digible.ai terms of service
These Terms govern access to and use of the Digible.ai platform at digible.ai and app.digible.ai, operated by Digible, Inc. By accessing the Platform you agree to these Terms.
1.Who may use the Platform
The Platform is offered to businesses, not consumers. You may use it only if you are at least 18 and are authorized to act for the organization you are accessing it on behalf of. “Customer” means that organization; “you” means both.
2.Order of precedence
Many customers have a signed services agreement with Digible. Where a signed agreement exists between Digible and Customer, that agreement controls and these Terms supplement it only where it is silent. In the event of a conflict, the order of precedence is: (1) the signed agreement and its addenda, including any data processing addendum; (2) any written order form or statement of work; (3) these Terms.
Nothing in these Terms modifies, waives, or expands a signed agreement.
3.The Platform
Digible provides software for planning, operating, measuring, and optimizing marketing for residential rental properties. The specific services, properties, and scope are set out in the applicable agreement or order form. We may change, add, or remove features, and will not materially reduce a paid service during a term without notice.
4.Accounts and access
Customer is responsible for its users, for keeping credentials secure, and for all activity under its account. Notify us promptly at security@digible.ai if you believe an account has been compromised. We may suspend access where we reasonably believe it is necessary to protect the Platform, our other customers, or a third party.
5.Customer Data
“Customer Data” means data Customer or its users submit to the Platform, and data Digible collects or receives on Customer’s behalf from connected accounts and third-party platforms. As between the parties, Customer owns Customer Data. Customer grants Digible a non-exclusive license to host, process, and transmit Customer Data solely to provide the Platform and the services, to secure them, and to comply with law.
Digible may create aggregated and de-identified data from Customer Data and use it to operate and improve its services, provided it does not identify Customer, any property, or any individual, and is not disclosed in a form that could.
6.Customer responsibilities
These are conditions of use, not best practices. Customer represents and agrees that:
Authority over connected accounts. Customer owns or is authorized to grant access to every third-party account it connects — including Google Ads, Google Analytics, Google Tag Manager, Google Business Profile, its property websites, and its CRM or property management system — and that granting Digible access does not breach any agreement with those providers.
Fair housing and advertising law. All advertising Digible runs for Customer is housing advertising and is subject to the Fair Housing Act, state and local fair housing laws, and the advertising platforms’ housing policies. Customer is responsible for reviewing and approving advertising creative, targeting, and audience configuration before it runs, and for ensuring it complies with those requirements. Digible will operate campaigns within the platforms’ housing-category restrictions, but does not provide legal advice and does not certify Customer’s compliance.
Call recording consent. Where Digible provisions call tracking numbers for Customer, calls placed to those numbers are recorded and transcribed. Customer is responsible for ensuring that recording is disclosed as required in every jurisdiction where its properties operate and where callers may be located, including all-party-consent states. Digible will enable the recording announcement on Customer’s tracking numbers; Customer must not disable it.
Website and privacy disclosures. Where Digible installs tracking on Customer’s website or listings, Customer is responsible for its own privacy notice, cookie consent, and any required disclosures covering that tracking and naming Digible as a service provider.
Lawful data. Customer will not submit personal information it lacks the right to provide, and will not submit protected health information, payment card data, government identifiers, or information about anyone under 18.
Acceptable use. Customer will not reverse engineer the Platform, resell access without permission, interfere with its operation, use it to build a competing product, or use it unlawfully.
7.Third-party services
The Platform connects to services operated by third parties. Customer’s use of those services is governed by their own terms — including, for Google services, the Google Terms of Service and the applicable API terms. Digible is not responsible for a third-party service’s availability, changes, or acts. If a third party changes or withdraws access, we will make reasonable efforts to adapt but cannot guarantee continuity of a dependent feature.
8.AI-generated output
The Platform uses artificial intelligence to generate campaign plans, research summaries, marketing copy, images, and video. AI output can be inaccurate, incomplete, or unsuitable, and is provided for Customer’s review. Customer is responsible for reviewing and approving AI output before it is published, launched, or relied on — which matters most for housing advertising, where generated copy or imagery could carry fair housing implications. Digible makes no warranty as to AI output and does not represent that it is legally compliant.
Digible does not use Customer Data to train AI models. Digible works with AI providers on terms that restrict the use of submitted data for model training and reviews those terms as they change, but does not warrant a third-party provider’s own practices.
9.Intellectual property
Digible owns the Platform and all software, models, methods, and materials it provides, including improvements. Customer owns Customer Data and its own trademarks and creative. Feedback Customer gives us may be used freely and without obligation.
10.Confidentiality
Each party will protect the other’s non-public information with at least reasonable care, use it only to perform under these Terms, and disclose it only to those who need it and are bound to comparable obligations. This does not apply to information that is public, independently developed, or lawfully received from another source, and does not prevent disclosure required by law with reasonable notice where permitted.
11.Fees
Fees, invoicing, and payment are set out in the applicable agreement or order form. Where no agreement sets them, access is provided at no charge and may be modified or discontinued at any time.
12.Term, suspension, and termination
These Terms apply while Customer accesses the Platform. Either party may terminate access as provided in the applicable agreement, or — where none applies — on notice. On termination, Customer’s access ends and we will make Customer Data available for export for 30 days, after which we delete it on the schedule in our Privacy Policy.
13.Disclaimers
The Platform is provided “as is.” To the fullest extent permitted by law, Digible disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Digible does not warrant any specific marketing result, lead volume, cost, ranking, or leasing outcome.
14.Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenue. Digible’s total liability arising out of these Terms will not exceed the amounts Customer paid Digible in the twelve months preceding the claim, or $100 where no fees were paid.
These limits do not apply to Customer’s payment obligations, either party’s indemnity obligations, or a party’s gross negligence or willful misconduct.
15.Indemnification
Customer will defend and indemnify Digible against third-party claims arising from Customer Data, Customer’s breach of Section 6, or Customer’s violation of law — including fair housing claims arising from creative or targeting Customer approved, and claims arising from call recording where Customer failed to disclose it.
Digible will defend and indemnify Customer against third-party claims that the Platform infringes a US intellectual property right.
16.Governing law and disputes
These Terms are governed by the laws of the State of Colorado, without regard to conflict of laws. The parties consent to the exclusive jurisdiction of the state courts located in Arapahoe County, Colorado and the United States District Court for the District of Colorado.
17.Changes
We may update these Terms. We will post the updated version here and update the date. Material changes take effect 30 days after we notify account holders. Continued use after that constitutes acceptance.
18.General
These Terms, with any signed agreement, are the entire agreement on this subject. Neither party may assign without the other’s consent, except in a merger or sale of substantially all assets. If a provision is unenforceable, the rest survives. Failure to enforce is not a waiver. Sections 5, 9, 10, 13–16, and 18 survive termination.
19.Contact
Digible, Inc., 3400 S Broadway, Suite 140, Englewood, CO 80113
Email legal@digible.ai.