Terms of Service

1. Acceptance, eligibility, and authority

By clicking or selecting a button to proceed to checkout, submitting payment information, completing a purchase or subscription through Stripe Checkout, or otherwise purchasing or using the Services, you affirmatively acknowledge that you have read and agree to be bound by these Terms and acknowledge the Privacy Policy. Completing Stripe Checkout constitutes your electronic acceptance of these Terms, whether or not you create or use an account afterward.

If you complete checkout for an organization, you represent and warrant that you have authority to accept these Terms and incur charges on its behalf. If you do not agree or lack that authority, do not proceed with or complete checkout and do not use the Services.

The Services are offered for business use. You represent that you are at least 18 and have legal capacity to enter this agreement. “Services” includes Digilnk’s websites, console, product resolvers, software, APIs, documentation, and related offerings.

2. Accounts

You must provide accurate information, protect all credentials, use appropriate access controls, and remain responsible for activity under your accounts. Accounts are individual and may not be shared. You must promptly notify support@digilnk.com of suspected compromise. Digilnk may rely on instructions from your administrators and is not liable for actions taken through valid credentials.

3. License and restrictions

Subject to timely payment and compliance with these Terms, Digilnk grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable right during the subscription term to use the Services internally for Customer’s business and to publish authorized product experiences.

You may not: copy, sell, sublicense, rent, or commercially exploit the Services except as expressly authorized; reverse engineer or attempt to discover source code; bypass limits or security controls; scrape or access the Services by unauthorized automated means; interfere with operation or test vulnerabilities without written permission; upload malware; use the Services to build or benchmark a competing product; remove proprietary notices; impersonate others; or use the Services unlawfully. No rights are granted by implication.

4. Customer content and responsibility

As between the parties, Customer retains its rights in content it submits. Customer grants Digilnk and its providers a worldwide, royalty-free license to host, copy, process, transmit, display, modify, and create technical derivatives of that content as needed to operate, secure, improve, and provide the Services.

Customer is solely responsible for the legality, accuracy, completeness, quality, substantiation, approval, and use of Customer content, including product claims, labeling, safety notices, regulated records, destinations, and audience rules. Customer represents it has all necessary rights, notices, consents, and lawful bases. Digilnk does not provide legal, regulatory, medical, quality-system, or compliance advice and does not approve Customer content. Customer must independently validate the Services and outputs for its intended use.

5. Regulated and sensitive information

Customer is solely responsible for determining whether the Services satisfy laws and standards applicable to Customer. References to alignment, workflows, signatures, audit trails, GS1, or regulatory frameworks do not constitute certification or a guarantee of compliance. Customer must not submit protected health information subject to HIPAA unless Digilnk has signed a separate business associate agreement, or other highly sensitive data unless expressly authorized in writing.

6. Fees, taxes, checkout, and renewal

Fees, usage limits, and the subscription term are stated in the applicable order or checkout. By completing Stripe Checkout, Customer electronically accepts these Terms, authorizes Digilnk and Stripe to process the transaction and charge the selected payment method, and confirms that the checkout information is accurate and authorized. A completed checkout creates a binding payment obligation even if Customer does not subsequently activate, access, or use its workspace.

Except where an order states otherwise, subscriptions automatically renew for successive terms of the same length at Digilnk’s then-current rates unless canceled before renewal. Fees are prepaid, non-cancelable, and non-refundable except where required by law. Customer authorizes Digilnk and its payment processor to charge applicable fees and taxes. Overdue amounts may accrue interest at 1.5% per month or the maximum lawful rate, whichever is lower, plus reasonable collection costs. Digilnk may change pricing effective upon renewal with advance notice.

7. Third-party services

The Services may interoperate with or link to third-party products. Digilnk does not control and is not responsible for them, their availability, content, security, or practices. Customer’s use is governed by the third party’s terms. Digilnk is independent from and is not affiliated with or endorsed by GS1.

8. Service changes

Digilnk may add, remove, suspend, modify, or discontinue features or the Services at any time. Digilnk does not guarantee uninterrupted, error-free, secure, or permanently available service and has no obligation to preserve any particular feature, integration, URL, or output. Preview, beta, and evaluation features are provided as-is and may be changed or withdrawn without notice.

9. Suspension and termination

Digilnk may suspend or terminate access immediately if Customer breaches these Terms, fails to pay, creates security or legal risk, threatens the Services or another party, or if required by law. Customer may stop using the Services at any time, but amounts paid are not refundable. Upon termination, licenses end and Customer must stop use. Digilnk may delete Customer content after a reasonable wind-down period unless retention is legally required. Sections intended by their nature to survive—including ownership, payment obligations, disclaimers, indemnity, liability limits, dispute terms, and general provisions—survive.

10. Intellectual property and feedback

Digilnk and its licensors own the Services, software, designs, documentation, improvements, usage data, and all related intellectual-property rights. Customer may provide feedback voluntarily. Customer grants Digilnk a perpetual, irrevocable, worldwide, royalty-free right to use and commercialize feedback without restriction or obligation. Digilnk may use aggregated or de-identified data for any lawful purpose.

11. Confidentiality

Each party will use the other’s nonpublic information only to perform under these Terms and will protect it with reasonable care. These duties do not apply to information lawfully known without restriction, independently developed, publicly available through no breach, or rightfully received from another source. A recipient may disclose information where legally required after giving notice when permitted. Digilnk may disclose Customer information to providers and advisers bound by confidentiality obligations.

12. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DIGILNK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. DIGILNK DOES NOT WARRANT THAT THE SERVICES, CONTENT, SECURITY CONTROLS, ANALYTICS, REGULATED WORKFLOWS, OR OUTPUTS WILL BE ACCURATE, COMPLIANT, COMPLETE, UNINTERRUPTED, OR ERROR-FREE.

13. Indemnification

Customer will defend, indemnify, and hold harmless Digilnk, its affiliates, licensors, providers, and their personnel from claims, damages, losses, penalties, judgments, settlements, costs, and reasonable attorneys’ fees arising from Customer content; Customer’s products, claims, instructions, or use of the Services; breach of these Terms; violation of law or third-party rights; or an act or omission of Customer’s users. Digilnk may control the defense and settlement, and Customer may not settle any claim imposing liability or obligations on Digilnk without written consent.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGILNK AND ITS AFFILIATES, LICENSORS, PROVIDERS, AND PERSONNEL WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, SAVINGS, BUSINESS, GOODWILL, OR DATA; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; OR PRODUCT, REGULATORY, RECALL, LABELING, SAFETY, OR COMPLIANCE LOSSES, EVEN IF ADVISED OF THEIR POSSIBILITY.

THEIR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE FEES CUSTOMER ACTUALLY PAID TO DIGILNK FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE THREE MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY or US $100, WHICHEVER IS GREATER. These limits apply to all theories and even if a remedy fails its essential purpose. Some jurisdictions do not permit certain exclusions, so those exclusions apply only to the extent permitted.

15. Release

To the maximum extent permitted by law, Customer releases Digilnk from claims arising from disputes between Customer and its users, customers, suppliers, regulators, or third parties; third-party content or services; and Customer’s product content or decisions. If California Civil Code section 1542 applies, Customer waives it and any similar law concerning unknown claims.

16. Disputes; arbitration; class waiver

Before filing a claim, a party must send written notice to the other and attempt in good faith to resolve the dispute for 30 days. Notices to Digilnk must be sent to support@digilnk.com.

Except for small-claims matters or requests for injunctive relief concerning intellectual property, security, or unauthorized access, any dispute will be resolved by confidential, binding, individual arbitration under the Federal Arbitration Act and the American Arbitration Association Commercial Arbitration Rules. Arbitration will occur remotely or in Lorain County, Ohio, unless the parties agree otherwise or the arbitrator requires another location. Claims may be brought only individually, not as a plaintiff or class member in any class, collective, consolidated, representative, or private-attorney-general proceeding. A court, not an arbitrator, decides disputes about this class waiver.

You may opt out of arbitration by emailing us within 30 days after first accepting these Terms with your name, organization, account email, and an unequivocal request to opt out. If arbitration is inapplicable or unenforceable, exclusive jurisdiction and venue lie in the state courts located in Lorain County, Ohio, and the United States District Court for the Northern District of Ohio, as applicable, and each party waives jury trial to the extent permitted by law.

17. Governing law

Ohio law governs these Terms, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Claims must be brought within one year after they arise, except where law prohibits shortening the period.

18. Changes

Digilnk may modify these Terms by posting an updated version. Material changes take effect on the stated date and, where required, after notice. Continued use after that date constitutes acceptance. If Customer objects, its exclusive remedy is to stop using the Services before the changes take effect.

19. General

Customer may not assign these Terms without Digilnk’s written consent. Digilnk may assign them freely, including in connection with a reorganization or transaction. Digilnk is not liable for delay or failure caused by events beyond its reasonable control. The parties are independent contractors; no agency, partnership, fiduciary, employment, or third-party-beneficiary relationship exists. Failure to enforce a term is not a waiver. If a term is unenforceable, it will be modified to the minimum extent necessary and the remainder remains effective. These Terms and any order are the complete agreement about the Services; an order controls only where it expressly identifies a conflicting provision. Headings are for convenience. Electronic notices and signatures satisfy writing requirements.

20. Contact

Legal notices, questions, and support requests may be sent to Pream AI, LLC, doing business as Digilnk, at support@digilnk.com.