Terms and Conditions of Use (Version 2.1)

1. Operator, service, capacity, and acceptance

dy, previously known as DmGby, is the same technology marketplace and public audiovisual discovery service operated in Colombia by Danilo Esteban Guzman Martinez. The rebrand does not create a new platform, operator, contracting party, or legal entity and does not invalidate, replace, or reset existing contracts, licenses, authorizations, consents, requests, or records associated with the former name. The service 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. dy is the service and domain name, not a separate company or legal entity. Notice address: Cl 138 #159 A 8, Bogotá D.C., Colombia. Telephone: 3178102435. Legal and privacy email: soporte@dmgby.com.

Tax status and receipts: Natural person not responsible for Colombian VAT (IVA, art. 437 par. 3 Tax Statute); charges no VAT and is not required to issue a sales invoice (art. 1.6.1.4.3 Decree 1625 of 2016). Prices are final and include no VAT. After a verified payment the buyer receives a commercial receipt showing the operator's name and identification, the price and the license; it is not a sales invoice. A buyer that must support the cost for Colombian tax purposes may prepare its own "documento soporte" for purchases from parties not required to invoice with that data. Each buyer and creator remains responsible for its own taxes.

Self-service signup and sign-in use email plus password only for creator and ecommerce roles; agency and administrator roles are provisioned separately. Historical provider identity metadata does not authorize sign-in. A legacy account may establish a local password only through verified-email recovery. Signup is limited to users who affirm that they are at least 18 and legally capable. dy 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, dy 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 dy 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 2.1 Terms and uploads content, then the creator grants dy 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. dy may authorize contracted processors to perform only those acts needed to provide the service. Ownership is not transferred to dy.
• 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. dy 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 dy, 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. dy 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

A historical sales row alone is not a license and is not automatically converted into one. Any separately valid pre-existing license survives according to the evidence and terms that actually formed it. Standard, Category Exclusivity, and Catalog Buyout are separate one-time products, never subscriptions or automatically renewing access. A new marketplace license is formed only by this conjunction:

configured PayPal provider + authenticated/authorized buyer + active creator-approved product and server-persisted Standard default or Premium price + transaction-specific scope + required legal affirmations + server-verified COMPLETED capture + atomic grant/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 only to a historical sales row and no active, delivered license_grants record exists, then the row does not authorize private source playback, download, invoice presentation, or other buyer entitlement and does not prove payment or license formation. The current runtime requires an active license_grants record with authorized delivery; disputed legacy evidence requires individual review and is never converted automatically.
• 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. Standard uses dy's USD 49.99 platform default; the creator approves the product and attests the rights. The asset may remain available for other licenses unless removed for an operational, legal, account, or policy reason; already granted licenses survive.
• If a completed transaction expressly records Category Exclusivity, a buyer/client category, and a creator-approved term of 7, 30, or 90 days, then the buyer receives the Standard license plus a prospective hold inside dy's catalog: from the verified capture and atomic grant until the recorded expiry, dy will not grant a new marketplace license for the same asset to a buyer or disclosed client in the recorded competing category. The hold is limited to dy's catalog and does not promise market-wide or off-platform exclusivity unless a separate signed agreement expressly says so. Earlier valid licenses remain in force. At expiry the hold ends automatically, no renewal or new charge occurs, new catalog licenses may resume, and the buyer's underlying Standard usage rights remain subject to their recorded terms.
• If a completed transaction expressly records a Catalog Buyout at the creator-approved Premium one-time price, then after verified capture and the atomic grant dy withdraws that asset from new licenses in its catalog. The withdrawal is prospective: every earlier valid license survives, and the transaction-specific disclosure states the prior-grant count, client and scope. A Catalog Buyout is not a retroactive market-wide monopoly and does not transfer copyright, authorship, non-waivable moral rights, or third-party rights; any copyright assignment requires a separate express signed instrument.
• If any Standard, Category Exclusivity, or Catalog Buyout transaction completes, then it is charged once for the expressly selected offer. dy does not enroll the buyer in a subscription, membership, recurring billing, or automatic renewal. Silence, continued use, or expiry of a category hold cannot create a new charge.

Across all products, the creator retains copyright, authorship, and non-waivable moral rights unless a separate valid written assignment expressly states otherwise. White-label means that an authorized clean file may be used without a dy watermark or mandatory platform credit; it does not transfer those 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 components as its 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 dy 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 a creator submits or reconfirms a proposal for a paid award, then the creator must affirm the current Terms, ability to grant the disclosed rights, one-time 92/8 gross allocation, non-exclusive worldwide perpetual commercial scope, clean-source delivery, survival of prior licenses, no copyright transfer, adaptation permission and RAW-stock resale prohibition. dy stores a versioned snapshot, SHA-256 hash and server timestamp. Submitting still does not reserve funds, create escrow, pick a winner or create employment.
• If the paid-Brief interface reports PayPal Checkout configured and the owner selects a consented pending proposal, then dy uses only the server-persisted USD budget and exact submitted file. Only a matching PayPal COMPLETED capture verified by the server atomically records the sale, selected winner, rejected competing proposals, delivery grant and 92/8 ledger. An offer, redirect, browser message, PENDING capture or ambiguous provider result grants nothing.

6. 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 select another creator's video only when an active license_grants record matches that buyer and video and delivery_authorized_at is present. A sales row, captured legacy intent, provider redirect, or hybrid intent state never suffices by itself. An Administrator has no broader content right and may select only its own eligible material. 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 dy 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 Google Gemini Omni 1.1 Flash. Provider safety controls can reject or alter a request, generated video can carry SynthID, provider behavior or availability can change, and dy 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, no creator 92/8 share, no withdrawal right, no transferability, no interest, and no exchange right of any kind. The current starter grant is twenty credits once per account. Credits do not expire under the current Video Studio credit addendum, but access remains subject to these Terms, provider availability, safety controls, and applicable law.
• If an authenticated user selects a fixed Video Studio pack, gives all three unchecked confirmations, and PayPal returns a matching COMPLETED capture verified by dy's server, then dy grants exactly 24 credits for USD 5.99, 60 for USD 12.99, or 120 for USD 22.99 once through an append-only ledger. The payment is one-time and creates no subscription, renewal, marketplace license, creator revenue, or 92/8 allocation. A full verified refund or reversal removes the exact pack only when the account still holds at least that many credits; an insufficient balance, partial refund, dispute, conflicting event, or ambiguous outcome restricts further credit purchases and processing for manual reconciliation rather than creating a negative balance or duplicate grant.
• If Google receives a file for a Generative job, then the Files service can retain it for up to 48 hours. After dy 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.

7. PayPal Checkout, one-time pricing, and gross 92/8 policy

Catalog licenses and separately gated paid Brief awards use PayPal Checkout only when the interface reports the provider, credentials, merchant and verified webhook as configured. Buyers may use the PayPal wallet or a standalone debit/credit-card button only when PayPal declares it eligible. Standard is the fixed USD 49.99 platform default; creators choose optional Premium products and prices; a Brief award uses its persisted USD budget. Every product is one-time, not a subscription. Prices are set and charged in US dollars; as required by Law 1480 of 2011, art. 26, dy shows next to each price its approximate Colombian peso equivalent at the official TRM certified by the Superintendencia Financiera for that day, and the final peso amount is set by the buyer's card issuer or PayPal. Lightning, Wompi, ePayco, BTCPay Server and LNbits remain disabled. There is no self-service withdrawal or automatic payout: creators are paid manually by the operator through PayPal as described below.

• If a creator registers a PayPal payout email (required before uploading) or, voluntarily, a Lightning or Bitcoin destination, then the PayPal email becomes the destination for the manual payouts described below and a security alert may be sent. Saving it creates no balance or payment by itself, and Lightning/Bitcoin destinations are not used for payouts.
• If a buyer requests a marketplace quote, then the server reads the active offer, exact USD price, category locks and prior grants. A browser-provided amount is never the source of truth and the quote alone moves no money.
• If the buyer confirms the current Terms, Privacy Policy, adult status and immediate digital performance, then chooses PayPal or card, then the server records those transaction-specific confirmations, creates an immutable reservation and calls PayPal idempotently. PayPal processes the wallet or card credentials; dy never receives the full card number or PayPal password.
• If PayPal's authenticated API confirms the exact gross amount with capture status COMPLETED, then dy's economic policy calculates the creator share at a 92% target rounded to an integer minor unit and assigns the integer remainder to dy 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 the verified Standard one-time price is USD 49.99, then integer-cent rounding records USD 45.99 as the creator gross share and USD 4.00 as dy's gross share. Actual PayPal fees, taxes, refunds, chargebacks and reversals are separate entries and do not silently rewrite the contractual split.
• If a PayPal wallet or card capture completes, then the license may be delivered immediately after server verification, while the creator gross share remains pending until PayPal settles the payment and dy reconciles it.
• If a creator's gross share of a verified sale is settled and reconciled, with no open refund, reversal or dispute, then the operator sends that amount manually through PayPal, in USD, to the creator's registered PayPal email within 30 calendar days. If no valid email is registered or PayPal rejects the transfer, the amount remains owed and is sent within 30 calendar days after the creator corrects it. The dashboard shows recorded shares; it does not prove that a transfer was already sent. Each creator is responsible for declaring and paying its own taxes on what it receives.
• If PayPal sends a verified refund or reversal event, then dy records the event idempotently, appends the actual negative ledger entry, revokes the complete delivery authorization and any category lock, and preserves prior financial evidence without rewriting it. This revocation applies to a verified partial or full refund because the delivered license is indivisible; mandatory rights and provider procedures remain available.
• If a user requests a payout review, refund, chargeback, or payment reversal, then the user writes to the legal email, which records the request and the reply, and verified PayPal webhooks can record provider-executed refunds or reversals. There is no self-service withdrawal; any applicable PayPal, bank, card-network or statutory procedure also applies.

PayPal processor charges, withholding, taxes, refunds, chargebacks and reversals are recorded as separate actual entries when reported and are not recharacterized as the creator's 92% or dy's 8%. They must not be guessed as a fixed percentage or silently redefine the gross split. The checkout discloses the USD total and delivery condition; any additional external amount or tax treatment remains subject to applicable law and verified transaction facts.

8. Delivery, withdrawal/retract, refunds, reversals, and claims

dy is designed for B2B/professional use, but a label does not remove mandatory rights if the facts make a user a consumer. A server-verified COMPLETED capture atomically authorizes the clean file and records the license; a PENDING or ambiguous capture authorizes no delivery until reconciled. The dy receipt and license certificate are commercial documents, not a sales invoice (see section 1).

• If Colombian or other applicable law grants a withdrawal/retract right, then the holder may exercise it within the statutory conditions and period — in Colombia, five business days for distance sales (Law 1480 of 2011, art. 47). Because the buyer expressly requests immediate digital performance at checkout, dy treats the license as a service whose performance began with the consumer's agreement (art. 47, num. 1), so that right no longer applies once the clean file has been enabled; before the file is enabled, the buyer may still withdraw, and if a competent authority or mandatory rule decides otherwise, the buyer keeps the right. The exception applies only if every legal condition and the required express agreement is satisfied and preserved; a local checkbox with no completed order is not enough.
• If the payment is fraudulent, unauthorized, not delivered, materially nonconforming or defective, or otherwise falls within a mandatory reversal/refund ground, then under Law 1480 of 2011, art. 51 and Decree 587 of 2016 (Decree 1074 of 2015), a consumer who paid with a card or another electronic payment instrument may request a payment reversal within five business days after learning of the event: file the complaint with the operator at the legal email and notify the issuer of the payment instrument (bank, card issuer or PayPal); once requested, the reversal is completed within fifteen business days. The buyer also keeps any other 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, complaint or petition (PQR), then the user writes to the legal email; that email and the reply are the record of the request. The operator answers within fifteen business days, or within the shorter mandatory term that applies. The claimant should provide sufficient facts and evidence and, where relevant, also notify the payment provider within any applicable deadline. The user may also go to the SIC.

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.

9. 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.

dy'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 copyright/trademark request by writing to soporte@dmgby.com 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. dy 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.

10. Restriction, deletion, availability, and responsibility

• If a user materially breaches these Terms or creates a credible legal, security, fraud, payment, or safety risk, then dy 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 by writing to the legal email.
• 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. dy 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, dy 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.

11. Changes, governing law, support, and official sources

This version applies from August 25, 2026 and adds the separately gated paid-Brief award contract, creator proposal consent and exact server-verified adjudication described above while preserving transaction-specific catalog checkout. Existing accounts are not treated as accepting it merely through continued use: each checkout records affirmative acceptance of version 2.1, the current Privacy version, legal language, adult confirmation and immediate digital-performance request before an order is created; each paid proposal separately records the creator's scope and rights confirmation. A material later change will be communicated and re-consented when required. Optional analytics and video-studio-rights-v1 remain separate. Clarifications of September 30, 2026: they complete the operator's address and tax status, add the plain-language summary, replace the retired contact form with the legal email as the claims channel, spell out the statutory withdrawal and payment-reversal rules, state that the receipt is not an invoice, and define manual creator payouts within 30 days. They add no new obligation or cost for users and do not reduce any right; they only describe how the service actually works and add commitments of the operator. Clarification of October 1, 2026: prices now show their approximate Colombian peso equivalent at the official TRM. Clarification of October 2, 2026: catalog search runs only on dy's Cloudflare infrastructure, and no language model or external AI provider receives the search phrase. Clarification of October 4, 2026: the optional Help-only assistant explains public product information through DeepSeek under the separate disclosure in Privacy version 3.5. This describes an optional guidance service; it adds no purchase obligation or charge, changes no transaction scope and does not treat a help message as renewed acceptance of checkout terms.

These Terms are governed by Colombian law without excluding mandatory rules of another competent jurisdiction. The parties should first use the legal email 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.

Channel for support, PQR (petitions, complaints and claims) and legal notices: soporte@dmgby.com. Telephone: 3178102435. Technical errors can also be reported with the external form linked below, which does not identify you and does not replace this channel.

• Official Colombian Consumer Statute (Law 1480 of 2011, as amended)
• SIC consumer-protection portal
• Technical error form (Tally)