Terms of Services

Last update: September 20, 2023

These Terms of Service ("Terms") govern your use of the Services (defined below) provided by Forhyre LLC. ("NYDigital.io," "Company," "we," "us," or "our"). These Terms are a binding legal agreement between you or the entity you represent ("Customer" or "you"). If you (the person accepting these Terms) are accepting these Terms on behalf of your employer or another entity, you agree that: (i) you have full legal authority to bind your employer or such entity to these Terms, and (ii) you agree to these Terms on behalf of your employer or such entity. If you are accepting these Terms using an email address from your employer or another entity, then: (i) you will be deemed to represent that party, (ii) your acceptance of these Terms will bind your employer or that entity to these terms, and (iii) the word "you" or "Customer" in these Terms will refer to your employer or that entity.


In these Terms, a “user” is you or anyone who accesses, browses, or in any way uses the Services. You must agree to these Terms before you can use the Services. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.


We operate the website https://nydigital.io (the "Site"), as well as any other related products and services that refer or link to these Terms (collectively, the "Services").


By accessing or using the Services


  • You acknowledge that you have read, understood, and accept these Terms and any additional documents or policies referred to in or incorporated into these Terms, whether you are a visitor to our Site or a user of the Services


  • You agree that we may contact and communicate with you (and your users) using pre-recorded or artificial voices


  • You represent and warrant that you are at least eighteen (18) years of age and have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent


  • If these Terms have materially changed since you last access or used the Services, you acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the changed Terms.

Please note that we may revise and update these Terms from time to time in our sole discretion. If we make a change to the Terms, we will post the revised Terms on our Site. You acknowledge and agree that your continued access or use of the Site or Services constitutes your acceptance of the revised Terms.


PLEASE NOTE: CERTAIN SERVICES MAY BE MADE AVAILABLE ON A SUBSCRIPTION BASIS. IF YOU SUBSCRIBE TO THE SERVICES FOR A SUBSCRIPTION TERM, THEN YOUR SUBSCRIPTION AND THESE TERMS WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE BILLING PERIODS AT OUR THEN-CURRENT PRICING FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 4 BELOW.


PLEASE NOTE: THAT SECTION 18 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 18 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE AND HOW TO OPT OUT.


OUR SERVICES



The Services are controlled or operated (or both) from the United States and are not intended to subject us to any non-U.S. jurisdiction or law. The Services may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.


Access. During the applicable initial or renewal term for your subscription to the Services (“Subscription Term”) identified in the applicable check-out webpage to purchase the Services or other ordering document agreed to by the parties (“Order”), you may access and use, and may allow authorized users to access and use the Services subject to and in accordance with Section 8 below. It is a condition of your use of the Services that the information you provide is correct, current, and complete. You are responsible for making all arrangements necessary for you to have access to the Services. You are responsible for ensuring your access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges) and obtaining and maintaining all equipment necessary to access the Services.


Account Registration. To access the Services in all cases, you must register for an account in accordance with this Section below. To access a Free Trial, Free Tier or a Paid Plan, you must purchase the Services under an Order with us.

You can invite your employees, agents, or other third parties authorized by you to access or use the Services (“Authorized User(s)”) to your account and must designate at least one Authorized User to be an Administrator, who will manage and control the account. (For purposes of these Terms, an "Administrator” means an Authorized User designated by you to manage and control your and Authorized Users’ accounts.) If a user joins an existing account created by another person or organization, that person or organization is the customer and the user is an Authorized User. You are responsible for (and shall ensure) your Administrators’ and Authorized Users’, if applicable, compliance with these Terms. You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own. In order to ensure we can protect and properly administer the Services and our community of users, we have the right to disable or close any user account at any time and for any reason or for no reason. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. If your account canceled, terminated or suspended, you and, if applicable, your authorized users will lose the ability to access and use such account(s) and any of Customer Data (defined below) that you have uploaded or stored using the Services. We may immediately delete Customer Data at the time of cancellation, termination or suspension of such account(s), and we will not be liable to you or any third party in connection with such deletion of Customer Data or your loss of access and use of such account(s).


Account Security. All registration details and other information provided by you is subject to our Privacy Policy. You are responsible for maintaining accurate account information at all times, including a valid email address and billing information and updating such information as necessary. Once you have an account, you are responsible for all activities that occur in connection with your account. You will treat as confidential your account access credentials and will not disclose it to any third party. You agree to immediately notify us if you have any reason to believe that your account credentials have been compromised or if there is any unauthorized use of your account or password, or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park or cafe or public library, so that others are not able to view or record your access credentials or other personal information. We will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by us or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use.


White Label. If your product plan includes white-labeling, we grant you a white label license to incorporate the permitted functionality of the Services within your services offering without attribution to NYDigital.io solely for your direct business activities, subject to your complete and ongoing compliance with these Terms, including without limitation, all payment obligations. This white label license is worldwide, revocable, non-exclusive, transferable solely to your users as authorized sublicensees within the scope of this license, provided you must require (and are liable for) your sublicensees to compliance with all applicable terms and conditions of these Terms. You are solely responsible for the provision of your products and services to users and will indemnify and hold harmless NYDigital.io from any related claims, liabilities or damages.


YOUR RESPONSIBILITIES


By sending us submissions and/or posting Customer Data through any part of the Services or making Customer Data through the Services by linking your account through the Services to any of your social networking accounts, you: confirm that you have read and agree to these Terms, including without limitation Section 6 and Section 9 below; to the extent permissible by applicable law, waive any and all moral rights to any such submission and/or contribution; represent and warrant that any such Customer Data are original submission and/or contributions; you have the necessary rights and licenses to submit such submissions and/or contributions; and that you have full authorization to grant us the above-mentioned rights in relation to your submissions and/or contributions; and further you agree that your Customer Data and/or contributions do not constitute confidential information. You are responsible for your Customer Data and submissions and/or contributions and you expressly agree to reimburse us for any and all losses to Customer Data because of your breach of (a) these Terms; (b) any third party’s intellectual property rights; or (c) applicable law. Although we have no obligation to monitor any contributions, we shall have the right to remove or edit any Customer Data or Contributions at any time in our sole discretion. If we remove or edit any such Customer Data or contributions, we may also suspend your account and report to law enforcement authorities.


YOUR REPRESENTATIONS AND WARRANTIES


By using the Services, you represent and warrant that: (1) all Customer Data (defined below) that you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update your Customer Data as necessary; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you have the right to upload the Customer Data in and through the Services; (5) such use does not violate or infringe on any rights of any third party; (6) your use of the Services will not violate any applicable law or regulation; (7) you are aware of your obligations with respect to compliance with laws relating to call recording, telemarketing, spam; and privacy; (8) you will not rely on us for advice; (9) for compliance with such laws.


If you provide any Customer Data or information that is unlawful, untrue, inaccurate, not current, incomplete, or that breaches these Terms, we have the right to suspend or terminate your account and refuse any current or future use of the Services (or any portion thereof).


Without limiting the above if any Customer Data violates these Terms or any applicable laws we may in our sole discretion ask you to remove or edit the Customer Data so it is no longer in violation; we may but are not obligated to remove the Customer Data; take action as needed; resolve issue.


PLANS; AUTOMATIC RENEWAL REGISTRATION


Free Tier; Paid Plans. We may make the Services available to you for free subject to certain monthly usage limitations ("Free Tier"). We also offer paid access to the Services under various different paid plans as further specified in Order (each "Paid Plan").


Automatic Renewal; Cancellation. Unless otherwise stated on Order each Subscription Term will automatically renew unless cancel downgrade subscription prior end current billing cycle. You authorize us charge credit card on file invoice for each renewal until cancel subscription. You can cancel subscription at any time by contacting us using contact information provided below. Your cancellation will take effect at end current billing cycle for Paid Services.


Downgrades. If fail pay Fees defined below displayed on Order plus applicable Taxes when due we may downgrade Free Tier plan upon reasonable notice. If downgraded may lose access certain features functionality but these Terms will continue apply.


Price Changes. We may increase modify our pricing for Paid Plans at any time without notice sole discretion new pricing will go into effect upon start next billing cycle for Paid Plan subscription. If do not terminate Paid Plan subscription before renewal authorize us collect payment increased modified pricing.


PURCHASES AND PAYMENT


Fees


You will pay us fees for Services displayed on Order (“Fees”) manner specified by us plus applicable Taxes accordance with this Section. You agree understand if do not pay Fees due for Services within agreed time period then reserve right suspend access use Services until such Fees paid provided this Section. If reasonably good faith believe billed incorrectly reasonably good faith dispute Fees billed contact no later than thirty (30) days after invoice date invoice error problem appeared receive adjustment credit if applicable. All Fees non-refundable non-creditable except expressly set forth in these Terms.


Taxes


All Fees other amounts payable by you under these Terms exclusive all government-imposed taxes levies duties including value-added sales use withholding taxes except taxes based on net income similar assessments (“Taxes”). You responsible all sales use excise Taxes other similar Taxes duties charges kind imposed federal state local governmental regulatory authority amounts payable hereunder other than Taxes imposed income.


Payment


Unless otherwise provided applicable Order pay all Fees due time purchase make payments hereunder U.S dollars make payments account specified applicable Order other account specify writing from time time. If paying Fees using credit card digital payment method supported authorize us charge account for Services using payment method must keep information billing account current ensure all Fees charged appropriate account timely paid notifying stop using previously designated payment method fail designate alternative immediately suspend use access Services notice changing billing account affect charges submit billing account before reasonably can act request. We may use third-party intermediary manage credit card processing this intermediary permitted use credit card information except connection authorized purchases Notice including email third-party credit card processor declining credit card otherwise relating account deemed valid notice from us.


Late Payment


If fail make payment due then addition all other remedies available we may charge interest past due amount rate 1.5% month calculated daily compounded monthly lower highest rate permitted under applicable law if such failure continues five (5) days following written notice thereof we may suspend performance Services until past due amounts interest thereon paid without incurring obligation liability reason suspension.


PROHIBITED ACTIVITIES


As user Services agree not allow third party:


    • Act reseller distributor service bureau otherwise use exploit available encumber Services benefit third party. 
    • Access use Services without prior written consent become direct competitor affiliates.
    • Access Services order build competitive product service copy ideas features functions graphics.
    • Share access use information about Services direct competitor.
    • Systematically retrieve data content from Services create compile directly indirectly collection compilation database directory without written permission.
      Incorporate merge NYDigital.io Materials another software product otherwise access use NYDigital.io Materials Documentation defined create modify enhance software competing service.
    • Combine use Services third party hardware networks code data services infringes third party right.
    • Trick defraud mislead us other users especially attempt learn sensitive account information user passwords.
    • Circumvent disable otherwise interfere security-related features Services including features prevent restrict use copy Content enforce limitations use Services Content contained therein.
    • Disparage tarnish otherwise harm opinion us/or Services.
    • Take action imposes unreasonable disproportionately large load infrastructure.
      Use Services Output post send infringing obscene threatening libelous otherwise unlawful material.
    • Use Services Output violation applicable laws.
      Upload Services use send store viruses worms time bombs Trojan horses harmful malicious code files scripts agents programs.
    • Use information obtained from Services order harass abuse harm another person.
    • Make improper use support services submit false reports abuse misconduct.
      Engage unauthorized framing linking Services.
    • Engage automated use system using scripts send comments messages using data mining robots similar data gathering extraction tools.
    • Delete copyright other proprietary rights notice Content.
    • Attempt impersonate another user person use username another user.
    • Upload transmit attempt upload transmit material acts passive active information collection transmission mechanism including limitation clear graphics interchange formats ("gifs") 1×1 pixels web bugs cookies similar devices sometimes referred "spyware" passive collection mechanisms pcms.
      Intentionally unintentionally interfere disrupt integrity performance Services data contained therein create undue burden on networks services connected.
    • Harass annoy intimidate threaten employees agents engaged providing portion Services.
    • Attempt bypass measures designed prevent restrict access portion.
    • Copy adapt software including limited Flash PHP HTML JavaScript code.
    • Except result standard search engine Internet browser usage launch develop distribute automated system spider robot cheat utility scraper offline reader accesses Services launch unauthorized script software.
      Use buying agent purchasing agent make purchases.
      Make unauthorized use collect usernames email addresses users electronic means purpose sending unsolicited email creating user accounts automated means false pretenses.
      Sell otherwise transfer profile account. 
    • Use Output create promote distribute content illegal harmful violates copyright laws.
      Manipulate attempt manipulate AI agent way against intended use.
      Use fraudulent activities including but limited phishing scams financial fraud. 
    • Use Output send spam duplicative unsolicited messages violation applicable laws.
    • Without express prior written consent NYDigital.io conduct benchmarking comparative study analysis involving Services reason purpose except extent absolutely necessary determine suitability interoperate internal systems.
    • Claim endorsement NYDigital.io explicit permission. 
    • Use attempt tools circumvent security feature NYDigital.io Services.
    • Create propagate content promotes hate discrimination violence individuals groups race ethnicity nationality religion gender gender identity sexual orientation disability identifiable characteristics.
    • Use Output run automated queries websites.
      Remove alter trademark logo copyright proprietary notices legends symbols labels in Services
    • Attempt gain permit unauthorized third party unauthorized access related systems networks unauthorized third party.
      Permit third party do foregoing.

    In addition agree shall only permit access user authorized users; not access use from embargoed nation country/region becomes embargoed nation violation export compliance laws.


    NYDIGITAL.IO RIGHTS


    We reserve right suspend access event believe use represents imminent threat users network breach violation laws regulations applicable breach Terms directed court competent authority cases we will suspend extent reasonably necessary prevent harm users network best efforts promptly contact give opportunity change configuration server(s) accordingly/or work resolve issues causing suspension services; reinstate suspended promptly issue abated without limiting foregoing reserve right manage bandwidth route traffic across Internet commercially optimal way provided actions compromise obligations regarding Customer Data.



    We have right remove limit distribution Customer Data deem reasonably necessary appropriate conclude violates Terms infringes intellectual property right person entity threatens personal safety individual could create liability take appropriate legal action including limitation referral law enforcement illegal use terminate suspend access part violation Terms notwithstanding foregoing obligated review Customer Data before posted via cannot ensure prompt removal objectionable after posted assume no liability action inaction regarding transmissions communications content provided Authorized User third party disclaim liability responsibility exercise nonexercise rights under Section.


    We have right use act suggestions ideas enhancement requests feedback recommendations provided relating utilize all other information provided relating extent necessary comply legal requirements contractual obligations utilize anonymized aggregated data protect improve provided identity derived data foregoing shall way limit confidentiality obligations set forth Terms.


    INTELLECTUAL PROPERTY RIGHTS
    Our Intellectual Property


    Except expressly stated Terms grant rights implied otherwise intellectual property own all trademarks logos branding Content create connection retain proprietary rights every kind nature denominated throughout world registered unregistered associated Company Content collectively “NYDigital.io IP.” Except expressly unambiguously provided herein do not grant express implied rights all rights NYDigital.io IP retained.


    We hereby grant during Term non-exclusive non-transferable non-sublicensable worldwide irrevocable license access use subject usage capacity limitations set forth Order solely case Paid Plan internal business purposes enable products services artificial intelligence capabilities accordance terms case Free Trial access Free Tier internal non-commercial evaluation purposes determine desire seek paid access accordance terms.


    CUSTOMER DATA


    We do not assert ownership Customer Data retain full ownership intellectual property rights proprietary rights associated responsible ensuring calls video audio transcription data images comments clips content information submitted uploaded comply terms laws including but limited requiring obtain consent third party collect record provide appropriate notices third-party rights no circumstances liable way customer transmitted viewed while using errors omissions incurred result accessing denying access expressly agree exonerate refrain legal action regarding.



    Subject Terms grants non-exclusive worldwide royalty-free right during Term process Customer Data solely extent necessary provide services contemplated protect update enforce exercise rights required law instructed.

    As between parties own acknowledge business improving enhancements partially through learnings generated training accordingly grants non-exclusive perpetual irrevocable transferable worldwide royalty-free license reproduce modify exploit operate train modify maintain support update enhance exploit improve NYDigital.io IP current future products services technology right grant authorize sublicenses sole discretion remain liable ensuring sublicensees comply scope licenses Section.


    Have right sole absolute discretion edit redact otherwise change Customer Data re-categorize place appropriate locations pre-screen delete time reason without notice no obligation monitor.


    You will ensure authorized users do not upload post record transmit harmful offensive unlawful otherwise objectionable including:


    • Your Customer Data false inaccurate misleading.
    • Your Customer Data unsolicited unauthorized advertising promotional materials pyramid schemes chain letters spam mass mailings forms solicitation.
    • Your Customer Data hateful defamatory vulgar discriminatory obscene lewd lascivious filthy violent harassing libelous slanderous otherwise objectionable determined by us.
    • Your Customer Data ridicule mock disparage intimidate abuse anyone.
    • Your Customer Data used harass threaten promote violence specific class people.
    • Your Customer Data violate applicable law regulation rule.
    • Your Customer Data violate privacy publicity rights third party give rise civil criminal liability under laws regulations.
    • Your Customer Data violate law concerning child pornography protect health well-being minors.
    • Your Customer Data include offensive comments connected race national origin gender sexual preference physical handicap.
    • Your Customer Data contain pornography sexually explicit material promote sexually explicit extremely violent content harmful minors promote suicide self-harm provide instructional information illegal activities promote physical harm injury group individual.
    • Your Customer Data likely deceive mislead person. 
    • Further acknowledge agree written consent release permission identifiable individual person name likeness identifiable individual enable inclusion contemplated enable receive access manner contemplated.
    • You solely responsible all data transmit relates activity undertaken using agree shall liability loss corruption waive right action arising loss corruption data.

    GUIDELINES FOR REVIEWS


    We may provide areas on Services leave reviews ratings posting review must comply following criteria: firsthand experience person/entity reviewed reviews contain offensive profanity abusive racist hateful language reviews contain discriminatory references religion race gender national origin age marital status sexual orientation disability reviews contain references illegal activity affiliated competitors posting negative reviews conclusions legality conduct may not post false misleading statements organize campaign encouraging others post reviews positive negative.



    We may accept reject remove reviews sole discretion obligation screen reviews delete even considers objectionable inaccurate reviews endorsed do not necessarily represent opinions views affiliates partners assume liability review claims liabilities losses resulting review posting review hereby grant perpetual non-exclusive worldwide royalty-free fully paid assignable sublicensable right license reproduce modify translate transmit means display perform distribute content relating review.


    THIRD-PARTY WEBSITES AND CONTENT


    The Service may contain interact associated with third party platforms services plug-ins applications ads tools content links websites owned controlled operated not us ("Third-Party Websites") including services operated advertisers licensors licensees certain other parties business relationships with ("Third-Party Content"). We also host Content apps tools Third-Party Websites are responsible content Third-Party Websites responsible Third-Party Websites accessed through any Third-Party Content posted available installed from inclusion linking permitting installation Third-Party Websites Content imply approval endorsement thereof risk governed terms policies review applicable terms policies privacy data gathering practices website navigate relating applications use install through purchases made through Third-Party Websites other websites companies take responsibility relation purchases exclusively between applicable third party agree acknowledge endorse products services offered accessed obtained advertised Third-Party Websites circumstances be liable direct indirect incidental special loss damage arising negligence breach contract defamation infringement copyright intellectual property rights caused exhibition distribution exploitation information content contained Third-Party Websites hereby grants irrevocable perpetual license reproduce edit create derivative works distribute display copy transmit otherwise commercially otherwise material post social networking site Third-Party Websites connection our.



    Third-Party Apps


    The Services may contain features designed interoperate third-party applications integrations websites products services linked interact interoperate services applications built third parties developer tools made available Authorized Users (“Third-Party App”). To such features users required obtain access Third-Party App providers grant us access users’ accounts such Third-Party Apps if Third-Party App permission allow provider access Customer Data enabling Third-Party App authorize transfer data Third-Party App applicable ensure transfer complies applicable laws acquisition Third-Party Apps exchange between applicable provider product service solely between user provider warrant support Third-Party App responsible disclosure modification deletion resulting access provider solely responsible ensuring necessary licenses rights purposes contemplated herein understand agree subject terms privacy policies responsible reviewing those terms policies before enabling Third-Party Apps us not responsible Third-Party Apps does warrant support them.


    SERVICES MANAGEMENT


    The Services may contain sent via Site links websites ("Third-Party Websites") articles photographs text graphics pictures designs music sound video information applications software content items belonging originating from parties ("Third-Party Content"). Such Third-Party Websites Third-Party Content investigated monitored checked accuracy appropriateness completeness with not responsible accessed through any posted available installed including content accuracy offensiveness opinions reliability privacy practices policies contained Inclusion linking permitting installation implies approval endorsement thereof if decide leave access content do so risk should aware govern should review applicable terms policies privacy data gathering practices navigate relating applications used installed purchases made through will take no responsibility whatsoever relation purchases exclusively between applicable third party agree acknowledge endorse products services offered Third-Party Websites hold blameless harm caused purchase products services hold blameless losses sustained relating resulting way Third-Party Content contact Third-Party Websites.


    PRIVACY POLICY


    You understand using consent agree collection use certain information about use accordance Privacy Policy available https://nydigital.io/privacy incorporated reference forms part Terms if object information being used way please do not use Without limiting foregoing consent agree receiving communications NYDigital.io text message SMS voice calls see Privacy Policy more information how opt text message communications.



    Please advised hosted United States if access any region world laws requirements governing personal data collection use disclosure differ from applicable laws United States then continued consent transferring data United States expressly consent data transferred processed United States.


    EXCLUDED DATA


    You will not provide Excluded subject heightened security requirements law regulation contract examples include limited Gramm–Leach–Bliley Act Family Educational Rights Privacy Act Child’s Online Privacy Protection Act standards promulgated PCI Security Standards Council PCI-DSS international equivalents collectively (“Excluded Data”). NYDigital.io shall responsibility liability Excluded Data.


    TERM TERMINATION


    Term



    These Terms shall remain full force effect while use.


    Suspension Termination by NYDigital.io


    We may suspend access terminate these Terms terminate: extent required law prevent risk harm us users violations policies practicable sole discretion contact opportunity resolve issue suspension termination if terminate suspend prohibited registering creating new under name fake borrowed name name third party acting behalf reserve right take appropriate legal action pursuing civil criminal injunctive redress.


    Survival


    Terms intended nature survive termination survive confidentiality obligations limitations liability disclaimers.


    NO GUARANTEE SERVICE



    Although hope make available times future times need disable either temporarily permanently guarantee available times experience hardware software problems need perform maintenance resulting interruptions delays errors reserve right change modify interrupt suspend discontinue remove contents anytime reason sole discretion without notice liability however no obligation update information services liable loss damage inconvenience inability access during downtime discontinuance nothing construed obligate maintain support supply corrections updates releases connection therewith.


    GOVERNING LAW


    These Terms governed laws State New York respect conflict laws principles agree submit personal jurisdiction federal courts United States courts State New York each case located city New York.


    DISPUTE RESOLUTION


    Please read arbitration agreement Section ("Arbitration Agreement") carefully requires arbitrate disputes limits manner seek relief us.



    Agreement Arbitrate


    This Section referred as "Arbitration Agreement." You agree disputes claims arisen arise between NYDigital.io whether arising relating terms alleged breach thereof services advertising aspect relationship transactions between resolved exclusively final binding arbitration rather court accordance terms Arbitration Agreement except assert individual claims small claims court claims qualify further Arbitration Agreement does preclude bringing issues attention federal state local agencies such agencies can law allows seek relief behalf entering into waive trial jury participate class action rights determined neutral arbitrator judge jury Federal Arbitration Act governs interpretation enforcement Arbitration 

    Agreement.


    Pre-Arbitration Dispute Resolution


    We always interested resolving disputes amicably efficiently concerns resolved quickly satisfaction emailing customer support at support@nydigital.io efforts prove unsuccessful party intends seek arbitration must first send certified mail written notice dispute ("Notice"). Notice NYDigital.io should sent address: 601 Route 206, Suite 26 # 469 Hillsborough, NJ - 08844 United States copy support@nydigital.io ("Notice Address"). Notice must describe nature basis claim dispute set forth specific relief sought if NYDigital.io resolve claim sixty (60) calendar days Notice received commence arbitration proceeding during arbitration amount settlement offer made should disclosed arbitrator after determines amount entitled parties seeking relief.


    Prohibition Class Representative Actions Non-Individualized Relief


    YOU NYDIGITAL.IO AGREE EACH BRING CLAIMS AGAINST ONLY INDIVIDUAL BASIS NOT PLAINTIFF CLASS MEMBER PURPORTED CLASS REPRESENTATIVE ACTION PROCEEDING UNLESS BOTH AGREE OTHERWISE ARBITRATOR CONSOLIDATE JOIN PERSON'S PARTY'S CLAIMS OTHERWISE PRESIDE FORM CONSOLIDATED REPRESENTATIVE CLASS PROCEEDING ALSO ARBITRATOR AWARD RELIEF INCLUDING MONETARY INJUNCTIVE DECLARATORY ONLY FAVOR INDIVIDUAL PARTY SEEKING RELIEF EXTENT NECESSARY PROVIDE RELIEF NECESSITATED BY PARTY'S INDIVIDUAL CLAIMS EXCEPT PURSUE CLAIM ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW REQUIRED ENFORCEABILITY PROVISION.


    Waiver Jury Trial


    YOU NYDIGITAL.IO HEREBY WAIVE CONSTITUTIONAL STATUTORY RIGHTS SUE COURT TRIAL FRONT JUDGE JURY YOU INSTEAD ELECTING CLAIMS DISPUTES SHALL RESOLVED ARBITRATION UNDER Arbitration Agreement specified above arbitrator award individual basis damages relief court must follow Arbitration Agreement court would however judge jury arbitration court review arbitration award subject limited review unless NYDigital.io agree otherwise arbitration hearings take reasonably convenient location both parties due consideration ability travel pertinent circumstances able agree location determination shall made AAA claim $10 000 less agrees choose arbitration conducted solely basis documents submitted arbitrator telephonic hearing hearing established AAA Rules claim exceeds $10 000 right hearing determined AAA Rules regardless manner arbitration conducted arbitrator issue reasoned written decision sufficient explain essential findings conclusions award based.


    Costs Arbitration


    Payment filing administration arbitrator fees collectively ("Arbitration Fees") governed AAA Rules unless otherwise provided Arbitration Agreement value relief sought $75 000 less request elect pay Arbitration Fees value relief sought more $75 000 able demonstrate arbitrator economically unable pay portion Arbitration Fees otherwise determines reason should required pay portion fees addition demonstrate arbitrator costs prohibitive compared costs litigation elect pay much deemed necessary prevent cost-prohibitive payment attorneys' fees governed AAA Rules.


    Confidentiality


    All aspects arbitration proceeding ruling decision award arbitrator strictly confidential benefit parties.


    Severability


    If court arbitrator decides term provision Arbitration Agreement subsection titled "Prohibition Class Representative Actions Non-Individualized Relief" invalid unenforceable parties agree replace term provision valid enforceable comes closest expressing intention invalid unenforceable term provision Arbitration Agreement enforceable modified if court arbitrator decides provisions subsection above invalid unenforceable entirety Arbitration Agreement null void unless provisions deemed invalid unenforceable solely respect claims public injunctive relief remainder Terms continue apply.


    Future Changes Arbitration Agreement


    Notwithstanding provision contrary NYDigital.io agrees makes future change Arbitration Agreement changing Notice Address while user Services reject change sending written notice within thirty (30) calendar days change Notice Address provided above rejecting future change agreeing arbitrate dispute accordance language Arbitration Agreement date first accepted Terms accepted subsequent changes Terms.


    DISCLAIMER
    THE SERVICES PROVIDED AS-IS AS-AVAILABLE BASIS AGREE USE SERVICES SOLE RISK FULLEST EXTENT PERMITTED LAW DISCLAIM WARRANTIES EXPRESS IMPLIED CONNECTION SERVICES USE THEREOF INCLUDING LIMITATION IMPLIED WARRANTIES MERCHANTABILITY FITNESS PARTICULAR PURPOSE NON-INFRINGEMENT MAKE WARRANTIES REPRESENTATIONS ACCURACY COMPLETENESS SERVICES OUTPUT CONTENT CONTENT WEBSITES MOBILE APPLICATIONS LINKED SERVICES ASSUME LIABILITY RESPONSIBILITY ERRORS MISTAKES INACCURACIES CONTENT MATERIALS PERSONAL INJURY PROPERTY DAMAGE NATURE WHATSOEVER RESULTING ACCESS USE UNAUTHORIZED ACCESS USE SECURE SERVERS ALL INFORMATION STORED THEREIN INTERRUPTION CESSATION TRANSMISSION FROM SERVICES ANY BUGS VIRUSES TROJAN HORSES LIKE MAY TRANSMITTED THROUGH SERVICES THIRD PARTY ERRORS OMISSIONS CONTENT MATERIALS LOSS DAMAGE KIND INCURRED RESULT USE CONTENT POSTED TRANSMITTED OTHERWISE MADE AVAILABLE VIA SERVICES WARRANT ENDORSE GUARANTEE ASSUME RESPONSIBILITY PRODUCT SERVICE ADVERTISED OFFERED THIRD PARTY THROUGH SERVICES HYPERLINKED WEBSITE WEBSITE MOBILE APPLICATION FEATURED BANNER ADVERTISING PARTY WAY RESPONSIBLE MONITORING TRANSACTION BETWEEN THIRD-PARTY PROVIDERS PRODUCTS SERVICES PURCHASE PRODUCT SERVICE MEDIUM ENVIRONMENT BEST JUDGMENT EXERCISE CAUTION WHERE APPROPRIATE.


    LIMITATIONS LIABILITY
    IN NO EVENT WE DIRECTORS EMPLOYEES AGENTS LIABLE ANY THIRD PARTY DIRECT INDIRECT CONSEQUENTIAL EXEMPLARY INCIDENTAL SPECIAL PUNITIVE DAMAGES INCLUDING LOST PROFIT LOST REVENUE LOSS DATA OTHER DAMAGES ARISING USE SERVICES EVEN ADVISED POSSIBILITY DAMAGES NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN LIABILITY CAUSE WHATSOEVER REGARDLESS FORM ACTION TIMELY LIMITED AMOUNT PAID ANY YOU US DURING SIX MONTH PERIOD PRIOR CAUSE ACTION ARISING CERTAIN STATE LAWS INTERNATIONAL LAWS ALLOW LIMITATIONS IMPLIED WARRANTIES EXCLUSION LIMITATION DAMAGES IF LAWS APPLY SOME ABOVE DISCLAIMERS LIMITATIONS MAY APPLY ADDITIONAL RIGHTS RESIDENT JURISDICTION REQUIRES SPECIFIC STATEMENT REGARDING RELEASE EXAMPLE CALIFORNIA RESIDENTS CONDITION AGREEMENT WAIVE APPLICABILITY CALIFORNIA CIVIL CODE SECTION 1542 STATES GENERAL RELEASE EXTEND CLAIMS CREDITOR RELEASING PARTY DOES NOT KNOW SUSPECT EXIST FAVOR TIME EXECUTING RELEASE KNOWN WOULD MATERIALLY AFFECTED SETTLEMENT DEBTOR RELEASED PARTY NEW JERSEY RESIDENTS CONDITION AGREEMENT WAIVE APPLICABILITY TRUTH CONSUMER CONTRACT WARRANTY NOTICE ACT SECTION 15 STATES AMONG THINGS SELLERS COURSE BUSINESS OFFER CONSUMER PROSPECTIVE CONSUMER ENTER WRITTEN CONTRACT GIVE DISPLAY WRITTEN WARRANTY NOTICE SIGN INCLUDE PROVISION VIOLATES CLEARLY ESTABLISHED LEGAL RIGHT RESPONSIBILITY SELLER Y SECTION STATES AMONG THINGS NO CONSUMER CONTRACT NOTICE SIGN STATE PROVISIONS VOID UNENFORCEABLE INAPPLICABLE SOME JURISDICTIONS WITHOUT SPECIFYING WHICH PROVISIONS VOID UNENFORCEABLE OR INAPPLICABLE STATE JERSEY HEREBY WAIVE APPLICABLE SECTIONS CALIFORNIA CIVIL CODE NEW JERSEY TRUTH CONSUMER CONTRACT WARRANTY NOTICE ACT HEREBY WAIVE SIMILAR PROVISION LAW REGULATION CODE SAME INTENT EFFECT AFOREMENTIONED PROVISIONS.


    BETA SERVICES
    You may choose services features identified “alpha” “beta” “preview” “early access” “evaluation” words phrases similar meanings (“Beta Services”) sole discretion notwithstanding anything contrary Terms otherwise Beta Services supported changed terminated anytime without notice Beta Services reliable available as not subjected same security requirements measures auditing as constitute Confidential Information BETA SERVICES PROVIDED "AS IS" WITHOUT WARRANTY INDEMNITY SUPPORT NYDIGITAL.IO LIABILITY BETA SERVICES WILL NOT EXCEED FIFTY DOLLARS ($50).


    Compliance Acknowledgment Applicable Telemarketing Dialing Recording Laws
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    ARTIFICIAL INTELLIGENCE TOOLS


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