These Terms and Conditions ("Terms") govern your access to and use of digiYo, including the digiYo mobile application, website, software, video player, social features, livestreaming features, messaging tools, commerce tools, paid viewing products, subscriptions, creator tools, and related services (collectively, the "Service").
These Terms form a binding agreement between you and digiYo, located at 44 Downing Street, Suite 3B, New York, NY 10014 ("digiYo," "we," "us," or "our"). By creating an account, using the Service, clicking to accept these Terms, purchasing a product or paid content, listing a product, uploading content, or otherwise accessing the Service, you agree to these Terms. If you do not agree, do not use the Service.
Some parts of the Service may also be subject to additional rules, offer terms, refund rules, payout rules, community standards, creator standards, copyright rules, and privacy notices presented in the Service. If those additional terms conflict with these Terms, the additional terms control for that feature to the extent of the conflict.
Acceptance and eligibility
You must be at least 13 years old to use the Service unless the law where you live requires a higher minimum age. The Service is not directed to children under 13. If you are under the age of majority in your jurisdiction, you may use the Service only with the involvement and consent of your parent or legal guardian. To purchase paid content, subscribe, buy products, sell products, receive payouts, or use monetization features, you must be at least 18 years old or the age of majority where you live and capable of forming a binding contract.
Your account
You may need an account to use some features. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. You may not sell, rent, lease, share, or transfer your account except with our written permission. If you believe your account has been accessed without authorization, you must notify us promptly through the contact methods available in the Service.
The Service
digiYo is a sports-focused social media and commerce platform. The Service may allow users to create profiles, upload content, follow creators, teams, athletes, brands, and communities, watch free or paid content, purchase subscriptions or pay-per-view access, buy certain physical products, sell products or content where enabled, participate in livestreams, and interact with others. We may add, remove, suspend, limit, or change features, content, territories, pricing, functionality, and access rights at any time.
Community standards and acceptable use
You may use the Service only in compliance with these Terms, any posted policies, and applicable law. You may not post or transmit unlawful, infringing, deceptive, fraudulent, threatening, harassing, hateful, violent, sexually exploitative, or privacy-violating material. You may not impersonate any person or entity or misrepresent your identity, age, authority, credentials, affiliation, or sponsorship status. You may not upload malware or harmful code. You may not scrape or access the Service using bots or automated tools except as expressly authorized by us. You may not interfere with the operation, security, payments, geofencing, blackouts, or moderation systems of the Service. You may not engage in phishing, identity theft, payment fraud, refund abuse, chargeback abuse, or payout abuse. You may not upload, stream, clip, sell, or monetize sports broadcasts, event footage, highlights, commentary feeds, venue footage, logo packages, photographs, graphics, or statistical feeds unless you have all rights necessary for that use. You may not sell counterfeit, stolen, unsafe, illegal, or otherwise prohibited goods. You may not use the Service for unauthorized ticketing, gambling, sports wagering, raffles, sweepstakes, or contests except where we expressly permit such activity under separate rules.
We may investigate misconduct and may remove content, limit distribution, age-gate content, geo-block content, cancel transactions, suspend monetization, freeze payouts, disable live features, suspend accounts, or terminate access when we believe it is reasonably necessary to enforce these Terms, comply with law, protect users, protect rights holders, protect payment systems, or protect the Service.
User content and ownership
"User Content" means content you upload, post, stream, publish, list, send, submit, or otherwise make available through the Service, including videos, livestreams, images, audio, text, comments, product listings, usernames, profile information, titles, descriptions, reviews, metadata, and other materials. You retain ownership of your User Content, subject to the rights you grant to us and others under these Terms.
You represent and warrant that you own or control all rights necessary to use, upload, display, sell, distribute, stream, and monetize your User Content and that your User Content and conduct do not violate these Terms, applicable law, or the rights of any person or entity. If your User Content includes a person's name, image, voice, likeness, signature, performance, trademark, music, broadcast footage, or other protected material, you are solely responsible for obtaining all required rights, permissions, releases, licenses, and consents.
License you grant to digiYo
By making User Content available on or through the Service, you grant digiYo a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, cache, reproduce, copy, modify, adapt, reformat, translate, transcode, distribute, transmit, publicly display, publicly perform, communicate, publish, promote, market, create excerpts, thumbnails, and previews from, and otherwise use that User Content as needed to operate, provide, improve, secure, promote, and develop the Service. This license ends within a commercially reasonable time after you delete your User Content or account, except to the extent your content has been shared with others, retained in backups, preserved for legal or safety reasons, or retained as necessary to investigate violations, resolve disputes, enforce agreements, or comply with law.
When you post User Content to areas visible to other users, you also grant those users a non-exclusive, limited license to access and use that User Content as enabled by the functionality of the Service, including to view, interact with, and where enabled by us, share or repost it.
Sports rights and event restrictions
digiYo is a sports-focused service, but unless we expressly state otherwise in writing, the Service does not grant you any rights in league footage, team marks, athlete likenesses, event credentials, statistics feeds, press-box materials, publisher rights, or broadcast rights owned by third parties. You may not use the Service to create paid products or paid viewing experiences from sports content you do not own or control. We may apply blackouts, territorial restrictions, device limits, stream limits, replay limits, age gates, and similar access controls to paid or licensed sports content, and you may not attempt to bypass those restrictions.
Purchases, subscriptions, and paid viewing
The Service may offer one-time purchases, recurring subscriptions, pay-per-view streams, premium community access, paid creator content, digital badges, tips, support items, bundles, replays, and physical products. Prices, availability, billing intervals, taxes, shipping fees, service fees, and promotional terms may change at any time before you complete a purchase. You are responsible for all charges incurred under your account.
By placing an order or activating a paid feature, you authorize digiYo or the applicable merchant, seller, creator, payment processor, or app marketplace to charge your selected payment method for the full amount presented at checkout, including recurring charges where applicable. We may use third-party payment processors and app marketplaces, and purchases may also be subject to their additional terms and billing rules.
For recurring subscriptions and other automatically renewing plans, the material billing terms will be presented to you in the purchase flow. By subscribing, you authorize recurring charges at the stated interval until you cancel. You may cancel through your account settings, app-store subscription controls, or another cancellation mechanism we make available. Unless otherwise stated in a specific offer or required by law, cancellation turns off future renewals and your access continues through the end of the current billing period.
Except as otherwise required by law, expressly promised in an offer, or provided in an applicable refund policy, digital content, paid viewing products, and access entitlements may be non-refundable once access has started, the event has begun, or the digital entitlement has been delivered, and cancellation does not automatically entitle you to a prorated refund for the unused portion of the current billing period. Purchases made through Apple, Google, or another third party may be subject to that third party's refund and billing rules.
We may refuse, limit, condition, or cancel transactions; verify identity, age, territory, or payment methods; place holds; suspend access to paid features; or refuse payouts where we suspect fraud, unauthorized activity, legal risk, sanctions risk, policy violations, chargeback risk, or payment failure.
Virtual items, credits, and promotional balances
The Service may include coins, credits, badges, support items, promotional balances, access tokens, or other digital items. Unless we expressly state otherwise, those items are limited licenses to use certain Service features, have no cash value, are not transferable, are not redeemable outside the Service, and are not your property. We may modify, discontinue, expire, revoke, or limit such items at any time to the extent permitted by law.
Marketplace and seller rules
Some products may be sold directly by digiYo, while others may be sold by third-party sellers, creators, teams, brands, or merchants. Unless we expressly identify ourselves as the seller of record for a listing, digiYo is not the seller of record for third-party items and does not take title to those goods. We may facilitate listings, checkout, messaging, advertising, payment processing, fulfillment support, and dispute handling, but that does not make us the seller of every item listed on the Service.
If you sell through the Service, you agree that you will provide accurate seller identity, payment, tax, and contact information; authorize us to verify information and supporting documentation; comply with product-safety, sanctions, shipping, tax, advertising, consumer-protection, and marketplace laws; provide accurate product descriptions, pricing, availability, shipping commitments, and return terms; fulfill orders in a timely manner; and not list prohibited, infringing, deceptive, counterfeit, stolen, unsafe, or recalled goods.
We may require enhanced seller verification, reserves, delayed settlement, insurance, age-gating, category restrictions, additional disclosures, or listing removal. We may disclose seller information where required by law, court order, regulatory request, payment-network rules, or marketplace obligations.
Creator monetization and advertising disclosures
If you monetize content, sell access to content, receive tips, promote products, or earn money through the Service, you are solely responsible for complying with all applicable laws, regulations, contracts, and platform rules affecting your content and business. You must clearly and conspicuously disclose material connections when promoting products, services, events, teams, athletes, brands, sponsors, or other commercial relationships. You may not mislead users about sponsorships, reviews, claims, or affiliations.
We may set eligibility rules, payout thresholds, reserve periods, content standards, tax-form requirements, account-standing requirements, and other conditions for monetization. Payouts may be reduced or withheld for fees, refunds, reversals, credits, disputes, chargebacks, reserve requirements, fraud losses, taxes, legal compliance, sanctions screening, policy violations, or amounts owed to us.
Copyright, trademark, and rights claims
We respect intellectual property and other rights and expect users to do the same. We may remove or disable access to allegedly infringing content, terminate repeat infringers, reject listings, disable monetization, and comply with applicable rights-enforcement procedures. If you believe content on the Service infringes your rights, you may report it through the tools made available in the Service or by sending written notice to digiYo at 44 Downing Street, Suite 3B, New York, NY 10014. If your content was removed because of a copyright complaint and you believe the removal was mistaken or improper, you may submit a counter-notice or appeal if available under applicable law or our processes.
Moderation, reporting, and safety
We may, but are not obligated to, monitor the Service, review content, investigate reports, and take action against content, conduct, products, or users that we believe violate these Terms, our policies, applicable law, or the rights or safety of others. Enforcement may include warnings, labels, de-ranking, demonetization, age-gating, geo-blocking, content removal, delisting, disabling comments or live chat, cancellation of transactions, suspension of payouts, suspension of accounts, or termination.
If you believe content or conduct violates these Terms or the law, you may report it using the reporting mechanisms in the Service. If we offer an appeal process for a specific enforcement action, you must follow the process and timing described in the Service.
Users may not post, threaten to post, solicit, create, share, or monetize intimate imagery or digitally altered intimate imagery of another person without lawful rights and consent. We may remove such content, preserve evidence, disable accounts, and comply with applicable request and takedown laws.
Privacy and electronic communications
Our collection, use, disclosure, and processing of personal information are described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to receive electronic communications from us, including transactional messages, legal notices, support messages, security alerts, and other account-related communications. You agree that electronic communications satisfy legal requirements for communications in writing to the extent permitted by law.
Third-party services
The Service may contain links to or integrations with third-party services, including app stores, payment processors, shipping providers, creators, sellers, advertisers, analytics vendors, embedded content providers, and infrastructure providers. We do not control third-party services and are not responsible for their content, products, services, policies, or practices unless applicable law states otherwise. Your use of third-party services may be subject to separate agreements with those parties.
Service availability and changes
The Service is dynamic. We do not guarantee that any content, event, product, stream, purchase option, feature, device compatibility, territory availability, or functionality will always be available, accurate, uninterrupted, secure, or error-free. Paid sports content may be unavailable or restricted because of licensing conditions, blackout rules, territorial rights, technical issues, rights-holder decisions, or other reasons. We may update, suspend, or discontinue all or part of the Service at any time.
Disclaimers
To the fullest extent permitted by law, the Service, all content, all listings, all streams, all paid features, and all products made available through the Service are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. digiYo disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, and freedom from viruses or other harmful components. Nothing in these Terms excludes any consumer right or warranty that cannot lawfully be excluded.
Limitation of liability
To the fullest extent permitted by law, digiYo and its affiliates, licensors, service providers, officers, directors, employees, agents, contractors, successors, and assigns will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, or for any loss of profits, revenue, goodwill, data, use, business opportunities, or intangible losses, arising out of or related to the Service, these Terms, your content, your purchases, your sales, or your dealings with any other user, seller, creator, rights holder, team, league, or third party.
To the fullest extent permitted by law, our aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amount you paid directly to digiYo for the particular paid feature, product, or service giving rise to the claim during the 12 months before the event giving rise to the claim, or (b) US$100. If applicable law does not allow some or all of these limitations, they apply only to the extent permitted.
Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless digiYo and its affiliates, licensors, service providers, officers, directors, employees, agents, contractors, successors, and assigns from and against any claims, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use or misuse of the Service, your User Content, your products or listings, your monetization activity, your violation of these Terms, or your violation of any law or the rights of another person or entity.
Suspension and termination
We may suspend, restrict, demonetize, delist, freeze payouts, disable features, remove content, cancel orders, revoke access to paid content, or terminate your account at any time, with or without notice, if we believe you violated these Terms, our policies, or the law; if required for legal, safety, security, payment, or rights-management reasons; if your account creates risk for users or the Service; if your payment methods fail; or if you remain inactive for an extended period. Upon termination, the rights granted to you under these Terms end immediately, but provisions that by their nature should survive termination will survive.
Disputes, arbitration, and class action waiver
To the fullest extent permitted by law, you and digiYo agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, your account, your purchases, your sales, your content, or our relationship will be resolved through binding individual arbitration and not in court, except that either party may bring an individual claim in small claims court if it qualifies.
Before starting arbitration, the complaining party must send the other party a written notice of dispute describing the claim and requested relief. Notices to digiYo must be sent to: digiYo Legal Notices, 44 Downing Street, Suite 3B, New York, NY 10014. If the parties do not resolve the dispute within 45 days after notice is received, either party may start arbitration.
The arbitration will be administered by the American Arbitration Association under its applicable consumer or commercial rules, except as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. Arbitration will be conducted on an individual basis only. You and digiYo each waive any right to participate in a class action, class arbitration, collective action, private attorney general action, or representative action.
You may opt out of this arbitration provision by sending written notice to digiYo at the address above within 30 days after you first accept these Terms. Your opt-out notice must include your full name, username, account email, mailing address, and a clear statement that you want to opt out of arbitration.
Governing law and venue
Except to the extent preempted by the Federal Arbitration Act or otherwise required by law, these Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of New York, without regard to conflict-of-laws principles. If a dispute is not subject to arbitration, exclusive jurisdiction and venue will lie in the state or federal courts located in New York County, New York, and you consent to that jurisdiction and venue.
Changes to these Terms
We may update these Terms from time to time. If we make material changes, we may provide notice by posting the revised Terms in the Service, updating the effective date, and/or providing other notice as required by law. By continuing to use the Service after the updated Terms become effective, you agree to the revised Terms. If you do not agree, you must stop using the Service.
Miscellaneous
These Terms, together with any incorporated policies, purchase terms, and supplemental feature terms, are the entire agreement between you and digiYo regarding the Service and supersede prior or contemporaneous agreements on that subject. If any provision is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law.
Contact
For support, legal notices, or questions about these Terms, contact digiYo through the support methods made available in the Service or by mail at:
digiYo 44 Downing Street, Suite 3B New York, NY 10014 United States