Terms of Service

DigestBuilder Terms of Service

These DigestBuilder Terms of Service (this “Agreement”) is entered into by and between Skyloft, Inc. (“DigestBuilder”) and the entity or person placing an order for or accessing the Services (“Customer” or “you”). This Agreement consists of the terms and conditions set forth below, online registration, order descriptions or order confirmations referencing this Agreement (“Order Forms”). If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to “you” or “Customer” reference your company.

The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access to the Services (as defined below) through any online provisioning, registration or order process or (b) the effective date of the first Order Form referencing this Agreement. This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement.

Modifications: You acknowledge and agree that DigestBuilder may modify the terms and conditions of this Agreement in accordance with Section 12 (Modifications).

The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access to the Services (as defined below) through any online provisioning, registration or order process or (b) the effective date of the first Order Form referencing this Agreement. This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement.

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1. DigestBuilder Services

1.1. Overview. The “Service” includes the digestbuilder.com website, any subdomains thereof, any API integrations or widgets we offer, and any other website or webpages we own or operate that include a link to this statement.

1.2. Provision of the Services. The Services are provided on a subscription basis for a set term designated on the Order Form (each, a “Subscription Term”) unless otherwise specified in Section 2 (Service Plans and Beta Releases). Customer shall purchase and DigestBuilder shall provide the Services as specified in the applicable Order Form.

1.3. Access to the Services. During the Subscription Term, Customer may access and use the Services for its internal business operations, subject to this Agreement, the Documentation, and any scope of use restrictions on the applicable Order Form. Access to the Services is limited to Customer’s employees and contractors acting for the sole benefit of Customer (“Permitted Users”). Customer and its Permitted Users may need to register for a DigestBuilder account in order to access or use the Services. Account registration information must be accurate, current and complete, and will be governed by DigestBuilder’s Privacy Policy (currently available at https://digestbuilder.com/privacy/). Customer is responsible for any use of the Services by its Permitted Users and their compliance with this Agreement. Customer shall keep confidential its user IDs and passwords for the Services and remain responsible for any actions taken through its accounts.

1.4. Use Restrictions. Customer shall not (and shall not permit any third-party to): (a) rent, lease, provide access to or sublicense the Services to a third party; (b) use the Services to provide, or incorporate the Services into, any product or service provided to a third party; (c) use the Services to develop a similar or competing product or service; (d) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to DigestBuilder); (e) copy, modify or create any derivative work of the Services or any Documentation; (f) publicly disseminate performance information regarding the Services.

1.5. Storage and Processing of Customer Data. During each Subscription Term, DigestBuilder may store certain Customer Data submitted from Sources to enable various features and functionality of the Services, including for re-sending of Customer Data to Destinations at Customer’s direction. Customer acknowledges that Customer Data transmitted through the Services may be stored and processed by DigestBuilder in the United States or in other countries as approved or directed by Customer. For clarity, nothing in this Section 1.5 prohibits DigestBuilder from transmitting Customer Data to Customer’s designated Destinations as part of the Services.

2. Service Plans and Beta Releases.

2.1. Services Plans. DigestBuilder makes available the Services through paid plans (“Paid Plans”) and promotional plans ("Promo Plans"). Customer’s specific plan will be identified in the Order Form presented when Customer registers, orders, or pays for the Services. Customer’s permitted scope of use (such as features available and other usage limits) depends on the plan that Customer selects and will be specified on the applicable Order Form.

2.2. Paid Plans. Paid Plans are provided for the Subscription Term designated on the applicable Order Form and, unless otherwise specified on the Order Form, each Subscription Term shall automatically renew for the same period as the then-current Subscription Term unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the then-current Subscription Term (e.g., monthly Paid Plans will automatically roll over month-to-month and yearly Paid Plans will automatically renew for additional 12-month periods).

2.3. Promo Plans. Under Promo Plans, Customer may be granted promotional pricing for a limited term as specified in the Order Form. Promo Plans Subscription Term shall automatically renew for the same period as the then-current Subscription Term unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the then-current Subscription Term (e.g., Promo Plans with a Subscription Term that exceeds one month will automatically roll over month-to-month until the end of the limited term). At the end of the specified limited term, Promo Plans will automatically transition to a Paid Plan with a Subscription Term specified on the applicable Order Form and shall automatically renew for the same period as the then-current Subscription Term unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the then-current Subscription Term (e.g., monthly Paid Plans will automatically roll over month-to-month and yearly Paid Plans will automatically renew for additional 12-month periods).

2.4. Beta Releases. Customer may receive access to a Service (or Service features) as an alpha, beta or early access offering (“Beta Releases”). DigestBuilder identifies all Beta Releases as such and any usage by Customer is optional. Use of a Beta Release is permitted only for Customer’s internal evaluation during the period designated by DigestBuilder (or if not designated, 30 days) and may be subject to additional terms provided by DigestBuilder and agreed by Customer. DigestBuilder may suspend or terminate Customer’s access to Beta Releases at any time for any reason. Beta Releases may be inoperable, incomplete or include features that DigestBuilder may never release, and their features and performance information are DigestBuilder’s Confidential Information. ”). Notwithstanding anything else in this Agreement, DigestBuilder’s liability for Beta Releases will not exceed US $50.

3. Customer Obligations

3.1. Rights in Customer Data. Customer is solely responsible for the accuracy, content and legality of all Customer Data. Customer represents and warrants to DigestBuilder that (1) Customer will comply with all applicable Laws in its use of the Services (including, if applicable, the California Online Privacy Protection Act, European Union Regulation 2016/679 and similar Laws governing cross-site tracking or automated decision-making) and (2) Customer has provided all disclosures and obtained all necessary rights, consents and permissions to collect, share and use Customer Data as contemplated in this Agreement (including granting DigestBuilder the rights in Section 5.1 and Customer’s building, tracking, using or sharing of any user profiles, traits or audiences), without violation or infringement of (i) any third-party intellectual property, publicity, privacy or other rights, (ii) any Laws, or (iii) any terms of service, privacy policies or other agreement governing the Customer Properties or Customer’s accounts with third-party Sources or Destinations. By enabling use of the Services with any Source or Destination, Customer authorizes DigestBuilder to access Customer’s accounts with such Source or Destination for the purposes described in this Agreement. In addition, in order to provide the Services to Customer and improve DigestBuilder’s integrations with Sources and Destinations, DigestBuilder may also disclose Customer’s status as a DigestBuilder customer and related technical Services data to the providers of Customer’s Sources and Destinations.

3.2. No Sensitive Personal Information. Customer specifically agrees not to use the Services to collect, store, process or transmit any Sensitive Personal Information. Customer acknowledges that DigestBuilder is not a Business Associate or subcontractor (as those terms are defined in HIPAA) or a payment card processor and that the Services is neither HIPAA nor PCI DSS compliant. DigestBuilder shall have no liability under this Agreement for Sensitive Personal Information, notwithstanding anything to the contrary herein.

3.3. Indemnification by Customer. Customer shall indemnify, defend and hold harmless DigestBuilder from and against any and all third-party claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any Customer Data or breach or alleged breach by Customer of Sections 3.1 (Rights in Customer Data) or 3.2 (No Sensitive Personal Information). This indemnification obligation is subject to Customer receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for Customer to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all reasonably necessary cooperation of DigestBuilder (at Customer’s expense for reasonable out-of-pocket costs).

4. Security

DigestBuilder agrees to use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration or disclosure of the Services or Customer Data. However, DigestBuilder shall have no responsibility for errors in transmission, unauthorized third-party access or other causes beyond DigestBuilder’s control.

5. Ownership

5.1. Customer Data. As between the parties, Customer shall retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data as provided to DigestBuilder. Subject to the terms of this Agreement, Customer hereby grants to DigestBuilder a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data solely to the extent necessary to provide the Services to Customer during the Subscription Term.

5.2. DigestBuilder Technology. This is a subscription agreement for access to and use of the Services. Customer agrees that DigestBuilder or its suppliers retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Services, all Documentation and any and all related and underlying technology and documentation and any derivative works, modifications or improvements of any of the foregoing, including as may incorporate Feedback (as defined below). DigestBuilder may generate Usage Data to operate, improve, analyze and support the Services, for benchmarking and reporting and for DigestBuilder’s other lawful business purposes. Except as expressly set forth in this Agreement, no rights in the Services or any DigestBuilder technology are granted to Customer.

5.3. Feedback. Customer, from time to time, may submit comments, questions, suggestions or other feedback relating to any DigestBuilder product or service to DigestBuilder (“Feedback”). DigestBuilder may freely use or exploit Feedback in connection with any of its products or services.

6. Fees & Payment

6.1. Fees and Payment. To the extent the Service or any portion thereof is made available for any fee, you will be required to select a Subscription through the self-service process on the Site and/or separately execute an Order Form and provide DigestBuilder information regarding your credit card or other payment instrument. You represent and warrant to DigestBuilder that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay DigestBuilder the amount that is specified in the payment plan in accordance with the self-service Subscription or Order Form and this Agreement. Subscriptions entered into through the Site or through an Order Form will auto-renew pursuant to the terms specified in Section 2.2 and Section 2.3 or as otherwise set forth in such Order Form. You hereby authorize DigestBuilder to bill your payment instrument in advance monthly for self-service Subscriptions entered into through the Site or in accordance with the applicable Order Form and in accordance with the terms of the applicable payment plan referenced in the self-service Subscription or Order Form and this Agreement, and you further agree to pay any charges so incurred. If you dispute any charges you must let DigestBuilder know within thirty (30) days after the date that DigestBuilder invoices you. DigestBuilder reserves the right to increase the rates specified in the Order Form upon any renewal of a Subscription Term. If DigestBuilder does change prices, DigestBuilder will provide notice of the change on the Site or in email to you, at DigestBuilder’s option, at least fourteen (14) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. DigestBuilder may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by DigestBuilder thirty (30) days after the mailing date of the invoice, or the Services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services other than U.S. taxes based on DigestBuilder’s net income.

6.2. Taxes. DigestBuilder’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, including for example, value-added, general excise, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”) and Customer shall be responsible for payment of all Taxes associated with this Agreement and all Order Forms, except that DigestBuilder is solely responsible for taxes assessable against DigestBuilder based on DigestBuilder’s net income, property, and employees. If any deduction or withholding is required by law, Customer shall notify DigestBuilder and shall pay DigestBuilder any additional amounts necessary to ensure that the net amount that DigestBuilder receives, after any deduction and withholding, equals the amount DigestBuilder would have received if no deduction or withholding had been required.

6.3. Overages. If Customer exceeds its permitted usage in any month of a Subscription Term as specified in an Order Form, DigestBuilder reserves the right to charge overage fees in respect of such excess usage at the applicable overage rates set forth in the Order Form. Customer will pay any overage fees monthly in arrears.

7. Term and Termination

7.1. Term. This Agreement is effective as of the Effective Date and expires on the date of expiration or termination of all Subscription Terms. This Agreement is effective as of the Effective Date and expires on the date of expiration or termination of all Subscription Terms.

7.2. Termination for Cause. Either party may terminate this Agreement (including all related Order Forms) if the other party (a) fails to cure any material breach of this Agreement (including a failure to pay fees or comply with applicable scope of use restrictions) within thirty (30) days after written notice; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter). For clarity, nothing in this Section 7.2 limits DigestBuilder’s right to terminate or suspend any Trial Plan as set forth in Section 2.3 (Trial Plans).

7.3. Suspension of Services. Without limiting DigestBuilder’s termination or other rights hereunder, DigestBuilder reserves the right to suspend Customer’s access to the Services (and any related services) in whole or in part, without liability to Customer: (i) if Customer’s account is thirty (30) days or more overdue; (ii) for Customer’s breach of Sections 1.3 (Access to the Services), 1.4 (Use Restrictions) or 3 (Customer Obligations); or (iii) to prevent harm to other customers or third parties or to preserve the security, availability or integrity of the Services. When practicable, DigestBuilder will use reasonable efforts to provide Customer with advance notice of the suspension (email sufficing). Unless this Agreement has been terminated, DigestBuilder will cooperate to restore Customer’s access to the Services promptly after DigestBuilder verifies that Customer has resolved the issue requiring suspension.

7.4. Effect of Termination. Upon any expiration or termination of this Agreement, Customer shall immediately cease any and all use of and access to the Services (including any and all related DigestBuilder technology), cease distributing any DigestBuilder Code installed on Customer Properties, and delete (or, at DigestBuilder’s request, return) any and all copies of the Documentation, any DigestBuilder passwords or access codes and any other DigestBuilder Confidential Information in its possession. Customer acknowledges that following termination it shall have no further access to any Customer Data in the Services, and that DigestBuilder may delete any such data as may have been stored by DigestBuilder at any time. Upon any expiration or termination of this Agreement, DigestBuilder shall delete all Customer Data within sixty (60) days after receipt of Customer’s written request. Notwithstanding the foregoing, Customer understands that DigestBuilder may retain copies of Customer Data in regular backups or as required by Laws, which will remain subject to the security standards in Section 4 (Security). Except where an exclusive remedy is specified, the exercise of either party of any remedy under this Agreement, including termination, will be without prejudice to any other remedies it may have under this Agreement, by law or otherwise.

7.5. Survival. The following Sections shall survive any expiration or termination of this Agreement: 1.5 (Use Restrictions), the disclaimers in Section 2.4 (Beta Releases), 3.3 (Indemnification by Customer), 5 (Ownership), 6.1 (Fees and Payment), 7 (Term and Termination), 8 (Warranty Disclaimer), 9 (Limitation of Remedies and Damages), 10 (Confidential Information), 12 (Modifications) and 13 (General Terms).

8. Warranty Disclaimer

THE SERVICES AND ALL RELATED SERVICES ARE PROVIDED “AS IS”. NEITHER DIGESTBUILDER NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. DIGESTBUILDER DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES DIGESTBUILDER WARRANT THAT IT WILL REVIEW THE CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS. CUSTOMER UNDERSTANDS THAT CUSTOMER DATA IS SHARED WITH DESTINATIONS AT CUSTOMER’S ELECTION AND DIGESTBUILDER TAKES NO RESPONSIBILITY FOR ANY DESTINATION’S USE OR PROTECTION OF CUSTOMER DATA ONCE IT HAS BEEN SHARED. CUSTOMER UNDERSTANDS THAT IT IS RESPONSIBLE FOR PUTTING IN PLACE ANY CONTRACTUAL ARRANGEMENTS WITH DESTINATIONS REQUIRED BY LAWS. DIGESTBUILDER SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF DIGESTBUILDER. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

9. Limitation of Remedies and Damages

9.1. Consequential Damages Waiver. EXCEPT FOR EXCLUDED CLAIMS (DEFINED BELOW), NEITHER PARTY (NOR ITS SUPPLIERS) SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

9.2. Liability Cap. DIGESTBUILDER’S (AND ITS SUPPLIERS’) ENTIRE LIABILITY TO CUSTOMER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY CUSTOMER TO DIGESTBUILDER DURING THE PRIOR TWELVE (12) MONTHS UNDER THIS AGREEMENT.

9.3. Excluded Claims. "Excluded Claims” means (a) any claim arising from Customer’s breach of Sections 1.5 (Use Restrictions), 3.1 (Rights in Customer Data) or 3.2 (No Sensitive Personal Information); or (b) any amounts payable to third-parties pursuant to Customer’s indemnification obligations under Section 3.3 (Indemnification by Customer).

9.4. Nature of Claims and Failure of Essential Purpose. The parties agree that the waivers and limitations specified in this Section 9 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

10. Confidential Information

Each party (as “Receiving Party”) agrees that all code, inventions, know-how, business, technical and financial information it obtains from the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party, (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any DigestBuilder technology, performance information relating to the Services, and the terms and conditions of this Agreement shall be deemed Confidential Information of DigestBuilder without any marking or further designation. Except as expressly authorized herein, the Receiving Party shall (1) hold in confidence and not disclose any Confidential Information to third-parties and (2) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under this Agreement. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know (including, for DigestBuilder provided that such representatives are bound to confidentiality obligations no less protective of the Disclosing Party than this Section 10 and that the Receiving Party remains responsible for compliance by any such representative with the terms of this Section 10. The Receiving Party’s confidentiality obligations shall not apply to information that the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may make disclosures to the extent required by law or court order, provided the Receiving Party notifies the Disclosing Party in advance and cooperates in any effort to obtain confidential treatment. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party shall be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.

11. Co-Marketing

Customer agrees to participate in reasonable marketing activities that promote the benefits of the Services to other potential customers and to use of Customer’s name and logo on DigestBuilder’s web site and in DigestBuilder promotional materials. Customer agrees that DigestBuilder may disclose Customer as a customer of DigestBuilder.

12. Modifications

12.1. Modifications to this Agreement. DigestBuilder may modify the terms and conditions of this Agreement (which may include changes to Services pricing and plans) from time to time with notice to Customer in accordance with Section 13.5 (Notice).

a) Trial Plans. If Customer has a Trial Plan, any modifications will become effective immediately, and if Customer objects to the modifications, its exclusive remedy is to terminate this Agreement and cease using the Services.

b) Paid Plans. If Customer has a Paid Plan, the following terms apply: Unless a shorter period is specified by DigestBuilder (e.g., due to changes in the law or exigent circumstances), the modifications become effective upon renewal of Customer’s current Subscription Term or entry into a new Order Form. If DigestBuilder specifies that the modifications to the Agreement will take effect prior to Customer’s next renewal or order and Customer notifies DigestBuilder in writing of its objection to the modifications within thirty (30) days after the date of such notice, DigestBuilder (at its option and as Customer’s exclusive remedy) will either: (a) permit Customer to continue under the existing version of this Agreement until expiration of the then-current Subscription Term (after which time the modified Agreement will go into effect) or (b) allow Customer to terminate this Agreement and receive a pro-rated refund of any fees Customer has pre-paid for use of the Services for the terminated portion of the applicable Subscription Term. Customer may be required to click to accept or otherwise agree to the modified Agreement in order to continue using the Services, and, in any event, continued use of the Services after the updated version of this Agreement goes into effect will constitute Customer’s acceptance of such updated version.

13. General Terms

13.1. Assignment. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign this Agreement without the advance written consent of the other party, except that DigestBuilder may assign this Agreement in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of DigestBuilder’s assets or voting securities. Any attempt to transfer or assign this Agreement except as expressly authorized under this Section 13.1 will be null and void.

13.2. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect.

13.3. Governing Law; Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Hawaii and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to the subject matter hereof shall be the state and United States federal courts located in Honolulu, Hawaii and both parties hereby submit to the personal jurisdiction of such courts.

13.4. Attorneys’ Fees and Costs. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys’ fees and costs in connection with such action.

13.5. Notice. Any notice or communication required or permitted under this Agreement shall be in writing. If to DigestBuilder, notices must be provided to the address set forth below (DigestBuilder Contact Information) and shall be deemed to have been received (i) if given by hand, immediately upon receipt; (ii) if given by overnight courier service, the first business day following dispatch or (iii) if given by registered or certified mail, postage prepaid and return receipt requested, the second business day after such notice is deposited in the mail. If to Customer, DigestBuilder may provide notice to Customer’s email address on file or through the Services. Any email notices shall be deemed to have been received upon delivery. Either party may update its address with notice to the other party.

DigestBuilder Contact Information:

Legal notices should be sent to:

Attn: DigestBuilder Legal

Skyloft, Inc. 1188 Bishop Street, Suite 1502, Honolulu, HI 96813

With a copy also provided to: legal@digestbuilder.com

Other Notices: Any Customer notices, questions or complaints regarding the Services should be sent to: customerservice@digestbuilder.com

13.6. Waivers. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived.

13.7. Entire Agreement; Interpretation. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. No provision of any purchase order or other business form employed by Customer will supersede the terms and conditions of this Agreement, and any such document relating to this Agreement shall be for administrative purposes only and shall have no legal effect. In this Agreement, headings are for convenience only and “including”, “e.g.”, and similar terms will be construed without limitation. Customer acknowledges that the Services are online, subscription-based products, and that in order to provide improved customer experience DigestBuilder may make changes to the Services, and DigestBuilder will update the applicable Documentation accordingly.