Terms and Conditions of Use (Version 1.6)
Effective and last updated: July 27, 2026
1. Operator, service, capacity, and acceptance
DmGby is a technology marketplace and public audiovisual discovery service operated in Colombia by Danilo Esteban Guzman Martinez. It is intended for business or professional use involving creator-classified RAW Footage and AI Raw Outputs for sensory marketing and related campaigns. Creators, ecommerce/agency buyers, and other users remain independent parties; no employment, subordination, partnership, mandate, or agency relationship is created.
Operator and service of notices: Danilo Esteban Guzman Martinez, natural person, identification document No. 1071433821. DmGby is the service and domain name, not a separate company or legal entity. Notice address: Cl 138 #159 A 8. Telephone: 3178102435. Legal and privacy email: guzmandanilo791@gmail.com.
Before any consumer-facing checkout is enabled, the operator must verify and display any additional tax registration, NIT, price, delivery, provider, and transaction information required by applicable ecommerce law. An inactive checkout screen does not replace that release condition.
Self-service signup permits creator and ecommerce roles, including configured Google sign-in after that choice; agency and administrator roles are provisioned separately. A Google identity does not change an existing role and an email match alone never links accounts. Signup is limited to users who affirm that they are at least 18 and legally capable. DmGby does not currently conduct documentary verification of age, identity, business status, authorship, or authority to represent a company. The user must provide accurate information, keep credentials confidential, and promptly report unauthorized use.
The signup server records the Terms/Privacy versions, language, acceptance time, and adult affirmation for new accounts. Existing or legacy accounts can have no stored acceptance for a later version; the system does not automatically convert continued use into a new recorded clickwrap. If mandatory law or a materially expanded purpose requires renewed acceptance, DmGby must present a separate affirmative mechanism before relying on it.
2. Creator uploads, classification, publication, and platform license
- If a creator selects RAW Footage or AI Raw Output, then the creator represents that the classification and supplied tags/niche are accurate. It is creator-supplied provenance, not a DmGby certification of how the asset was produced.
- If the server accepts an upload request, then it validates the current technical fields, duplicate hash, content category, and persisted creator price. Current limits—including MP4 delivery for audit, file size, categories, and price range—are operational controls shown by the product and may change prospectively; they do not guarantee quality or publication.
- If the creator has affirmatively accepted these version 1.6 Terms and uploads content, then the creator grants DmGby a worldwide, non-exclusive, royalty-free license limited to operating the service: storing, copying, backing up, auditing, transcoding, creating thumbnails/previews, applying protective watermarks, indexing metadata, publicly displaying and streaming approved previews, promoting the catalog listing, administering briefs, and delivering an acquired file under a valid license. DmGby may authorize contracted processors to perform only those acts needed to provide the service. Ownership is not transferred to DmGby.
- If the asset is removed before any sale and no legal, security, or dispute hold applies, then the operational license ends after reasonable deletion/propagation time. It survives only as needed for backups, audit evidence, provider cleanup, legal claims, or the technical retention disclosed in the Privacy Policy.
- If the asset has a registered sale, including a future paid brief sale, then the creator cannot use self-service deletion to defeat an existing buyer license. DmGby may preserve or reassign the asset record and evidence needed to honor that license.
- If the video only appears in a brief proposal and has no registered sale, then the current video-deletion route can remove the proposal rows and the asset. A completed-brief label alone is not a buyer license or a technical preservation guarantee.
The creator retains copyright and any non-waivable moral rights and represents having the rights and permissions needed for the submitted video, music, sound, voices, performances, identifiable people, locations/property, trademarks, product appearance, data, and AI-generation terms. The creator must disclose any limitation, royalty, attribution, consent, or third-party approval that would affect commercial use and must not upload unlawful, deceptive, exploitative, or unauthorized personal/sensitive data.
To the extent permitted by law, a creator is responsible for direct, documented claims, losses, and reasonable defense costs caused by a proven breach of those representations. This does not release DmGby, a buyer, or another party from its own conduct or from a duty that cannot legally be excluded.
3. Automated audit, publication decision, and review
The current platform audit uses Gemini to assess technical/visual quality, NSFW or graphic violence, apparent trademark or trade-dress signals, tag coherence and negative space, and AI artifacts such as morphing. Approved metadata is indexed through Cloudflare Workers AI and Vectorize. DmGby may reject, delay, de-list, reclassify, or remove content when the audit fails, provider processing is incomplete, a supported complaint exists, or safety, security, legal, or catalog integrity requires it.
- If the audit approves an asset and Stream accepts ingestion and assigns an identifier, then the database may mark it AVAILABLE and publish it even while Stream playback is still processing and temporarily asks the client to retry. Approval means only that the platform filter passed at that time.
- If the audit rejects an asset, then the reason is stored and the asset does not enter the normal public feed. The creator may request human review through the traceable contact form with the video ID and supporting evidence; no fixed six-month workflow or guaranteed outcome is promised by the current code.
- If an automated or human review approves content, then that decision is not legal clearance, proof of ownership, a guarantee of Brand Safety, a promise of no copyright/trademark claim, or a guarantee of campaign performance.
4. Buyer licenses and the exact formation condition
No new paid marketplace license can be formed through the current disabled checkout. Legacy licenses supported by an existing sale record remain subject to their recorded license type and the terms applicable at formation. A future license is formed only by this conjunction:
enabled provider + authenticated/authorized buyer + creator's server-persisted price + required legal affirmations + verified and settled payment + registered sale + authorized delivery = active license.
- If any element of the formation formula is missing, then a preview, displayed price, disabled button, server quote, local checkbox, provider redirect, or apparent success screen does not grant a license or right to the clean RAW file.
- If an authenticated user is linked to any legacy sales row for an asset, then the current playback/download authorization and receipt lookup can treat that row as a purchase or paid record without independently checking final settlement, license state, or reversal. This is a technical authorization and presentation gap; the row alone does not satisfy the formation formula, create a license, or prove payment, and DmGby must correct the affected routes.
- If a completed sale expressly records a Standard Commercial License, then the buyer receives a non-exclusive, perpetual, worldwide commercial license to edit, adapt, and incorporate the clip into the buyer's or its disclosed client's digital advertising, social-media, and marketing campaigns. The buyer may distribute the finished campaign, but not the standalone RAW source. The asset may remain available for other licenses unless removed for an operational, legal, account, or policy reason; already granted licenses survive.
- If a future checkout expressly offers an Exclusive Commercial License and the completed sale records that type, then only after settlement may the asset be marked sold_out and removed from new public licensing. The receipt or transaction-specific disclosure must state scope, client, transferability, and any extra conditions. Exclusive licensing is not currently offered by an enabled purchase flow, and silence never creates exclusivity.
White-label means that an authorized clean file may be used without a DmGby watermark or mandatory platform credit; it does not transfer the creator's authorship or non-waivable moral rights. Unless an individual license expressly says otherwise, the buyer may not resell, publish, distribute, sublicense, tokenize, or make the RAW source available as a competing stock asset; claim authorship; register the asset or its components as its exclusive intellectual property; use it unlawfully or deceptively; use it to train a model; or imply that the license includes a third-party trademark, music, image, voice, property, or publicity right that the creator did not validly grant. The buyer remains responsible for the final campaign context and any review required for its intended market.
5. Briefs, proposals, and awards
- If an authenticated agency, ecommerce account, or administrator publishes a valid brief, then DmGby records and shows its title, description, stated USD budget, status, agency, and proposal count to authenticated users. The publisher must describe the request accurately and have authority to make it.
- If a creator or administrator submits a proposal, then the selected video must belong to that creator and already be AVAILABLE, and the brief must still be open. The owning agency and administrators may see the creator identity, avatar, video, status, and dates.
- If a brief has proposals, is completed, or has payment history, then the publisher cannot unilaterally delete it through the current self-service route. A recent sign-in is also required for an otherwise eligible deletion.
- If checkout is disabled, then publishing or submitting does not reserve the budget, create escrow, pick a winner, transfer a license, create an employment relationship, or obligate DmGby to move money. Any award control remains preparatory only.
- If brief payments are later enabled, then the transaction must use the brief's server-persisted budget, verified provider state, recorded winner/sale, and the same settlement and legal safeguards that apply to marketplace purchases.
6. Dycademia, verified progress, and discovery benefits
Dycademia is a learning and product-activation feature, not an accredited school, degree, professional certification, employment promise, or guarantee of commercial results. The common unit is public and free; specialized creator and agency/ecommerce routes require an eligible account.
- If a guest finishes the common unit and selects a route, then DmGby may show the selected map and open signup with Creator or Ecommerce/Agency preselected. Claiming guest progress after signup is atomic and one-time; it does not create purchases, balances, licenses, or paid services.
- If the server verifies exercises in the required order and calculates at least an 80% result, then the attempt can award verified Mastery XP, progression, streak, and badges. A score supplied by the browser, a skipped prerequisite, a replay, or Practice XP alone cannot unlock a discovery benefit.
- If the server verifies completion of an eligible specialized unit or route and issues a benefit, then the user may activate it on one own eligible AVAILABLE video as Creator or one own open brief as Agency/Ecommerce. Activation lasts 72 hours, is non-transferable, and is limited to one active benefit per user and category.
- If an activated benefit is included in an eligible Trends experiment, then it is labeled “Dycademia discovery · not sponsored,” never occupies the first position, and never exceeds one academy-discovery card per ten results. Recent, Popular, search, and SEO results remain organic. No benefit guarantees position, views, sales, proposals, hires, or revenue.
- If a user manipulates attempts, answer order, routes, tokens, views, proposals, ownership, concurrency, or eligibility, then DmGby may reject or reverse the progress or benefit, exclude it from discovery, restrict the account, and preserve proportionate integrity evidence without removing any mandatory right to review.
7. Video Studio, source rights, private outputs, and creative credits
Video Studio is a private editing service controlled through Dy. It does not buy, sell, publish, license, or certify a source or result merely because a job is created or succeeds. Server rules—not browser-supplied values—select the eligible source, mode, provider, model, credit cost, status, and output destination.
- If an authenticated user uploads an MP4 directly inside Video Studio, then the file must be no larger than 25 MB and is stored as that account's private Studio source. It is not submitted to the marketplace audit, marked AVAILABLE, offered for sale, indexed, or added to a feed. The account must have the rights and permissions needed to possess and process it; an upload does not certify ownership or legal clearance.
- If a user selects a Video Studio source, then any authenticated role may select its own AVAILABLE video or its own private Studio source. An Agency/Ecommerce account may also select a video tied to a captured legacy marketplace intent or a future hybrid intent in paid state, with matching buyer and video and no recorded refund, reversal, or denial; an Administrator has no broader content right and may select only its own eligible material. Those records establish only technical eligibility in this feature and do not by themselves prove a license, ownership, settlement, or authority to edit. Arbitrary external source URLs are not accepted.
- If the user confirms the Video Studio rights declaration version video-studio-rights-v1 for a job, then the user represents having the rights, permissions, releases, and authority needed to transform the source, including its people, voices, performances, music, brands, property, and confidential or personal data, and authorizes DmGby and its processors to make the requested private edit. The confirmation is evidence for that job; it is not blanket consent for later jobs or automatic acceptance of a later general policy.
- If the user creates a Quick job, then the server reserves one creative credit and applies the supported trim, 9:16 or 16:9 aspect, fit, and audio choices through Cloudflare Media Transformations. Natural-language interpretation can be imperfect, and a successful transform is not a legal or creative-quality guarantee.
- If the user creates a Generative job while the feature and daily capacity are available, then the server reserves twelve creative credits, privately normalizes a prompt-selected scene of no more than ten seconds through Cloudflare Media Transformations, and may send that scene and instruction to the Google Gemini Omni Flash preview model. Provider safety controls can reject or alter a request, generated video can carry SynthID, preview behavior or availability can change, and DmGby does not promise a particular result.
- If a job produces a usable result, then the reserved credits remain consumed and the result is stored as a private R2/authorized Stream asset for the owner. It is not automatically uploaded to the marketplace, marked AVAILABLE, added to a public feed, licensed, sold, or represented as free of third-party rights; any later publication must use the normal upload and audit controls.
- If a job fails definitively before producing a usable result, then the exact reserved credits are returned once through an idempotent credit-ledger entry. If the provider outcome is ambiguous, the job and credits remain held in requires_review to prevent duplicate provider work or a double refund until reconciliation determines the result. A refund from that state requires a recently authenticated Administrator to record reconciliation evidence; the server then makes best-effort deletion attempts for retained private provider and output artifacts.
- If creative credits are granted or used, then they are integer service units with no cash value, creator 92/8 share, withdrawal right, transferability, interest, or exchange right. The current starter grant is twenty credits once per account. Buying additional credits remains disabled until a real payment provider, verified settlement, disclosures, refunds/reversals, and operational controls are implemented; DmGby will not simulate a purchase.
- If Google receives a file for a Generative job, then the Files service can retain it for up to 48 hours. After DmGby durably secures the private result, it requests deletion of provider input/output files on a best-effort basis; provider retention, safety records, logs, failed cleanup, and mandatory preservation remain governed by the applicable provider terms and Privacy Policy.
8. Current payment status and future gross 92/8 policy
PayPal has been retired for new orders, capture, webhooks, and payouts. Card and Lightning are modeled but remain configuration_required. Bitcoin on-chain is modeled only as a possible future creator withdrawal destination, not as an active checkout method. Wompi, ePayco, BTCPay Server, and LNbits are possible provider values in the preparatory schema, not connected services.
- If a creator saves a Lightning or Bitcoin destination, then the profile is prepared for a future withdrawal and a security alert may be sent. No balance, payment, or payout is created.
- If a buyer requests a quote today, then the server reads the persisted USD price and returns a disabled quote. A browser-provided amount is never the source of truth and the quote moves no money.
- If a provider is enabled later, then DmGby must configure credentials, authenticated exchange quotes where needed, signed/verified payment notifications, idempotency, settlement, reconciliation, refund/reversal handling, and operational controls before capture or payout.
- If the provider confirms the exact gross amount as paid and settled, then DmGby's economic policy calculates the creator share at a 92% target rounded to an integer minor unit and assigns the integer remainder to DmGby as the 8% target, so the two stored amounts always equal the confirmed gross even when a one-unit total cannot express both percentages exactly.
- If a card payment is later settled, then the creator share may become a pending virtual balance subject to reconciliation, reversals, holds, identity/security checks, available funds, exchange quotation, and a separately enabled withdrawal process.
- If a Lightning invoice is later reported paid and settled, then the confirmed satoshis may be allocated 92/8; no credit or transfer is final merely because the client displays success.
- If a user currently requests a withdrawal, refund, chargeback, or payment reversal, then DmGby's traceable support channel can record and follow up the request, but no active DmGby route executes that financial operation. Any applicable provider, bank, network, or statutory procedure remains separate until a verified payment integration and its operational controls are enabled.
If checkout is enabled, processor charges, actual USD/COP or USD/satoshi conversion, network fees, withholding, taxes, refunds, chargebacks, and reversals must be recorded and disclosed as separate actual entries; the preparatory schema is not evidence that those entries have already been booked. They must not be guessed as a fixed percentage or silently redefine the contractual gross 92/8 target. Before an enabled transaction or withdrawal, the product must disclose the total charge, currency, relevant delivery conditions, and any amount or cost that applicable law requires the user to see.
9. Delivery, withdrawal/retract, refunds, reversals, and claims
DmGby is designed for B2B/professional use, but a label does not remove mandatory rights if the facts make a user a consumer. While checkout is disabled, there is no new charge or delivery commitment. Once enabled, a verified settled purchase must make the authorized clean file or access method available within the time disclosed at checkout; provider evidence, a receipt, or a PDF is not a tax invoice unless it meets applicable tax requirements.
- If Colombian or other applicable law grants a withdrawal/retract right, then the holder may exercise it within the statutory conditions and period. An exception based on services already begun or immediate digital performance applies only if every legal condition and required express agreement is satisfied and preserved; a local checkbox with no completed order is not enough.
- If the payment is fraudulent, unauthorized, duplicated, not delivered, materially nonconforming, defective, or otherwise falls within a mandatory reversal/refund ground, then the buyer keeps the applicable direct claim and payment-provider procedure. These Terms do not impose a blanket no-refund or no-chargeback waiver.
- If a user files a claim through DmGby's contact form, then the service creates a reference and private tracking code and stores the request for follow-up. The claimant must preserve that code, provide sufficient facts/evidence, and also notify the enabled payment provider within any applicable deadline.
Fraudulent disputes, false evidence, duplicate recovery, or using a downloaded asset while knowingly seeking an inconsistent refund are prohibited. That prohibition does not restrict a good-faith statutory claim.
10. Acceptable use, third-party rights, and notice-and-action
Users may not break the law; impersonate another person; upload malware or harmful code; circumvent authentication, signed playback, download, rate-limit, moderation, or payment controls; scrape or overload the service without authorization; manipulate views, rankings, proposals, prices, sales, or reviews; harass users; publish deceptive briefs; or upload/distribute content that infringes copyright, trademark, privacy, publicity, image, data-protection, contractual, or other rights.
DmGby's software, interface, branding, logo, documentation, and non-user content remain protected by their respective rights. Access to the service does not grant a license to copy, reverse engineer, sell, or misuse those materials beyond what mandatory law permits.
A rights holder or authorized representative may file a traceable copyright/trademark request through Contact and support and provide identity/contact details, the protected work or right, the exact video ID or URL, the basis and evidence, and a good-faith statement. DmGby may preserve evidence, temporarily restrict the asset, notify the affected creator where appropriate, seek clarification, restore material after a supported response, or remove it. This process supports applicable law but does not itself guarantee a statutory safe harbor.
11. Restriction, deletion, availability, and responsibility
- If a user materially breaches these Terms or creates a credible legal, security, fraud, payment, or safety risk, then DmGby may rate-limit, pause, restrict, suspend, or terminate access and may preserve the minimum evidence needed to investigate or comply with law. A proportionate review can be requested through the traceable support channel.
- If a user requests account deletion, then recent authentication is required and unresolved payouts, captures, or financial review can block self-service deletion. D1 data is deleted, anonymized, or reassigned according to the Privacy Policy, while existing licenses, purchased assets, briefs, proposals, and financial/legal evidence may survive.
- If a cloud, AI, streaming, email, push, search, or future payment provider is unavailable, then the dependent feature may be delayed, degraded, or unavailable. DmGby does not guarantee uninterrupted uptime, publication, ranking position, views, proposals, sales, revenue, audit speed, or provider approval.
Each party remains responsible for its own acts and omissions. To the maximum extent permitted by law, DmGby is not responsible for indirect, speculative, or consequential losses that were not reasonably foreseeable and proven to result from its breach, nor for a creator's or buyer's unauthorized content or final campaign context. Nothing excludes liability, warranty, remedy, or burden of proof that mandatory law does not allow the parties to exclude.
12. Changes, governing law, support, and official sources
This version applies from July 27, 2026. A material change will be communicated before use when required. If renewed acceptance is legally required, DmGby must present an affirmative re-consent mechanism; the current code records version 1.6 only for new signups after release and does not automatically mark every existing account as accepting it. The separate video-studio-rights-v1 confirmation records only the individual editing job described above.
These Terms are governed by Colombian law without excluding mandatory rules of another competent jurisdiction. The parties should first use the traceable claim channel when permitted and without letting a statutory deadline expire. Colombian courts may hear disputes subject to mandatory venue, consumer, intellectual-property, data, and conflict-of-law rules. If a clause is invalid, the remainder continues to the extent legally possible.
The Spanish text is the primary agreement for the Colombian operator. The English version is provided for accessibility and must be interpreted consistently with the Spanish text and mandatory law. A transaction-specific confirmation prevails only for the price, license type, asset, parties, and other terms it expressly records; it cannot remove a mandatory right.
Primary traceable support and PQR channel: Contact and support. Secondary operational email: soporte@dmgby.com. Legal/privacy email: guzmandanilo791@gmail.com.