal data in accordance with the same.

10. INTELLECTUAL PROPERTY RIGHTS

The App, its source code and design, the Website and the Services provided by the Company, its digital content, images and videos, as well as any other content subject to protection, are fully protected by intellectual property rights owned by the Company or third parties, being prohibited, by way of example but not limited to, the dissemination, copying, reproduction, communication, disclosure, distribution, commercialization and use for marketing, in whole or in part, of any content of the App and the Website or generated by the use of the same, unless express prior authorization from the Company.

For any notification or information related to intellectual or industrial property, you may contact us at the following email address: legal@iadigitek.com 

Company may from time to time ask you to provide, and you hereby agree to provide, feedback on the use, operation and functionality of the Service, including any information regarding known or suspected bugs, errors or compatibility issues, suggested modifications or enhancements, and features desired by users (“Feedback”). You hereby grant to the Company the unrestricted right to use and incorporate the Feedback into any products and services, to use, sell, offer for sale, import and otherwise exploit such products and services, and to use, copy, distribute and otherwise exploit the Feedback without restriction.

11. GUARANTEE OF CONFORMITY

The Service is guaranteed for the duration of the subscription. The legal coverage of the guarantee refers to the following aspects related to the provision of the service:

  • Conform to the description, type of good, quantity and quality and possess the functionality, compatibility, interoperability and other characteristics of the service and those set forth in this contract.
  • Be suitable for the purposes for which goods or digital content or services of the same type are ordinarily intended and for those specific purposes required by the consumer and for which the entrepreneur has recognized such use.
  • Have the quality and other characteristics, in particular with respect to the durability of the good, the accessibility and continuity of the digital content or service that goods of the same type ordinarily have and that the consumer or user could reasonably expect.

The Subscriber may enforce this warranty by contacting our Customer Service Department.

12. USER’S RESPONSIBILITY

The User and/or the Subscriber may not use the Service for commercial purposes or any other use unrelated to those defined in this contract.

  • Respect for intellectual, industrial and/or analogous property rights of third parties.In general, and for all Services, the User and/or the Subscriber agrees to respect and comply with the applicable regulations in the use of the Service. Specifically, he/she must respect the intellectual and industrial property rights, including trademarks and other distinctive signs of third parties, as well as the image rights of third parties. Users and/or Subscribers must only use content owned by them, unless they are authorized to use third-party content. In other words, they must not use content such as photos, videos, etc. that they have not created themselves or that contain images for which they do not have the relevant authorization, nor use content whose rights belong to another person if they do not have the express authorization that may be required by the Company at any time.
  • Use of Artificial Intelligence tools.For the provision of the Services, the Company has developed different AI tools using third party software and assigns its use to the User and/or Subscriber. The use of the Services and the generation of content is the responsibility of the User and/or Subscriber. The Subscriber guarantees that the use of the Service will not infringe the rights of third parties and in particular undertakes to protect the right to honor, personal and family privacy and self-image being expressly prohibited any activity or dissemination of content that violates these rights of third parties.

Furthermore, it is expressly prohibited the generation and dissemination of information and content that discriminates on the basis of birth, race, sex, religion, opinion or any other social condition; the dissemination of inappropriate content such as images or videos with sexual content, violent content, inappropriate language, fashions that promote negative values that may produce health risks or bad habits, or false or lacking in rigor, slanderous or libelous information, especially to minors.

In this sense, the user and/or subscriber is warned by the company that access to inappropriate content by minors can produce multiple consequences according to studies of the AEPD. Without being exhaustive, these may be the following:

  • Psychological and emotional damage.
  • Disinformation, manipulation and construction of false beliefs.
  • Establishment of dangerous or socially inappropriate behaviors.
  • Damage to physical health.
  • Inclusion in harmful groups and collectives.
  • Addictions.
  • Economic costs.

The User and/or the Subscriber is solely responsible for the consequences of illegal, unauthorized or inappropriate use of the digital content.

The User and/or the Subscriber, in relation to the contracted Service, expressly authorizes the Company to provide any information and documentation required by the administrative, police and/or judicial authorities.

Suspension of the account. The Company may suspend the account of users and/or subscribers who do not comply with these Conditions. In addition, the Company reserves the right to terminate the contractual relationship and prohibit access to the Services in the event of non-compliance with these Terms by the User.

13. RESPONSIBILITY OF THE COMPANY

The Company is responsible for the provision of the Services under the conditions set forth above. Liability arising from acts of God and/or force majeure is excluded. The Company shall not be liable for any loss or damage suffered by the User that is directly or indirectly attributable to the User’s failure to comply with its obligations under this contract.

IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY FOR ANY DAMAGES, DIRECT OR INDIRECT, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNT OF THE FEES YOU HAVE PAID FOR THE SERVICE IN THE LAST THREE (3) MONTHS.

14. DISPUTE RESOLUTION AND CUSTOMER SERVICE

In case of disagreement between the consumer and the Company regarding the execution or interpretation of the Agreement, the parties agree to attempt to resolve the dispute amicably by contacting our customer service. If this attempt at amicable resolution fails, the parties may resort to mediation or another alternative method of dispute resolution before initiating any legal proceedings.

To contact us, you may use the following e-mail address: help@iadigitek.com 

15. APPLICABLE LAW AND JURISDICTION

The Company, domiciled at Paseo de la Castellana 141, 28046, Madrid, Spain, submits to the Courts and Tribunals of Madrid, without prejudice to the Jurisdiction that may legally correspond in each case. Any controversy, dispute or claim shall be governed by and construed in accordance with Spanish law.

Last update: 02/13/2025




TERMS AND CONDITIONS OF USE – “CHATCONNECT” (UNITED STATES AND CANADA)

The following Terms and Conditions of Use apply to all citizens of the United States and Canada.

WELCOME AND THANK YOU FOR YOUR INTEREST IN CHATCONNECT (“THE APP”, “THE WEBSITE” OR “THE SERVICE”). BY DOWNLOADING AND/OR ACCESSING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AS A CONDITION OF YOUR USE OF THE SERVICE, THESE TERMS OF SERVICE AND THE PRIVACY POLICY (COLLECTIVELY, THE “TERMS”). IF YOU DO NOT AGREE TO THE TERMS, OR IF YOU ARE NOT ENTITLED TO USE THE SERVICE, YOU ARE NOT AUTHORIZED TO USE THE SERVICE. YOUR USE OF THE SERVICE AND THE COMPANY’S PROVISION OF THE SERVICE CONSTITUTES AN AGREEMENT BETWEEN YOU AND THE COMPANY TO BE BOUND BY THE TERMS.

NOTICE OF U.S. ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 13, YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND, BY AGREEING TO THESE TERMS, BOTH YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL, CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Company Information:

  • COMPANY: IADigitek   (hereinafter referred to as “ IADigitek  ”, the “Company”, “We”, “Us” or “Our”).
  • Registered office: Calle Príncipe de Vergara, 132, 28002, Madrid, España 
  • Tax ID: B22985964 

CHATCONNECT is an AI service designed to be your virtual assistant in everyday tasks. With advanced models such as GPT-4, CHATCONNECT helps you generate creative content and get quick and intelligent answers to your questions. The services guarantee the confidentiality and security of user data at all times.

By installing, using or accessing the Services, you (a) agree to be bound by these terms and conditions; (b) represent and warrant that you own and/or authorize installation and/or access to the Services on the mobile device; and (c) represent and warrant that you have the right, power and ability to accept and abide by all of its terms and conditions, as if you had signed them. The Terms also apply to all upgrades and add-ons to the Services that are not provided under a separate license or other agreement with us. If you do not agree to these terms, do not install, use or access the Services.

We reserve the right to modify these terms and conditions at any time and for any reason. You have the reciprocal right to terminate the Agreement in the event of a material change. We will notify you of any changes by updating the “last updated” date of the Terms. You will be bound by any changes to the revised Terms, and will be deemed to have been notified of and to accept them, if you continue to use the Services after the date of posting of such revised Terms.

1. AGE REQUIREMENTS

The minimum age to install and use the Service is 14 years old or the minimum age required in your country to consent to use of the Services. If you are under 18 years of age, you must obtain prior authorization from your parent, guardian or legal representative.

2. AUTHORIZATION OF USE

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable, inalienable license to download, install, access and use the latest version of the Services on a single authorized mobile device or compatible device, and to use the content generated by the service, solely for your personal, non-commercial and entertainment use.

3. MAINTENANCE AND SUPPORT; NO WARRANTY

We reserve the right to add, modify, or remove features or functions of the Service. Additionally, we may carry out changes, maintenance, revisions, and updates, which may result in interruptions, delays, or errors. In such cases, you agree that we shall not be liable for any losses, damages, or inconveniences caused by the lack of access during any downtime or service interruption. You also agree that we have no obligation to provide you with specific assistance or maintenance and that no warranty is offered regarding the quality, reliability, or uptime of the Service.

4. ACCESS, SUBSCRIPTION AND RENEWAL

ACCESS

A part of the Services is completely free of charge (“Free No-Benefit Version”). It does not require registration or prior payment, but may have limitations with respect to the use of certain functionalities. You can also take out a paid subscription to benefit from a premium service with advantages.

SUBSCRIPTION

  • Subscription through App Store iOS and Google Play:If you decide to take out a subscription through iOS App Store or Google Play, you must manage and authorize payment directly through your Apple or Google account. The terms and conditions of these platforms will apply to the subscription payment and subsequent renewals.
  • Subscription through the web version:For subscriptions subscribed through our website, several payment methods are offered:
    • Credit card (Visa, Mastercard, American Express, etc.).
    • Google Pay
    • Apple Pay
    • PayPal
    • Other payment methods.
    • Subscription payments and subsequent renewals are made directly on our secure platform. You can manage your subscription and cancel the automatic renewal at any time through your customer account on our Website.

RENEWAL

If you have chosen a paid subscription, unless you cancel it before the end of the subscription period, it will be automatically renewed for periods equal to the initially contracted period.

5. CANCELLATION AND NO REFUNDS

You can cancel your subscription at any time through the subscription settings in your iOS App Store or Google Play account. You can also manage your subscription on our website using a credit card or other payment solutions and cancel automatic renewal at any time through your customer account on our website.

If you cancel your subscription, you will continue to have access to the Services until the end of the current subscription period. Subscription payments are non-refundable. If you cancel your subscription or your account is terminated under these Terms, no full or partial refund will be issued.

6. UNINSTALLING/REMOVING THE APP

The methods for uninstalling and removing applications vary from one device to another. To uninstall and remove the App, use the application manager supplied with the device or refer to the device manual for more information.

7. PUSH NOTIFICATIONS

If you consent to receive “push notifications”, we inform you that you authorize us to send you all types of commercial notifications related to the Services. You can deactivate the receipt of these “push notifications” at any time through the configuration settings of your cell phone, which may vary depending on the operating system and model.

8. PROTECTION OF PERSONAL DATA

In accordance with the current and applicable legislation on the protection of personal data, the personal data you provide to us when using the Service will be treated in accordance with our Privacy Policy. Any user who accepts this agreement also expressly, unequivocally and consciously accepts our Privacy Policy and may exercise the corresponding rights regarding the protection of personal data in accordance with the same.

9. INTELLECTUAL PROPERTY RIGHTS

The App, its source code and design, the Website and the Services provided by the Company, its digital content, images and videos, as well as any other content subject to protection, are fully protected by intellectual property rights owned by the Company or third parties, being prohibited, by way of example but not limited to, the dissemination, copying, reproduction, communication, disclosure, distribution, commercialization and use for marketing, in whole or in part, of any content of the App and the Website or generated by the use of the same, unless express prior authorization from the Company.

For any notification or information related to intellectual or industrial property, you may contact us at the following email address: legal@iadigitek.com 

Company may from time to time ask you to provide, and you hereby agree to provide, feedback on the use, operation and functionality of the Service, including any information regarding known or suspected bugs, errors or compatibility issues, suggested modifications or enhancements, and features desired by users (“Feedback”). You hereby grant to the Company the unrestricted right to use and incorporate the Feedback into any products and services, to use, sell, offer for sale, import and otherwise exploit such products and services, and to use, copy, distribute and otherwise exploit the Feedback without restriction.

10. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PROFESSIONAL PERFORMANCE, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT GUARANTEE OR TAKE RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES PROVIDED THROUGH THE SERVICE, NOR FOR THE CONTENT OF ANY SITE LINKED TO THE SERVICE. THE COMPANY DISCLAIMS ALL CONTRACTUAL, TORT, OR OTHER LIABILITY FOR:

  1. ANY ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT;
  2. ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM ACCESS TO AND USE OF THE SERVICE;
  3. ANY UNAUTHORIZED ACCESS TO THE COMPANY’S SECURE SERVERS AND/OR ANY PERSONAL INFORMATION;
  4. ANY EVENT BEYOND THE COMPANY’S REASONABLE CONTROL.

11. USER’S RESPONSIBILITY

The User and/or the Subscriber may not use the Service for commercial purposes or any other use unrelated to those defined in this contract.

  • Respect for intellectual, industrial and/or analogous property rights of third parties.In general, and for all Services, the User and/or the Subscriber agrees to respect and comply with the applicable regulations in the use of the Service. Specifically, he/she must respect the intellectual and industrial property rights, including trademarks and other distinctive signs of third parties, as well as the image rights of third parties. Users and/or Subscribers must only use content owned by them, unless they are authorized to use third-party content. In other words, they must not use content such as photos, videos, etc. that they have not created themselves or that contain images for which they do not have the relevant authorization, nor use content whose rights belong to another person if they do not have the express authorization that may be required by the Company at any time.
  • Use of Artificial Intelligence tools.For the provision of the Services, the Company has developed different AI tools using third party software and assigns its use to the User and/or Subscriber. The use of the Services and the generation of content is the responsibility of the User and/or Subscriber. The Subscriber guarantees that the use of the Service will not infringe the rights of third parties and in particular undertakes to protect the right to honor, personal and family privacy and self-image being expressly prohibited any activity or dissemination of content that violates these rights of third parties.

Furthermore, it is expressly prohibited the generation and dissemination of information and content that discriminates on the basis of birth, race, sex, religion, opinion or any other social condition; the dissemination of inappropriate content such as images or videos with sexual content, violent content, inappropriate language, fashions that promote negative values that may produce health risks or bad habits, or false or lacking in rigor, slanderous or libelous information, especially to minors.

In this sense, the user and/or subscriber is warned by the company that access to inappropriate content by minors can produce multiple consequences according to studies of the AEPD. Without being exhaustive, these may be the following:

  • Psychological and emotional damage.
  • Disinformation, manipulation and construction of false beliefs.
  • Establishment of dangerous or socially inappropriate behaviors.
  • Damage to physical health.
  • Inclusion in harmful groups and collectives.
  • Addictions.
  • Economic costs.

The User and/or the Subscriber is solely responsible for the consequences of illegal, unauthorized or inappropriate use of the digital content.

The User and/or the Subscriber, in relation to the contracted Service, expressly authorizes the Company to provide any information and documentation required by the administrative, police and/or judicial authorities.

Suspension of the account. The Company may suspend the account of users and/or subscribers who do not comply with these Conditions. In addition, the Company reserves the right to terminate the contractual relationship and prohibit access to the Services in the event of non-compliance with these Terms by the User.

12. RESPONSIBILITY OF THE COMPANY

The Company is responsible for the provision of the Services under the conditions set forth above. Liability arising from acts of God and/or force majeure is excluded. The Company shall not be liable for any loss or damage suffered by the User that is directly or indirectly attributable to the User’s failure to comply with its obligations under this contract.

IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY FOR ANY DAMAGES, DIRECT OR INDIRECT, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNT OF THE FEES YOU HAVE PAID FOR THE SERVICE IN THE LAST THREE (3) MONTHS.

13. NOTICE FOR CALIFORNIA RESIDENTS

California law requires that residents be informed of their right to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by phone at (800) 952-5210, in order to resolve a complaint regarding the Service or to obtain additional information about its use.

14. DISPUTE RESOLUTION AND ARBITRATION IN THE U.S.

If you have a dispute with the Company regarding these Terms, the Service, the App, or any communication from the Company, you agree to attempt to resolve the dispute by contacting our Customer Service via email at help@iadigitek.com . You will receive a response from the Company within 30 business days. If the dispute is not resolved within 90 days from your initial contact with the Company, you may attempt to resolve it through binding arbitration as detailed in this section.

You and the Company agree that any dispute arising from these Terms, the Service, the App, or any communication from the Company that has not been resolved by our Customer Service shall be settled through binding arbitration. Arbitration is a more informal procedure than a trial. It uses a neutral arbitrator instead of a judge or jury, allows for more limited evidence presentation than in court, and is subject to very limited judicial review. Arbitrators may award the same damages and remedies as a court, and nothing in this arbitration agreement shall be construed as limiting inalienable legal rights.

BY ACCEPTING THESE TERMS, YOU AGREE THAT THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS SECTION 13, AND THAT YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

This arbitration provision shall survive the termination of these Terms and your subscription.

While you and the Company agree to submit most disputes to arbitration, nothing in these Terms shall be construed as a waiver or limitation of either party’s right to:

  1. File an individual lawsuit in a small claims court;
  2. Bring an action before a federal, state, or local agency with competent jurisdiction;
  3. Seek injunctive relief in court in addition to arbitration; or
  4. File a lawsuit in court for intellectual property rights infringement.

If you do not wish to be bound by binding arbitration, you may opt out within 30 days from the date you accept these Terms by sending an email tolegal@iadigitek.com  . Your request must include your full legal name, the phone number associated with your account, and a statement expressing your desire to opt out of arbitration (“Opt-Out Notice”). Once the Company has received your request, this section will no longer apply to you. The remaining provisions of the Terms will remain in effect.

Arbitration between you and the Company will be administered by JAMS Mediation, Arbitration, and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The JAMS Rules and instructions for initiating arbitration are available at www.jamsadr.com or by calling 1-800-352-5267. The arbitrator shall be bound by these Terms. All matters, including the scope and enforceability of this arbitration agreement, shall be decided by the arbitrator. Unless the Company and you agree otherwise, any arbitration hearing shall take place in the State of New York. The arbitrator’s decision will be final and binding on all parties, except that (1) judicial review is expressly permitted by law or (2) if the decision includes an injunction against either party, that party may seek judicial review in a court of competent jurisdiction, which shall not be bound by the arbitrator’s findings.

If your claim is for $10,000 or less, you may choose to have arbitration conducted solely based on the documents submitted to the arbitrator, through a telephone hearing, or through an in-person hearing in accordance with the JAMS Rules.

If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules.

Regardless of how arbitration is conducted, the arbitrator must issue a reasoned written decision explaining the essential findings on which the award is based. If the arbitrator awards you more than the Company’s last settlement offer before the arbitrator was appointed (or if no offer was made), the Company will pay you the amount awarded or $5,000, whichever is greater. Unless otherwise stated in this section, payment of all filing, administration, and arbitration fees will be governed by the JAMS Rules.

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. Furthermore, unless you and the Company agree otherwise, the arbitrator may not consolidate multiple claims and may not preside over any class proceeding. If this specific provision is found to be unenforceable, this entire arbitration clause shall be null and void.

15. CUSTOMER SERVICE

To contact us, please use the following email address: help@iadigitek.com 

16. APPLICABLE LAW AND JURISDICTION

UNITED STATES

The laws of the State of New York, United States of America, shall govern all matters arising out of or related to this Agreement, including, without limitation, its validity, interpretation, performance, and enforcement, without regard to conflict of law principles. Any dispute not subject to arbitration, as detailed in Section 11 above, shall be subject to the exclusive jurisdiction of the federal and state courts of the State of New York.

CANADA

These Terms, as well as any dispute, proceeding, or claim of any nature arising out of or in any way related to these General Terms and Conditions, their subject matter, or their formation, shall be governed by the laws of Spain, without regard to conflict of law rules that might otherwise refer the interpretation of this agreement to the substantive laws of another jurisdiction.

The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario, and all courts with jurisdiction to hear appeals from them, in all disputes, proceedings, or claims of any nature related to this Agreement, its subject matter, or its formation, including injunctive relief or other preliminary or provisional measures.

Last updated: 02/13/2025