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Terms of Service

TERMS OF SERVICE

Last Updated: February 26, 2026

These Terms of Service (the "Terms") are a legally binding agreement between you ("you," "your," or "User") and Proxima Market LLC ("DigitivaHub," "we," "us," or "our") governing your access to and use of the DigitivaHub website at https://digitivahub.com and any related pages, features, tools, content, and services (collectively, the "Services").

By accessing or using the Services, creating an account, placing an order, listing a product, or otherwise using the Services, you acknowledge that you have read, understand, and agree to be bound by these Terms.

If you do not agree, do not access or use the Services.

1. Definitions

TermDefinition
BuyerA User who purchases or seeks to purchase Digital Products through the Services
VendorA third-party seller who lists, sells, licenses, and/or delivers Digital Products through the Services
Digital Product(s)Digital goods, digital content, and/or digital services offered by Vendors through the Services
TransactionAny interaction between a Buyer and a Vendor facilitated by the Services (including ordering, payment processing, delivery, support, disputes, refunds, and chargebacks)
PoliciesAny policies incorporated by reference, including the Privacy Policy, Refund Policy, Vendor Terms, Affiliate Program Terms, and Copyright/DMCA Policy

2. Eligibility and Account Requirements

To use the Services, you must:

  • Be at least 18 years old (or the age of majority in your jurisdiction)
  • Provide accurate, current, and complete information
  • Maintain the security of your account credentials
  • Promptly notify us of suspected unauthorized access

You are responsible for all activity under your account.

3. DigitivaHub's Role

We Are a Venue, Not the Seller

DigitivaHub provides the Services as a technology platform and marketplace venue that enables Vendors to offer Digital Products and Buyers to purchase them.

Key points:

  • Vendors are always the seller/merchant of record for Vendor Digital Products
  • DigitivaHub is not a party to the Vendor–Buyer contract
  • We disclaim responsibility for Vendor performance, Digital Product quality, legality, or suitability
  • Nothing in these Terms creates an agency, partnership, joint venture, employment, or franchise relationship between DigitivaHub and any User

4. Content and Listings

Vendor and User Responsibilities:

  • Vendors and Users are solely responsible for their Content, including:

    • Accuracy and completeness
    • Required disclosures
    • Compliance with law and third-party rights

No Endorsement:

  • DigitivaHub does not endorse, verify, or warrant any Vendor or Digital Product
  • Any reliance on Content is at your own risk

5. Orders, Delivery, and Digital Access

Payment Processing

  • Payments are processed through third-party payment providers
  • You authorize charges presented at checkout

Digital Product Delivery

  • DigitivaHub may provide features enabling access to downloadable Digital Products (e.g., downloads area or download links)
  • All delivery, licensing, updates, compatibility, and support obligations are the Vendor's responsibility unless expressly stated otherwise in writing

EU/UK Digital Content Notice

Where applicable, by placing an order for Digital Products delivered immediately, you:

  • (a) Request immediate performance, and
  • (b) Acknowledge that you may lose any statutory withdrawal right once download/access begins, to the extent permitted by law and disclosed at checkout

6. Fraud Prevention and Security

Protective Measures:

DigitivaHub may implement fraud, security, and risk controls, including:

  • Verification requests
  • Feature restrictions
  • Transaction screening
  • Temporary holds

We may refuse, cancel, or limit Transactions where we reasonably suspect fraud, policy abuse, or unlawful activity.

7. Refunds, Chargebacks, and Disputes

Refund Policy

Refund eligibility and procedures are governed by the Refund Policy and/or applicable Vendor policies, as presented at the time of purchase.

Chargeback Rules

You agree to:

  • Not initiate a chargeback fraudulently or in bad faith
  • Cooperate with reasonable requests for information in connection with disputes and investigations

DigitivaHub may suspend or restrict accounts for excessive disputes, suspected fraud, or abuse of refunds/chargebacks.

8. Acceptable Use

You may not:

  • Violate any law
  • Infringe intellectual property or other rights
  • Upload malware or attempt unauthorized access
  • Scrape, reverse engineer, or circumvent security measures
  • Interfere with the Services or evade enforcement
  • Manipulate reviews or ratings
  • Engage in deceptive, fraudulent, or abusive conduct

Enforcement:
DigitivaHub may remove Content, delist products, restrict features, and suspend or terminate accounts in its sole discretion.

9. Intellectual Property

Platform Ownership:

  • The Services and DigitivaHub-provided Content (excluding Vendor/User Content) are owned by or licensed to DigitivaHub
  • Protected by applicable intellectual property laws

Your License:

  • You receive only a limited, revocable, non-exclusive, non-transferable license to use the Services in accordance with these Terms
  • No other rights are granted

10. Copyright and DMCA

Copyright Respect

DigitivaHub respects intellectual property rights and will respond to notices of alleged infringement in accordance with applicable law.

Filing a DMCA Notice

If you believe Content on the Services infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act (DMCA) to our designated agent, as set forth in our Copyright/DMCA Policy.

Repeat Infringer Policy

DigitivaHub may terminate accounts of Users who are repeat infringers or who repeatedly submit infringing Content, in its discretion and as required to maintain DMCA safe-harbor protections.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITIVAHUB DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, AND STATUTORY), INCLUDING:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • TITLE
  • NON-INFRINGEMENT

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free.

12. Limitation of Liability

No Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITIVAHUB WILL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, exemplary, or punitive damages
  • Loss of profits, revenue, data, or goodwill

Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITIVAHUB'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED:

The greater of:

  • Amounts paid by you to DigitivaHub (if any) for use of the Services in the 12 months before the event giving rise to the claim, or
  • USD $100

13. Indemnification

You agree to defend, indemnify, and hold harmless DigitivaHub and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of the Services
  • Your Content
  • Your Transactions
  • Your violation of these Terms or applicable law

14. Account Suspension and Termination

DigitivaHub may suspend, restrict, or terminate access to the Services or any account at any time for:

  • Suspected violations of these Terms
  • Risk mitigation
  • Compliance with legal obligations
  • Protection of the Services, Users, and payment partners

Law Enforcement Cooperation:
DigitivaHub may cooperate with law enforcement and comply with legal requests where required, consistent with the Privacy Policy.

15. Changes to Terms and Services

Updates:

  • We may modify the Services and update these Terms by posting revised Terms on the Services
  • Continued use after the effective date constitutes acceptance of the updated Terms

16. Governing Law

These Terms and any dispute arising out of or relating to the Services are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles.

17. Dispute Resolution

⚠️ NOTICE: THIS SECTION AFFECTS YOUR LEGAL RIGHTS

Binding Arbitration:

Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis, and not in any class, collective, or representative proceeding.

Arbitration Terms

ElementDetails
AdministratorAmerican Arbitration Association (AAA)
Seat/VenueSheridan County, Wyoming
RulesAAA Consumer Arbitration Rules
Notice ProcedureWritten notice to the address in Section 19
Small ClaimsYou may pursue disputes in small claims court where eligible
Class Action WaiverApplies to the fullest extent permitted by law

You and DigitivaHub each waive the right to a jury trial.

18. Entire Agreement

Complete Terms

These Terms and the Policies constitute the entire agreement regarding the Services and supersede all prior or contemporaneous agreements on the subject matter.

Order of Precedence

If there is a conflict between these Terms and a Policy, the controlling document will be:

  1. Vendor Terms (for Vendors)
  2. Affiliate Program Terms (for Affiliates)
  3. Refund Policy (for refunds)
  4. These Terms (as default)

Unless the applicable document states otherwise.

19. Contact Information

The Services are offered by:

Proxima Market LLC
30 N Gould St Ste N
Sheridan, WY 82801
United States

Email: support@digitivahub.com
Website: https://digitivahub.com

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