1. Acceptance of these Terms
These Terms of Service (the Terms) form a binding agreement between you and Saikat Dey, an individual based in Kolkata, India, who operates the website digonto.in and its subdomains (the Service). By accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
2. What the Service is
The Service is a personal portfolio together with a set of interactive browser experiments and articles, including but not limited to the harmonium pitch tool at /experiments/harmonium, the image conversion tools at /tools/images, and the blog at /blogs. The Service is offered free of charge and is supported in part by advertising.
3. Licence to use
We grant you a personal, non-exclusive, non-transferable, revocable licence to access and use the Service for lawful, non-commercial personal purposes, subject to these Terms. No other licence or right is granted, by implication or otherwise.
4. Acceptable use
You agree not to:
- Use the Service in violation of any applicable law or regulation, or in a way that infringes the rights of others.
- Scrape, crawl, or systematically download the Service in a manner that imposes an unreasonable load on our infrastructure, or that circumvents technical access controls.
- Reverse engineer, decompile, or attempt to derive the source of any compiled component (including WebAssembly modules) except to the extent expressly permitted by applicable law and not waivable by contract.
- Use the Service to harass, defame, or harm any individual, or to generate or distribute unlawful content.
- Probe, scan, or test the vulnerability of the Service, or breach any security or authentication measures.
- Interfere with the operation of the Service or with any other user’s enjoyment of it.
5. Your content
Several experiments let you load content from your own device. The harmonium tool uses your microphone, and the harmonium and image tools allow you to load audio or image files. As described in the Privacy Policy, this content is processed entirely in your browser and is not uploaded to our servers.
You retain all rights in any content you provide. We claim no ownership of it. You are solely responsible for ensuring that you have the rights necessary to process that content through the Service and that doing so does not infringe any third-party right.
6. Our intellectual property
All material on the Service that is not marked otherwise — including the source code we author, page designs, written articles, generated graphics, and the proprietary parts of the harmonium and image tools — is owned by us or licensed to us, and is protected by copyright and other intellectual-property laws. Some components are open-source third-party libraries used under their own licences; those licences govern those components.
Nothing in these Terms transfers any intellectual-property right to you. Quoting short excerpts of our articles for the purpose of commentary, education, or review, with attribution and a link, is welcome and falls within the fair-dealing exceptions under section 52 of the Indian Copyright Act, 1957 and equivalent laws elsewhere.
7. Third-party services
The Service uses third-party providers for hosting, content delivery, analytics, and advertising. Your interactions with advertisements and with content delivered through those providers are governed by the respective providers’ terms, including Google’s terms for AdSense and Google Analytics. We are not responsible for third-party content and do not endorse any advertised product or service.
8. Disclaimer of warranties
The Service is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or uninterrupted availability. To the maximum extent permitted by applicable law, we disclaim all such warranties.
The interactive experiments are provided as creative and educational works. They are not professional tools and you should not rely on their output for any safety, medical, financial, legal, or otherwise critical purpose. Pitch detection in particular is approximate and will not be free from error.
Nothing in this section excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence, or death or personal injury caused by negligence.
9. Limitation of liability
To the maximum extent permitted by applicable law, we will not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profit, revenue, data, business, opportunity, or goodwill, arising out of or in connection with your use of the Service, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you for all claims arising out of or in connection with the Service, however arising, is limited to one thousand Indian Rupees (₹1,000) or the equivalent in your local currency.
Nothing in this section excludes or limits liability that cannot be excluded or limited under applicable law.
10. Indemnification
You agree to indemnify and hold us harmless from any claim, demand, loss, or expense (including reasonable legal fees) brought by a third party that arises out of (a) your breach of these Terms, (b) your misuse of the Service, or (c) your infringement of any law or third-party right through your use of the Service. This indemnity does not extend to liability caused by our own negligence, wilful misconduct, or breach of these Terms.
11. Modifications
We may update these Terms from time to time. The effective date at the top of this page indicates the latest version. If a change is material, we will give reasonable notice through a banner on the Service before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
12. Suspension and termination
We may suspend or terminate your access to the Service at any time, without notice, if you breach these Terms or if your use threatens the security or integrity of the Service. You may stop using the Service at any time. Sections 5 to 10 and 13 to 17 survive termination.
13. Privacy
Our handling of personal data is described in the Privacy Policy, which is incorporated into these Terms by reference.
14. Governing law and jurisdiction
These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict-of-law principles. Subject to any non-excludable consumer-protection rights you may have in your jurisdiction of residence, the courts at Kolkata, West Bengal, India have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service.
15. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining provisions will continue in full force and effect.
16. Entire agreement
These Terms together with the Privacy Policy constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous understandings on that subject.
17. Contact
For questions about these Terms, write to us at saikatdey2100@gmail.com.