Terms and Conditions

Effective Date: July 1, 2024

These Terms and Conditions ("Terms") govern your access to and use of the publications and services ("Services") provided by DevInsight.io and Digispect Intelligence - David McGrath ("we," "us," or "our") on Substack, including our newsletter Magic Mobile and any related content.

By subscribing to or accessing our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not subscribe to or use our Services.

1. Eligibility

• Age Requirement: You must be at least 16 years old to subscribe to or use our Services.

• Compliance: You agree to comply with all applicable laws and regulations when using our Services.

2. Subscription and Payments

• Free and Paid Subscriptions: We offer both free and paid subscription options. Paid subscriptions grant access to additional content or features as specified.

• Payment Processing: Payments for paid subscriptions are processed by Substack and its third-party payment processors, such as Stripe. By subscribing, you agree to comply with Substack's payment terms.

• Pricing and Changes: We reserve the right to modify subscription fees or introduce new fees with prior notice to you. Price changes will not affect your current subscription period.

3. Cancellation

• Cancellation: You may cancel your subscription at any time through your Substack account settings.

4. User Conduct

• Prohibited Activities: You agree not to:

  • Use the Services for any unlawful purpose.

  • Share, distribute, or transmit any content that is defamatory, obscene, or infringing on others' rights.

  • Engage in any activity that could harm or disrupt the Services or other users' experience.

• Content Sharing: Our content is intended for your personal use only. You may not redistribute or share paid content without our express written permission.

5. Intellectual Property Rights

• Our Content: All content provided through our Services, including text, graphics, images, and logos, is owned by us or our licensors and is protected by intellectual property laws.

• Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the content for personal, non-commercial purposes.

• Restrictions: You may not reproduce, distribute, modify, or create derivative works from our content without our prior written consent.

6. User-Generated Content

• Comments and Feedback: If you submit comments, feedback, or other content ("User Content"), you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content.

• Responsibility: You are solely responsible for your User Content and must ensure it does not violate any laws or infringe on any third-party rights.

• Moderation: We reserve the right to review, edit, or remove User Content at our discretion.

7. Disclaimers

• No Professional Advice: The content provided through our Services is for informational purposes only and should not be considered professional advice.

• Availability: We strive to keep the Services available at all times but do not guarantee uninterrupted or error-free operation.

• Third-Party Content: Our Services may include links to third-party websites or content. We are not responsible for the accuracy or reliability of any third-party content.

8. Limitation of Liability

• Exclusion of Liability: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.

• Maximum Liability: Our total liability to you for any claims arising from these Terms or the Services shall not exceed the amount you have paid to us, if any, in the last twelve (12) months.

9. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, liabilities, damages, expenses, and costs (including legal fees) arising out of your violation of these Terms or misuse of the Services.

10. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

11. Data Sharing with Affiliated Services

We may share your personal information with our affiliated websites and services within the Digispect Intelligence - David McGrath group for purposes consistent with our Privacy Policy, such as cross-promotion and offering discounts.

Your Choices:

• Consent: We will only share your personal data with affiliated services with your explicit consent.

• Opt-Out: You can opt out of data sharing for marketing purposes by contacting us at privacy@digispectintelligence.com.

• Withdrawal of Consent: You can withdraw your consent at any time without affecting the lawfulness of prior processing.

12. Changes to the Terms

We may update these Terms from time to time. Any changes will be posted within our publications with an updated effective date. If the changes are significant, we will provide a more prominent notice or seek your consent where required by law.

13. Termination

• By You: You may terminate your subscription at any time.

• By Us: We reserve the right to suspend or terminate your access to the Services at our discretion, including for violation of these Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.

15. Dispute Resolution

• Negotiation: In the event of any dispute arising from these Terms, the parties agree to attempt to resolve the dispute through informal negotiation first.

• Jurisdiction: If a dispute cannot be resolved informally, it shall be submitted to the exclusive jurisdiction of the courts in Berlin, Germany.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Services.

18. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Email:

privacy@digispectintelligence.com

Address:

Digispect Intelligence - David McGrath

Rosenthaler Straße 72 A

10119 Berlin

Germany