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Terms of Service

Effective Date: June 3, 2025

  • 1. Agreement to Terms

    These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Digital Kitty ("we," "us," or "our"), concerning your access to and use of the digitalkitty.studio website as well as any other:

    • media form,
    • media channel,
    • mobile website, or
    • mobile application related, linked, or otherwise connected thereto

    (collectively, the "Site").

    You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

  • 2. Intellectual Property Rights

    Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

    The Content includes, but is not limited to:

    • all source code,
    • databases,
    • functionality,
    • software,
    • website designs,
    • audio,
    • video,
    • text,
    • photographs, and
    • graphics on the Site.

  • 3. User Representations

    By using the Site, you represent and warrant that:

    • All registration information you submit will be true, accurate, current, and complete.
    • You will maintain the accuracy of such information and promptly update such registration information as necessary.
    • You have the legal capacity and you agree to comply with these Terms.
    • You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
    • You will not access the Site through automated or non-human means, whether through a bot, script or otherwise.
    • You will not use the Site for any illegal or unauthorized purpose.
    • Your use of the Site will not violate any applicable law or regulation.

  • 4. Prohibited Activities

    You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

    As a user of the Site, you agree not to:

    • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
    • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
    • Use a buying agent or purchasing agent to make purchases on the Site.
    • Use the Site to advertise or offer to sell goods and services.
    • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  • 5. Term and Termination

    These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TAKE ACTIONS SUCH AS:

    • DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON.
    • WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

  • 6. Governing Law

    These Terms and your use of the Site are governed by and construed in accordance with the laws of Portuga; applicable to agreements made and to be entirely performed within EU, without regard to its conflict of law principles.

  • 7. Dispute Resolution

    To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to the following dispute resolution process:

    1. Informal Negotiations: The Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
    2. Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. Details of the arbitration process (e.g., AAA, JAMS rules, location) would be specified here.
    3. Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
    4. Exceptions to Informal Negotiations and Arbitration:The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

  • 8. Disclaimer

    The Site is provided on an AS-IS and AS-AVAILABLE basis. You agree that your use of the Site and our services will be at your SOLE RISK.TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site's content or the content of any websites linked to the Site and WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY for any of the following:

    1. Errors, mistakes, or inaccuracies of content and materials,
    2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site,
    3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
    4. Any interruption or cessation of transmission to or from the Site,
    5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or
    6. Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.

  • 9. Limitation of Liability

    IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Such damages may include, but are not limited to:

    • Direct damages,
    • Indirect damages,
    • Consequential damages,
    • Exemplary damages,
    • Incidental damages,
    • Special damages, or
    • Punitive damages.

  • 10. Indemnification

    You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of any of the following:

    1. your use of the Site;
    2. your breach of these Terms;
    3. any breach of your representations and warranties set forth in these Terms;
    4. your violation of the rights of a third party, including but not limited to intellectual property rights; or
    5. any overt harmful act toward any other user of the Site with whom you connected via the Site.

  • 11. Changes to These Terms

    We reserve the right to make changes to these Terms at any time and for any reason. We will alert you about any changes by updating the "Effective Date" of these Terms. You are encouraged to periodically review these Terms to stay informed of updates.

  • 12. Contact Us

    If you have questions or comments about these Terms, please contact us at: