Effective Date: [January 2025]

Welcome to Digital First AI! These Terms and Conditions ("Terms") govern your access to and use of the services, platform, website (https://digitalfirst.ai), and software (collectively, the "Service") provided by DigitalFirst.AI Sp. z o.o., located at Al. Piłsudskiego 17/4, 35-074 Rzeszów, Poland ("Digital First AI," "We," "Us," "Our").

Please read these Terms carefully. By accessing or using Our Service, whether as a visitor or a registered user ("User," "You," "Your," "Customer"), You signify Your agreement to be bound by these Terms. If You do not agree to these Terms, You must not access or use Our Service.

1. Definitions

• "Service": Refers to the comprehensive suite of marketing, AI analysis, strategy tools, features, content, and resources provided by Digital First AI, including Our website, platform, and any associated software or APIs.

• "User Content": Any data, text, images, videos, advertisements, prompts, instructions, briefs, AI Workflows, or other materials that You upload, submit, post, create, or otherwise make available on or through the Service.

• "AI-Generated Material": Any concepts, text, graphics, strategies, or other content generated by the AI components of Our Service based on Your creative input and use of the Service.

• "Subscription": The plan You select that determines Your access level to features and resources of the Service, subject to recurring fees.

• "Account": The account You create to access and use the Service.

• "Data Room": A feature within the Service allowing for the storage and management of User Content in an isolated and private environment.

• "AI Workflow": A template, sequence of prompts, or methodology created by a User, designed to be executed within the Service to achieve a specific marketing outcome.

2. Acceptance of Terms

Your access to and use of Our Service constitutes Your full acceptance of and agreement to comply with these Terms, including any future modifications We may make. If You are using the Service on behalf of an organization, You are agreeing to these Terms for that organization and warranting that You have the authority to bind that organization to these Terms.

3. Description of Service

Digital First AI provides a SaaS platform with a suite of AI-powered marketing, analysis, and strategy tools designed to help You create, plan, and execute digital marketing efforts. Access to these tools is typically provided on a subscription basis. Specific features and functionalities may vary depending on Your Subscription level.

4. Subscription and Payment
   
   

• Subscription Plans: We offer various Subscription plans. Details of each plan, including features and pricing, are available on Our website or at the point of registration/upgrade.

• Billing: You will be billed in advance on a recurring and periodic basis (e.g., monthly, annually) according to Your chosen Subscription. Your Subscription will automatically renew at the end of each billing cycle unless You cancel it.

• Cancellation: You can cancel Your Subscription at any time through Your account dashboard's billing management page or by contacting Us at hello@digitalfirst.ai. Your cancellation will take effect at the end of the current paid billing cycle, and Your Subscription will remain active until then. No refunds or credits will be provided for partial subscription periods or unused services, except as explicitly stated in Our Refund Policy.

• Refund Policy: For detailed information on refunds, please refer to Our Refund Policy available at https://www.digitalfirst.ai/refund-policy.

• Changes to Fees: We may update our Subscription fees from time to time. When we do, we aim to provide You with reasonable prior notice — typically at least 30 days — before any new fees apply to future billing cycles. Continued use of the Service after such changes implies acceptance of the updated pricing.

5. User Accounts and Responsibilities
   
   

• Account Creation: You must provide accurate, current, and complete information during the registration process and keep Your Account information updated.

• Account Security: You are responsible for safeguarding Your Account password and for all activities that occur under Your Account. You agree to notify Us immediately of any unauthorized use of Your Account or any other breach of security. We are not liable for any loss or damage arising from Your failure to comply with this security obligation.

• Authorized Users: If You are an organization, You are responsible for Your authorized users' compliance with these Terms.

6. Intellectual Property Rights
   
   

• Our Intellectual Property:

  • All content, features, and functionality on Our Service, including but not limited to information, software, text, graphics, logos, images, as well as their selection and arrangement, and the underlying AI models and algorithms (excluding User Content and AI-Generated Material as defined below), are the exclusive property of Digital First AI, Our licensors, or other providers of such material. These are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

  • You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms and Your Subscription.

  • Third-party trademarks, logos, and brand names displayed on the platform are the property of their respective owners. Use of them does not imply any affiliation with or endorsement by them.

• User Content:

  • You retain all ownership rights to Your User Content.

  • By uploading or providing User Content to the Service, You authorize Digital First AI to process such content, including reproducing, modifying (for example, formatting for display purposes or enabling AI analysis upon User's request), and storing it, solely to the extent necessary to provide, maintain, and improve the Service for User and fulfill Digital First AI's obligations under these Terms. Digital First AI does not claim any ownership rights in User Content, and this authorization does not constitute granting of a license or any transfer of intellectual property rights.

  • Data Room Content: User Content uploaded to Your private Data Room will be kept isolated and will not be used to train any external Large Language Models (LLMs) or AI models integrated with the platform, nor will it be accessible to other users' accounts.

  • Publicly Shared AI Workflows: If You choose to create and share User Content in the form of AI Workflows (e.g., templates, sequences of prompts, or methodologies) in designated public areas or libraries of Our Service, You grant Us a royalty-free, perpetual, irrevocable, non-exclusive right and license to host, publish, display, and make available such publicly shared AI Workflows (in whole or part) worldwide, primarily for other users of the Service to access and utilize. This license includes the right for Us to reproduce and make minor adaptations to such AI Workflows as technically necessary to ensure their functionality, display, and distribution within the Service. The purpose of this license is to operate the Service effectively, enable the sharing and utilization of these AI Workflows by other users within Our community, promote the Service, and foster knowledge sharing. You understand that Your first name, last name, and avatar may be displayed as the author of such public AI Workflows, based on Your consent, which You can withdraw as described in Section 7.

• AI-Generated Material:

  • You own the AI-Generated Material You create using the Service, provided Your input (e.g., prompts, instructions, briefs, creative decisions, selections, modifications) is sufficiently original and creative to qualify for copyright protection under applicable law.

  • The Service acts as a tool to assist Your creative process. Your active and creative role in defining the concept, issuing specific commands, making creative choices, and refining outputs is essential for establishing Your authorship.

  • To the fullest extent permitted by law, Digital First AI hereby assigns to You all rights, title, and interest it might otherwise have in any AI-Generated Material that is copyrightable and results from Your creative use of the Service.

  • You are responsible for ensuring that Your use of AI-Generated Material complies with applicable laws and does not infringe third-party rights.

7. Use of User's Details for Publicly Shared AI Workflows
   
   

• If You choose to share Your AI Workflows publicly within Our Service, We may display Your first name, last name, and avatar as the author or contributor of such AI Workflows. This is based on Your explicit consent, typically given at the time of sharing or through Your profile settings.

• You have the right to withdraw this consent at any time. You can do this by changing Your sharing settings for the specific AI Workflow (if such functionality exists), adjusting Your profile settings, deleting Your account (via Your account dashboard or by contacting Us), or by requesting the removal of Your details from the public display associated with the AI Workflow. Upon such request, We will endeavor to promptly remove Your personal attribution from public view, though the AI Workflow itself (if shared under the license terms in Section 6) may remain available as an anonymized or system-attributed resource.

• The sharing of data with third-party platforms for collaborative purposes or enhanced user experience will only occur with Your explicit consent or where strictly necessary for providing the Service and compliant with Our Privacy Policy and data protection laws.

8. Data Privacy and Security
   
   

• Privacy Policy: Your privacy is critically important to Us. Our collection and use of Your personal data in connection with Your access to and use of the Service is described in Our Privacy Policy, which is an integral part of these Terms and can be found at https://www.digitalfirst.ai/legal/privacy. Please review it carefully.

• Data Security: We are committed to protecting the security of Your data. We implement and maintain robust technical and organizational measures designed to protect Your data against unauthorized access, loss, destruction, or alteration. These measures include:

  • Authentication and Authorization: Compliance with OAuth 2.0, Multi-Factor Authentication (MFA) options, Role-Based Access Control (RBAC), and full auditing capabilities for account activities.

  • Data Encryption and Security: SSL/TLS encryption for data in transit, adherence to a Zero-Trust architecture philosophy, and use of ephemeral tokens where appropriate.

  • Data Center Security: Our data centers (e.g., via AWS) employ physical security, environmental controls, and use services like AWS Fargate for secure container management, which includes automated patching.

  • GenAI Data Protection: Our Generative AI (GenAI) models are accessed through APIs. Your User Content is not used to train any third-party AI models. Your data remains private and is processed solely to provide You with the Service.

  • Data Room Security: Each Data Room is fully isolated at all levels, including files and indexes, ensuring customer data segregation and preventing cross-access.

  • Data Tracking and Removal: We track data relationships to facilitate the complete removal of customer data upon request or account deletion.

  • Data Protection by Design: We do not train Our core platform or external models on Your private User Content or AI-Generated Material. Your workflows and methodologies (unless publicly shared by You as AI Workflows) remain Your intellectual property and are not shared with or accessible to other users. Assets created are confined within Your workspace.

  • Security Audits and Development: We conduct regular internal security audits and incorporate risk management and security assessments into Our software development lifecycle (SDLC).

9. User Conduct and Acceptable Use
   
   

You agree not to use the Service to:

• Upload, post, or transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

• Infringe upon or violate the intellectual property rights of Digital First AI or any third party.

• Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

• Transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

• Interfere with or disrupt the Service or servers or networks connected to the Service.

• Violate any applicable local, state, national, or international law.

We reserve the right to terminate Your access for violating these provisions.

10. Third-Party Services and APIs
    
    

• Our Service may integrate with or allow You to access third-party services, websites, APIs, and partner integrations (e.g., LLM providers, payment processors, analytics services) ("Third-Party Services").

• These Third-Party Services are not under Our control, and We are not responsible for their content, functionality, security, privacy policies, or practices. Your use of Third-Party Services is at Your own risk and subject to the terms and conditions of those third parties.

• When We share Your data with Third-Party Services (e.g., to process a payment or to leverage an AI model via API for generating content You requested), We do so only as necessary to provide the Service. We share data with partners who operate under robust data protection protocols. However, if these partners have direct contracts with You, their privacy policies may also govern Your data.

11. Warranties and Disclaimers
    
    

• THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL FIRST AI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

• WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE (INCLUDING AI-GENERATED MATERIAL) WILL BE ACCURATE, RELIABLE, COMPLETE, OR SUITABLE FOR YOUR PURPOSES; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

• DIGITAL FIRST AI WARRANTS THAT: (I) THE SERVICE AND AI-GENERATED MATERIAL (TO THE EXTENT IT CONTROLS THE UNDERLYING MODELS) WILL NOT KNOWINGLY CONTAIN OR TRANSMIT TO YOU ANY VIRUS, TROJAN HORSE, WORM, OR OTHER SIMILAR HARMFUL OR MALICIOUS CODE; (II) THE SERVICE DOES NOT USE YOUR PRIVATE USER CONTENT OR AI-GENERATED MATERIAL TO TRAIN, RETRAIN, OR IMPROVE THIRD-PARTY SERVICES OR OUR OWN CORE MODELS WITHOUT YOUR EXPLICIT CONSENT FOR SUCH SPECIFIC PURPOSE; (III) IT WILL COMPLY WITH APPLICABLE DATA PROTECTION LAWS AS OUTLINED IN OUR PRIVACY POLICY.

12. Limitation of Liability
    
    

• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGITAL FIRST AI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT (INCLUDING USER CONTENT OR AI-GENERATED MATERIAL) OBTAINED FROM THE SERVICE; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

• IN NO EVENT SHALL DIGITAL FIRST AI’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD 100.00) OR (B) THE TOTAL AMOUNT PAID BY YOU TO DIGITAL FIRST AI FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification
    
    

You agree to defend, indemnify, and hold harmless Digital First AI, its affiliates, licensors, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Your violation of these Terms or Your use of the Service, including, but not limited to, Your User Content, any use of AI-Generated Material, and any use of the Service's content, services, and products other than as expressly authorized in these Terms.

14. Modification of 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 provide at least 30 days' notice prior to any new terms taking effect, typically by posting on Our website or sending an email to Your registered email address. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms.

15. Termination
    
    

• By You: You may terminate Your Account and these Terms at any time by canceling Your Subscription and ceasing to use the Service.

• By Us: We may suspend or terminate Your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, if We believe, in Our sole discretion, that You have violated these Terms or engaged in activity that is harmful to Us, the Service, or other users.

• Effect of Termination: Upon termination, Your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. We may delete Your User Content upon termination, though We may retain certain data as required by law or for legitimate business purposes as outlined in Our Privacy Policy.

16. Governing Law and Dispute Resolution
    
    

• These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.

• Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by the competent courts in Rzeszów, Poland, unless otherwise required by mandatory law in Your jurisdiction (e.g., for consumers in the EU).

• EU Consumers: If You are a consumer based in the European Union, You may also benefit from the mandatory provisions of the law of the country in which You reside and may be able to reniefer a dispute to the European Commission’s Online Dispute Resolution Platform (ODR Platform).

17. Miscellaneous
    
    

• Entire Agreement: These Terms, together with Our Privacy Policy and any other legal notices published by Us on the Service (such as the Refund Policy), constitute the entire agreement between You and Digital First AI concerning the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

• 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.

• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

• Assignment: You may not assign Your rights or obligations under these Terms without Our prior written consent. We may assign Our rights and obligations under these Terms without restriction.

• Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Us via email (to the address that You provide) or by posting to the Service.

18. Contact Information
    
    

If You have any questions about these Terms, please contact Us at: DigitalFirst.AI Sp. z o.o.Al. Piłsudskiego 17/4, 35-074 Rzeszów, Poland Email: hello@digitalfirst.ai