Effective Date: January 1, 2025
Welcome to DIGY ("App"), operated by Divergent Graveyard LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the DIGY mobile application.
By accessing or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the App.
You must be at least 18 years old to use this App. By using the App, you represent and warrant that you are at least 18 years of age.
DIGY is a community-based platform that facilitates local trading, bartering, buying, and selling between users. The App allows users to:
Important: DIGY is a listing platform only. We do not process payments, facilitate transactions, or take custody of items. Users arrange payment and exchanges directly with each other.
To use the App, you must create an account. You agree to:
We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.
You agree NOT to:
We employ automated systems and user reporting to monitor for suspicious activity and prohibited items. Users can flag inappropriate listings or behavior.
Messages are monitored for safety and compliance. We reserve the right to review messages and take action against accounts that violate these Terms.
We reserve the right to remove content, suspend accounts, or ban users who violate these Terms, at our sole discretion, without notice.
DIGY operates on a tier-based fee structure. Users pay fees based on the tier of items they can post, which determines the quantity and type of listings available to them.
Fee Changes: We reserve the right to modify our fee structure at any time. Changes will be communicated through the App or via email. Continued use of the App after fee changes constitutes acceptance of the new fees.
User-to-User Payments: DIGY does not process payments for items traded or sold. Users arrange payment directly (cash, Venmo, etc.). We are not responsible for payment disputes.
DIGY is not a party to any transaction between users. We provide a platform for users to connect, but we do not participate in, oversee, or guarantee any exchanges.
When meeting other users:
We encourage users to leave reviews after transactions. Reviews help build trust in the community. Users with consistent positive reviews may have enhanced reputation status.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that:
We do not verify user identities. User reputation is based on transaction history and reviews only. We make no guarantees about the safety, legality, or quality of items or users.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIVERGENT GRAVEYARD LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:
OUR TOTAL LIABILITY SHALL NOT EXCEED $100 OR THE AMOUNT YOU PAID IN FEES IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.
You assume all risk for transactions with other users. We are not responsible for failed transactions, incomplete trades, payment disputes, or any harm resulting from user interactions.
You agree to indemnify, defend, and hold harmless Divergent Graveyard LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
DIGY does not mediate disputes between users. If a trade or sale does not go as planned, users must resolve the issue directly with each other. We are not responsible for incomplete transactions, payment disputes, or item condition disputes.
However, if a user violates these Terms or engages in fraudulent activity, you may report them to us at support@digy.gay. We may investigate and take action, including account suspension or termination.
These Terms are governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising from these Terms or the App shall be subject to the exclusive jurisdiction of the courts located in Pinellas County, Florida.
PLEASE READ THIS SECTION CAREFULLY. It affects your legal rights, including your right to file a lawsuit in court.
Any dispute arising from or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Pinellas County, Florida, or remotely via video conference.
Exceptions to Arbitration: You or we may assert claims in small claims court if they qualify. Additionally, either party may seek injunctive or equitable relief in court to prevent infringement of intellectual property rights.
YOU AND DIVERGENT GRAVEYARD LLC AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.There shall be no right or authority for any claims to be arbitrated or litigated on a class action basis.
You have the right to opt out of this arbitration agreement. To opt out, you must send written notice to us within 30 days of first accepting these Terms. The notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement. Send to:
Divergent Graveyard LLC
2027 36th Ave N Unit East
St Petersburg, FL 33713
Email: support@digy.gay
The App and its content, features, and functionality are owned by Divergent Graveyard LLC and are protected by copyright, trademark, and other intellectual property laws.
You retain ownership of content you post (photos, descriptions, etc.), but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content to operate and promote the App.
We may suspend or terminate your account at any time, with or without cause, with or without notice. Reasons for termination include, but are not limited to:
Upon termination, your right to use the App ceases immediately. Data retention is governed by our Privacy Policy.
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the App or website. We will notify you of material changes via email or in-app notification.
Your continued use of the App after changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the App and delete your account.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Divergent Graveyard LLC regarding the App, superseding any prior agreements.
If you have questions about these Terms, contact us:
Divergent Graveyard LLC
2027 36th Ave N Unit East
St Petersburg, FL 33713
Email: support@digy.gay
BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY.
YOU UNDERSTAND THAT DIGY DOES NOT PROCESS PAYMENTS, VERIFY IDENTITIES, OR GUARANTEE TRANSACTIONS. YOU ASSUME ALL RISK FOR TRADES AND PURCHASES WITH OTHER USERS.