These Terms of Service (“Terms”) govern your access to and use of the Digitopia Marketing platform and services (the “Service”), including our AI creative tools and our Social Scheduler that publishes to connected platforms such as Meta (Facebook and Instagram) and TikTok. By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Who we are
The Service is provided by Digitopia Marketing (“Digitopia,” “we,” “us,” or “our”). You can reach us at info@digitopia.marketing. These Terms work together with our Privacy Policy, which explains how we handle your data.
2. The Service
Digitopia provides tools to (a) generate marketing assets using artificial intelligence, and (b) schedule and publish content to social-media platforms you connect. Publishing is performed through the official APIs of those platforms. We may add, change, or remove features at any time.
3. Accounts & your responsibilities
- You must provide accurate, current information when you register and keep it up to date.
- You are responsible for safeguarding your account credentials and for all activity under your account.
- You must use the Service only for lawful purposes and in compliance with these Terms and all applicable laws.
- You represent and warrant that you own, or have all necessary rights, licenses, and permissions to use and publish any content (including images, video, text, logos, and brand assets) you upload to or publish through the Service, and that such content does not infringe the rights of any third party.
4. Acceptable use
You agree not to use the Service to create, upload, schedule, or publish any content, or to take any action, that:
- is illegal, fraudulent, deceptive, harassing, hateful, or otherwise harmful;
- infringes or misappropriates any intellectual-property, privacy, or other rights;
- contains malware or attempts to disrupt, probe, or gain unauthorized access to the Service or any connected platform;
- violates the terms, policies, or community guidelines of any connected platform.
Platform compliance. When you publish to a connected platform, you must also comply with that platform’s own terms and policies — including the Meta Terms and Community Standards and the TikTok Terms of Service and Community Guidelines. You are responsible for ensuring your content and conduct meet those requirements. Platforms may independently review, restrict, or remove content, and may suspend accounts, at their discretion.
5. Social platform connections
When you connect a social account (for example, Facebook, Instagram, or TikTok), you authorize Digitopia to access that account and to schedule and publish content on your behalf through the platform’s official API, solely to provide the features you request. You are responsible for the content you choose to publish and its timing. You may disconnect any connected account at any time from within the Service, which revokes our access to it. We do not guarantee that any platform will accept, deliver, or keep any post, and platform availability and API behavior are outside our control.
6. Intellectual property
Your content stays yours. You retain all ownership of the content you upload and the content you create and publish through the Service. You grant Digitopia a limited, non-exclusive license to host, process, transmit, and display that content only as needed to operate the Service and to publish it to the platforms you direct.
Our platform stays ours. The Service itself — including our software, models, interfaces, designs, trademarks, and all related intellectual property — is owned by Digitopia or our licensors and is protected by law. Except for the rights expressly granted to you to use the Service, no other rights are transferred.
7. Disclaimers
The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any connected platform will be available or will publish, deliver, or retain your content. AI-generated outputs may be inaccurate or unsuitable; you are responsible for reviewing all content before you publish it.
8. Limitation of liability
To the maximum extent permitted by law, Digitopia and its owners, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to your use of (or inability to use) the Service, even if advised of the possibility of such damages. To the maximum extent permitted by law, our total liability for any claim relating to the Service will not exceed the greater of (a) the amounts you paid us for the Service in the three (3) months before the event giving rise to the claim, or (b) CAD $100.
9. Termination
You may stop using the Service and delete your account at any time (see the Privacy Policy for data deletion). We may suspend or terminate your access, with or without notice, if you breach these Terms, use the Service unlawfully, or create risk or legal exposure for us or others. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and governing law — will survive.
10. Governing law
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. You agree to the exclusive jurisdiction of the courts located in Ontario, Canada for any dispute arising out of or relating to these Terms or the Service, except where applicable law requires otherwise.
11. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the “last updated” date above and, where appropriate, notify you. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
12. Contact us
Digitopia Marketing
Email: info@digitopia.marketing
Website: https://www.digitopia.marketing