Terms and Conditions of Service

Effective Date: 1st July, 2025

This Terms and Conditions of Service Agreement (hereinafter the “Agreement”) constitutes a legally binding contract between HectaSquare (the “Company,” “we,” “us,” “our”) and the end-user (“User,” “you,” “your”) of the www.digitalclone.shop platform and any associated services, software, or applications (collectively, the “Service”).

BY CREATING AN ACCOUNT, ACCESSING, OR UTILIZING THE SERVICE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND UNCONDITIONALLY AGREE TO BE BOUND BY ALL TERMS AND PROVISIONS CONTAINED HEREIN. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE.

1. SCOPE OF AGREEMENT AND GRANT OF LICENSE

1.1. Term. This Agreement shall commence upon the User’s creation of an Account and shall remain in full force and effect until terminated in accordance with the provisions herein.

1.2. Eligibility. The Service is not intended for individuals under the age of thirteen (13), or the minimum legal age required to consent to the processing of personal data in their applicable jurisdiction. Users under the age of eighteen (18) must have obtained valid consent from a parent or legal guardian.

1.3. Limited License. Subject to your strict compliance with this Agreement, the Company grants the User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for the duration of the Term, solely for its intended purpose.

1.4. Modification. The Company reserves the right, at its sole discretion, to modify, amend, or replace any part of this Agreement at any time. We shall provide reasonable notice of any modifications that materially affect your rights. Continued use of the Service following such notice shall constitute your binding acceptance of the changes.

2. THE SERVICE

2.1. The Service shall comprise access to the Company’s proprietary software platform and related support services as described on our official website.

2.2. The Company reserves the right to add, modify, suspend, or discontinue any feature or component of the Service at any time, without liability. For paid subscriptions, in the event of a material discontinuation, the Company shall use commercially reasonable efforts to provide a substitute service or a pro-rata refund of prepaid fees.

3. USER ACCOUNT AND RESPONSIBILITIES

3.1. Account Registration. Access to the Service requires the registration and maintenance of an active user account (“Account”).

3.2. User Covenants. The User covenants, represents, and warrants that: (a) all information provided to the Company is true, accurate, current, and complete; (b) the User will maintain the security and confidentiality of all Account credentials; and (c) the User will immediately notify the Company of any suspected or actual unauthorized use of the Account.

3.3. Account Dormancy. The Company may, at its discretion, terminate and permanently delete any Account that has remained inactive for a continuous period of twelve (12) months or more, upon prior notice to the User’s registered email address.

4. FEES, PAYMENT, AND SUBSCRIPTIONS

4.1. Subscription Fees. The User agrees to pay all applicable fees for the selected subscription plan (“Subscription Fees”) in accordance with the pricing and billing terms presented on the Platform.

4.2. Automatic Renewal. ALL SUBSCRIPTIONS ARE SUBJECT TO AUTOMATIC RENEWAL AT THE END OF THE DESIGNATED SUBSCRIPTION PERIOD. THE USER ACKNOWLEDGES AND AGREES THAT THE COMPANY IS AUTHORIZED TO CHARGE THE APPLICABLE SUBSCRIPTION FEES USING THE PAYMENT METHOD ON FILE, UNLESS THE USER CANCELS THE SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION PROCEDURE PRIOR TO THE RENEWAL DATE.

4.3. Delinquency. In the event of non-payment, the Company may suspend or terminate access to the Service and may charge interest on the overdue amount at the lesser of 1.5% per month or the maximum rate permitted by law.

4.4. No Refunds. Except as expressly provided herein or as required by non-excludable law, all Subscription Fees are non-refundable.

5. ACCEPTABLE USE AND CONDUCT

5.1. The license granted herein is conditional upon the User’s compliance with this Section 5. The User is expressly prohibited from, and shall not permit any third party to:

  • (a) Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the Service;
  • (b) Use the Service for any unlawful, fraudulent, or malicious purpose, or in any manner that infringes upon the rights of any third party;
  • (c) Circumvent or compromise any security measures of the Service;
  • (d) Use the Service to build a competitive product or service;
  • (e) Generate, transmit, or store any content that is defamatory, obscene, harassing, hateful, discriminatory, violent, or otherwise objectionable in the Company’s sole determination.

6. SERVICE AVAILABILITY

6.1. The Company will use commercially reasonable efforts to make the Service available. Notwithstanding the foregoing, the User acknowledges that the Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and the Company is not responsible for any such delays or failures.

7. ACKNOWLEDGEMENT AND DISCLAIMER REGARDING ARTIFICIAL INTELLIGENCE

7.1. NATURE OF GENERATIVE AI. THE USER ACKNOWLEDGES THAT THE SERVICE UTILIZES GENERATIVE ARTIFICIAL INTELLIGENCE AND LARGE LANGUAGE MODELS. SUCH TECHNOLOGIES ARE INHERENTLY PROBABILISTIC AND MAY PRODUCE OUTPUTS (“GENERATED CONTENT”) THAT ARE FACTUALLY INCORRECT, BIASED, MISLEADING, OR OTHERWISE UNINTENDED.

7.2. NO WARRANTY. THE SERVICE AND ANY GENERATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7.3. USER ASSUMPTION OF RISK. THE USER ASSUMES ALL RISK AND RESPONSIBILITY FOR THE USE OF GENERATED CONTENT. THE USER IS SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING THE ACCURACY, LEGALITY, AND APPROPRIATENESS OF ANY GENERATED CONTENT BEFORE USE OR RELIANCE THEREON. THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OR LOSSES ARISING FROM YOUR USE OF GENERATED CONTENT.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. Company IP. The Company and its licensors retain all right, title, and interest in and to the Service and all related intellectual property, including but not limited to software, trademarks, trade secrets, and copyrighted material (“Company IP”). This Agreement grants no rights to the User in the Company IP except for the limited license specified herein.

8.2. User Content. The User retains ownership of any original content submitted to the Service (“Inputs”).

8.3. Paid Subscriber License. For Users under a paid subscription, the User shall own the intellectual property rights to the unique output generated from their Inputs (“Outputs”). The User hereby grants the Company a limited, worldwide, royalty-free license to use such Inputs and Outputs solely to the extent necessary to provide and maintain the Service for the User.

8.4. Free Subscriber Assignment. For Users under a free or trial subscription, the User hereby irrevocably assigns to the Company all right, title, and interest, throughout the world, in and to any and all Outputs generated through their use of the Service.

8.5. Public Content License. For any content the User designates as “public,” the User grants the Company a perpetual, irrevocable, worldwide, royalty-free, and transferable license to use, reproduce, modify, distribute, and create derivative works of such content for any purpose, including for training our AI models and improving the Service.

9. CONFIDENTIALITY AND DATA

9.1. Each party agrees to maintain the confidentiality of the other party’s non-public information and to use it solely for the purposes of this Agreement.

9.2. The Company’s collection and use of Personal Information is governed by our Privacy Policy, which is incorporated by reference into this Agreement.

10. LIMITATION OF LIABILITY

10.1. DISCLAIMER OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

10.2. LIABILITY CAP. NOTWITHSTANDING ANY OTHER PROVISION HEREIN, THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO THE USER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL SUBSCRIPTION FEES PAID BY THE USER TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

11. TERMINATION

11.1. The Company may suspend or terminate this Agreement and the User's access to the Service immediately and without notice if the User breaches any material provision of this Agreement.

11.2. The User may terminate this Agreement by canceling their subscription, with such termination effective at the end of the current billing cycle.

12. GENERAL PROVISIONS

12.1. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of [Specify Jurisdiction, e.g., the Province of Sindh, Pakistan], without regard to its conflict of law principles. The parties irrevocably submit to the exclusive jurisdiction of the courts located in [Specify City, e.g., Karachi] for the resolution of any disputes.

12.2. Dispute Resolution. The parties agree to first attempt to resolve any dispute through good-faith negotiation. If negotiation fails, any dispute shall be resolved through final and binding arbitration conducted in English in [Specify City], in accordance with the rules of a mutually agreed-upon arbitration body.

12.3. Entire Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral.

12.4. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect.

12.5. Assignment. The User may not assign this Agreement without the prior written consent of the Company. The Company may assign this Agreement without restriction.

12.6. Waiver. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right.

12.7. Survival. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. INDEMNIFICATION

13.1. Indemnification by User. The User shall indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and licensors (the “Company Indemnitees”) from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) (collectively, “Claims”) arising out of or in connection with:

  • (a) Any Input or other content submitted to the Service by the User, including any allegation that such content infringes upon or violates the intellectual property, privacy, or other rights of a third party;
  • (b) The User’s breach of any term, covenant, representation, or warranty of this Agreement;
  • (c) The User’s violation of any applicable law, rule, or regulation; or
  • (d) The User’s gross negligence or willful misconduct.

13.2. Indemnification by Company. The Company shall indemnify, defend, and hold harmless the User from and against any Claims brought by a third party alleging that the Service itself, when used by the User in strict accordance with this Agreement, directly infringes the intellectual property rights of such third party. This obligation shall not apply to claims arising from: (a) the combination of the Service with any other product, service, or data not provided by the Company; (b) any modification of the Service by anyone other than the Company; or (c) any use of the Service in violation of this Agreement.

13.3. Procedure. The indemnified party shall provide the indemnifying party with prompt written notice of any Claim and shall grant the indemnifying party sole control of the defense and settlement of the Claim. The indemnified party agrees to provide reasonable cooperation in the defense of any such Claim.

14. DEFINITIONS

For the purposes of this Agreement, the following capitalized terms shall have the meanings ascribed to them below:

  • (a) “Account” means the unique, password-protected account established by a User to access the Service.
  • (b) “Agreement” refers to this Terms and Conditions of Service document, including any and all policies incorporated herein by reference.
  • (c) “Company IP” means all intellectual property rights owned by or licensed to the Company, including but not limited to the Service, software, algorithms, trademarks, trade dress, and proprietary content.
  • (d) “Generated Content” means any and all data, text, images, code, or other materials and information generated, returned, or synthesized by the Service in response to Inputs.
  • (e) “Inputs” means any and all data, text, prompts, documents, images, or other materials and information provided by the User to the Service.
  • (f) “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
  • (g) “Personal Information” means any information that identifies or can be used to identify an individual, as more specifically defined in our Privacy Policy and under applicable data protection laws.
  • (h) “Service” refers to the www.digitalclone.shop platform, including all associated software, applications, features, functionalities, and technologies provided by the Company.
  • (i) “Subscription Fees” means the recurring fees payable by the User for access to a selected subscription plan for the Service.
  • (j) “User” means the individual or legal entity that has registered for an Account and agreed to this Agreement.

15. MISCELLANEOUS PROVISIONS

15.1. Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable) for causes beyond that party’s reasonable control and occurring without that party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, or computer-related attacks or malicious acts.

15.2. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

15.3. Notices. All notices under this Agreement must be in writing. Notices to the Company shall be sent to dpo@digitalclone.shop. Notices to the User will be sent to the email address associated with the User's Account.

15.4. Electronic Signatures. The User’s affirmative act of creating an Account and clicking “I Agree” (or a similar button or checkbox) constitutes the User's electronic signature to this Agreement, which shall be deemed to have the same legal effect as a handwritten signature.

This Agreement represents the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement.