Terms of Service

1. Acceptance of Terms

By accessing and using the DIGIMARK website and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service ("Terms") govern your use of our website located at digimark.agency (the "Service") operated by DIGIMARK Ltd ("us", "we", or "our").

2. Description of Service

DIGIMARK provides AI-powered branding and marketing services including but not limited to:

• Brand identity development and design
• Digital marketing strategy and implementation
• Multicultural marketing and communication
• Content creation and management
• Performance marketing and analytics
• Customer experience optimization

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time.

3. User Responsibilities

As a user of our services, you agree to:

• Provide accurate and complete information when requested
• Maintain the confidentiality of any account credentials
• Use our services only for lawful purposes
• Respect intellectual property rights
• Not interfere with or disrupt our services
• Comply with all applicable laws and regulations

4. Intellectual Property Rights

Our Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of DIGIMARK Ltd and its licensors. The Service is protected by copyright, trademark, and other laws.

Client Work Product

Upon full payment for services, clients retain ownership of the final deliverables created specifically for them. However, DIGIMARK retains the right to:

• Use work samples for portfolio and marketing purposes
• Retain ownership of methodologies, processes, and know-how
• Use general knowledge and experience gained from projects

Third-Party Content

Clients are responsible for ensuring they have proper rights to any content, images, or materials they provide to us.

5. Service Terms and Payment

Project Scope

All projects will be governed by a separate statement of work or service agreement that outlines specific deliverables, timelines, and costs.

Payment Terms

• Payment terms will be specified in individual project agreements
• Late payments may incur additional fees
• Work may be suspended for overdue accounts
• All prices are exclusive of applicable taxes unless stated otherwise

Cancellation and Refunds

Cancellation terms and refund policies will be outlined in individual service agreements. Generally, work completed up to the point of cancellation will be billable.

6. Confidentiality

We understand that clients may share confidential information with us. We agree to:

• Maintain strict confidentiality of all client information
• Use confidential information only for the purpose of providing services
• Not disclose confidential information to third parties without consent
• Return or destroy confidential information upon request

This confidentiality obligation survives termination of our service relationship.

7. Limitation of Liability

To the maximum extent permitted by applicable law:

• DIGIMARK shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount paid by the client for the specific service giving rise to the claim
• We make no warranties regarding the results or outcomes of our services
• Clients acknowledge that marketing results can vary and are influenced by many factors beyond our control

8. Indemnification

You agree to defend, indemnify, and hold harmless DIGIMARK and its employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including intellectual property rights
• Any content or materials you provide to us

9. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive termination.

10. Governing Law

These Terms shall be interpreted and governed by the laws of England and Wales, without regard to its conflict of law provisions. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

12. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

13. Contact Information

If you have any questions about these Terms of Service, please contact us: