Digital Culturist Terms of Service

These Terms of Service (“Terms”) are made and entered into by and between you (“User”) and Hook and Anchor Media ("Company," "we," "us," or "our"). These Terms govern your access to and use of Digital Culturist (“DC”), including all associated websites and services (collectively, the “Services”), available at https://digitalculturist.ai/.

By using or accessing our Service, you agree to comply with and be legally bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you disagree with any part of these Terms, you may not access or use our Services. You may not access or use the Services for any purpose other than that for which we make the Services available.

The Services are intended for users who are at least 18 years old, and are not directed to anyone under 18. By using the Services, you represent that you are at least 18 years old.

1. Modifications to the Terms and Updates to the Services

1.1 Modifications to Terms

We reserve the right to modify these Terms at any time. The latest version will be indicated by an updated "Updated on" date and will be effective immediately upon posting. For significant changes, we will notify you either by prominently posting within the Service or through a direct notification. Your continued use of the Service after changes become effective constitutes your acceptance of the new Terms.

1.2 Updates to the Services

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

2. User Registration

You may be required to create an account to access features of the Service. You agree to provide accurate, complete, and up-to-date information during the registration process and to update such information as necessary. When creating or updating your account, we may request additional profile information such as your role, usage preferences, and how you discovered our Services to enhance your experience.

You are solely responsible for maintaining the confidentiality of your account login details and for all activities that occur under your account. We are not responsible for any unauthorized use of your account.

3. Use of the Service

You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Services subject to these Terms. You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws;
• Attempt to access any restricted areas of the Service without permission;
• Reverse-engineer, decompile, or disassemble any aspect of the Service.

We reserve the right to revoke your access to the Service if you violate these Terms.

4. Intellectual Property Rights

4.1 Our intellectual property

All content, software, and materials available on the Service, including but not limited to text, graphics, logos, icons, images, and software code (collectively, the "Content"), are the exclusive property of the Company or our licensors and are protected by intellectual property laws. You may not use, modify, or distribute any Content without prior written consent from us.

5. User Content, Third-Party Services, and Integrations

5.1 User Content

We do not claim ownership of the materials and/or contributions you submit or make available on the Service. However, by submitting or posting such contributions on areas of the Service that are accessible by the public or other users with whom you consent to share such content, you grant us a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such contributions on the Services solely for the purpose for which such contributions was submitted or made available, without any compensation or obligation to you.

You agree that any contributions submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such contributions on areas of the Service that are accessible by the public or other users, you represent that you are the owner of such material and/or have all necessary rights, licenses, and authorizations to distribute it.

If you provide Feedback to us (through the Services or otherwise) regarding any materials, we may use that Feedback in accordance with Section 5.4 (Feedback).

5.2 Compliance with External Policies and Third-Party Services

By using our Services, Users agree to adhere to all applicable policies, including any external guidelines essential for maintaining the integrity, safety, and compliance of the Services. This includes compliance with third-party policies where links to or use of external services exist. Failure to comply with these policies (including abusive or harassing actions) may lead to prompt logging for review and potential investigation to ensure adherence to our Terms and any applicable external requirements.

Furthermore, we may incorporate links to or make use of third-party services not owned or controlled by us. We do not take responsibility for the content, privacy practices, or operational policies of these third-party services. By using our Services, you acknowledge that any loss or damage arising from the use of such external services is not within our liability.

5.3 Feedback

We appreciate feedback, including ideas and suggestions for improvement or reporting concerns about an Output in response to an Input (“Feedback”). If you report an Output in response to an Input, we may store the related conversation as part of your Feedback. You have no obligation to give us Feedback, but if you do, you agree that we may use the Feedback however we choose without any obligation or other payment to you.

6. Ownership, Commercial Use, and Third-Party Materials

6.1 Ownership of Generated Content

You retain full ownership of any text, summaries, and visuals (“User-Content”) you create through your use of the Services, subject to our Terms.

6.2 Third-Party Assets

Some features may allow you to include third-party assets, such as images or icons from providers and licensed libraries. These materials remain the property of their original copyright holders and are governed by their respective license terms. You are responsible for ensuring your use of such assets complies with those licenses.

6.3 Use of User-Content

All Users are granted a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute their User-Content for both personal and commercial purposes.

6.4 Restrictions

You may not:

• Resell, sublicense, or redistribute any User-Content as-is or in a manner that competes with the Services;
• Use the Services, or systematically extract data from the Services, to develop, train, or improve a competing AI model or similar product that competes with the Services;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices included within the platform or exported files; or
• Violate the license terms of any third-party assets incorporated into your User-Content.

6.5 No Warranty of Third-Party Rights

While you own your User-Content, you are solely responsible for ensuring that its use or distribution does not infringe any third-party intellectual-property, privacy, or data-protection rights. We make no warranty that any User-Content or incorporated materials are free of third-party claims.

6.6 Copyright Infringement

We respect the intellectual property rights of others. You may not upload, process, or distribute copyrighted, paid, or proprietary works unless you own the rights or have explicit authorization from the rights holder. Unauthorized use of such materials is a violation of these Terms and may result in account termination.

If you believe that any material available on or through the Services infringes upon any copyright you own or control, please notify us at carissa@digitalculturist.ai (a "Notification"). Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

6.7 Attribution

Attribution is not required for commercial or non-commercial use of User-Content, though credit such as “Created with Digital Culturist” is appreciated where practical.

7. Purchases and Payments

7.1 Fees

We offer paid subscription plans. By purchasing a subscription, you agree to pay all applicable fees based on your chosen plan. Payments for our Services must be made with accurate and up-to-date payment information. We reserve the right to change subscription fees or billing methods. We will notify you of any fee change in advance as described in Section 7.3, and any change will apply only to subsequent billing periods.

7.2 Payment Method

Payments are processed through Stripe, and by using our Services, you agree to Stripe’s Terms of Service. Your payment information is processed by Stripe, and we do not retain any sensitive payment data. When you make a purchase, you authorize us, or our third-party payment processor, to charge your payment method for all due fees.

7.3 Subscriptions

Your subscription renews automatically for successive terms (monthly or annual, per your plan) at the then-current rate until you cancel. Before charging you, we obtain your express affirmative consent to these renewal terms, separately from the rest of your purchase, and keep a record of it as required by law. Unless you cancel at least 24 hours before your current term ends, the payment method on file will be charged.

We will send an annual reminder identifying your subscription, the charge amount and frequency, and how to cancel. For annual (or longer) plans, we will also give renewal notice 15–45 days beforehand, and we will notify you of any fee change 7–30 days before it takes effect, applying only to future terms. If payment fails, we may suspend or terminate paid access until it is resolved. You may cancel anytime under Section 7.4.

7.4 Subscription Cancellations

You may cancel your subscription at any time via your account settings or by contacting our support team. Upon cancellation, your subscription will remain active through the end of the current billing period, after which it will not renew and you will lose access to paid features.

7.5 Refund Policy

Payments may be eligible for a refund if requested within 7 days of purchase. To request a refund, contact our support team at carissa@digitalculturist.ai; eligibility is based on the time your request is received. Approved refunds will be processed within 5 to 10 business days to your original payment method. Upon issuance of a refund, your access to the associated plan will be immediately revoked and any remaining credits forfeited.

8. Third-Party Websites and Content

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms may no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

9. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who violates these Terms and any applicable laws, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

10. Term and Termination

10.1 Term

These Terms take effect from the moment you first access or use the Services and remain in full force while you continue using the Services. The Terms will remain active until your account is either deleted or terminated by you or us.

10.2 Termination

We reserve the right to suspend or terminate your access to the Services at any time, without prior notice, due to unforeseen circumstances, compliance with legal requirements, or at our discretion. In cases where necessary for service integrity or security, we may terminate accounts without providing explicit reasons.

However, users may contact support for general information about terminations. You acknowledge that the decision to terminate services is solely at our discretion, and we bear no liability for any such actions.

10.2.1 User-Initiated Termination

You may also choose to terminate your use of the Services by deleting your account. To do this, go to your profile settings, select "Delete account," and confirm by providing your email address. Once confirmed, we will delete or anonymize your data in accordance with our Privacy Policy and legal requirements.

10.3 Effect of Termination

Upon termination, you must immediately cease using the Services. We may promptly delete your account, password, and any related information or content from our systems without further notice. We assume no responsibility for any loss of data resulting from the termination. Additionally, if your account is terminated for a violation of these Terms or any other reason, you are prohibited from re-registering or accessing the Services through any alternative means.

11. Governing Law

These Terms and any disputes arising out of or related to them will be governed by the laws of the State of California, without regard to its conflict of law principles. However, we recognize that consumers in other jurisdictions may have mandatory rights under their local laws. In such cases, these Terms will be governed by the laws of California to the extent permissible.

Any legal actions or proceedings arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in the State of California, and you consent to the jurisdiction of such courts.

12. Dispute Resolution

12.1 Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least forty five (45) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

12.2 Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by confidential binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los Angeles, California.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Los Angeles, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

12.3 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.

13. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

14. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We disclaim all warranties, 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 the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

15. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any 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 Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the three (3) month period prior to any cause of action arising. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

16. 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: (1) your contributions; (2) your User-Content (3) use of the Services; (4) breach of these Terms; (5) any breach of your obligations set forth in these Terms; (6) your violation of the rights of a third party, including but not limited to intellectual property rights; or (7) any overt harmful act toward any other user of the Services with whom you connected via the Services.

17. Miscellaneous

These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be void or unenforceable, that provision or part of the provision is severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

18. Contact Us

Hook and Anchor Media
453 S Spring Street
Ste 400 PMB1625
Los Angeles, CA 90013
United States
carissa@digitalculturist.ai