DIGIFI Terms of Service

Last modified: April 24, 2022

Please review these terms (the “Agreement”) carefully. By accessing or using the Self-Serve Services offered by DIGIFI Inc. (“DIGIFI”, “we” or “us”), you are confirming that you have read, understand and accept this Agreement. This Agreement can be updated from time to time as set out in Section 37 below. You are responsible for regularly reviewing the most current version of this Agreement, which is published at: http://www.digifinetwork.com.com/tos, though we will notify you of any changes that, in our sole discretion, materially impact this Agreement. Continued use of the Self-Serve Services after any such changes have been made will constitute your consent to such changes. When we change this Agreement, we will update the “Last Modified” date above.

 

By using our Self-Serve Services, you confirm that:

 

  1. You will only use our Self-Serve Services for business and professional reasons;
  2. You are at least 18 years old or otherwise able to enter into a legally binding agreement;
  3. You accept and will comply with this Agreement;
  4. If you are using our Self-Serve Services as a representative of an organization, you have the power to enter into legally binding agreements for the organization; and
  5. You are responsible for anyone that uses our Self-Serve Services through your account, such as your employees, consultants or contractors (“Authorized Users”).

 

DIGIFI Terminology

  1. We use capitalization for terms that have a special meaning in this Agreement. While some terms are defined elsewhere, this section sets out the definitions of some key terms.

 

“Content” is a generic term that means all information and data (such as text, images, photos, videos, audio and documents) in any format that is uploaded to, downloaded from or appears on our Self-Serve Services.

 

“Customer Content” is Content that you or your Authorized Users provide to us, or upload to our Self-Serve Services.

“Self-Serve Services” means our websites, such as DIGIFI.com (and all its current and future subdomains), and mobile applications, and any services that you access or purchase through our websites or mobile applications, but do not include (a) DIGIFI’s Enterprise and Business plans, which are governed by different terms; or (b) Third-Party Services (see below for how we define those) that you access or use in connection with our services.

 

“you”, “your”, “Customer”, and similar terms mean the person or legal entity accessing or using the Self-Serve Services. For the avoidance of doubt, if you are accessing and using the Self-Serve Services on behalf of a company (such as your employer) or other legal entity, “you”, “your” or “Customer” means the company or other legal entity that you are using the Self-Serve Services on behalf of.

 

DIGIFI’s Self-Serve Services

  1. Subject to the rest of this Agreement, we will allow you and your Authorized Users to access and use our Self-Serve Services in the way set out in the plan you subscribed to. You may not use or access the Self-Serve Services in any other way, such as using robots, spiders, crawlers and scraping technologies.

 

  1. Our Self-Serve Services evolve constantly. We may change our Self-Serve Services, such as by changing, adding or removing features at any time, for any reason. We may or may not provide notice of those changes to you. We will not be liable to you or any third party for the modification, price change, suspension or discontinuance of any of our Self-Serve Services.

 

  1. Our Self-Serve Services interact with Social Networks and depend on the availability of those Social Networks and the features and functionality they make available to us, which we do not control and may change without notice. If at any time a Social Network stops making some or all of its features or functionality available to us, or available to us on reasonable terms as determined by DIGIFI in its sole discretion (each an “API Change”), we may stop providing access to those features or functionality and we will not be liable to you or any third party for any such change.

 

Acceptable Use Rules

  1. You and any Authorized Users using your account must comply with the Acceptable Use Rules and all laws. If we reasonably believe that you have breached the Acceptable Use Rules or any applicable law, we may, at any time and without notice, remove any of your Content and suspend, restrict or terminate your account or your access to the Self-Serve Services.

 

Customer Content

  1. You are solely responsible for Customer Content. We may, but do not have to, review, filter, block or remove Content, including Customer Content.

 

Submitted Content

  1. If you use the Self-Serve Services for contests or otherwise ask people to submit Content through the Self-Serve Services (“Submitted Content”), you acknowledge and agree that:

 

(A) the Self-Serve Services do not help you comply with any laws, rules, or regulations that may apply to your collection or use of Submitted Content, which is solely your responsibility; and

 

(B) we will not be liable to you or any third party for the Submitted Content, and we make no warranty that any Submitted Content obtained or displayed through the Self-Serve Services is accurate or complete.

 

Account Information

  1. You are responsible for the completeness, security, confidentiality and accuracy of the account information you provide to us. You will promptly notify us of any unauthorized access to or use of your log-in credentials or account.

 

 

Data Protection & the GDPR

 

  1. If your use of our Self-Serve Services includes processing Content that contains “personal data” that is subject to the General Data Protection Regulation (EU) 2016/679 or the California Consumer Privacy Act, you may enter into a Data Processing Addendum (“DPA”) with DIGIFI by emailing us here along with your customer details to request a pre-signed GDPR or CCPA DPA. Once you sign the DPA and return the signed copy by email, it will apply to the processing of personal information and be part of this Agreement. Please review our Privacy Policy (published at www. digifinetwork.com/ privacy) for more information on how we collect and use your personal information in our Self-Serve Services.

 

Confidentiality

  1. If we share non-public information about DIGIFI or our Self-Serve Services with you, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure of or access to that information.

 

Intellectual Property

  1. Customer Content. You retain your rights to any Customer Content you submit, post or display on or through the Self-Serve Services. You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, host, run, copy, reproduce, process, adapt, translate, modify, publish, transmit, display and distribute Customer Content for the purposes of providing, supporting, enhancing, and developing our products and services.

 

  1. Feedback. We welcome your suggestions, comments, bug reports, feature requests or other feedback (“Feedback”). We do not have to keep Feedback confidential, even if you tell us it is confidential. If you provide Feedback, you grant DIGIFI a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use the Feedback for any purpose.

 

  1. Self-Serve Services. We keep all rights and interests in our Self-Serve Services. The Self-Serve Services contain Content owned or licensed by DIGIFI (“DIGIFI Content”). DIGIFI Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and DIGIFI, we own and retain all rights in the Self-Serve Services and in any DIGIFI Content.

 

Cancellation and Termination of Self-Serve Services

 

  1. You may cancel or downgrade your Self-Serve Services plan at any time by following the steps outlined here: https://help.DIGIFI.com/hc/en-us/articles/204596100. If you cancel (or downgrade) paid Self-Serve Services, you must continue to pay for the rest of your plan term and you are not entitled to a refund.

 

  1. We may refuse to provide service (including the Self-Serve Services) to anyone for any reason at any time. We may also immediately suspend or terminate your access to our Self-Serve Services for any reason, at any time, without notifying you in advance. If we terminate this Agreement because you violated the Acceptable Use Rules or any other part of this Agreement, you will not receive a refund. If we terminate your access to the Self-Serve Services under this section for no reason, we will refund you for the Self-Serve Services you have not yet received.

 

Disclaimer of Warranties and Limitation of Liability

 

  1. We offer our Self-Serve Services “as is” and are not making any warranties, conditions, representations or guarantees of any kind, whether express, implied, statutory or otherwise, including all express or implied warranties of design, merchantability, fitness for a particular purpose, title, quality and non-infringement, that our Self-Serve Services will meet your requirements or that our Self-Serve Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. Use our Self-Serve Services at your own risk. You hereby release us and our affiliates and the directors, officers, employees, agents, licensors and service providers of DIGIFI and our affiliates (the “DIGIFI Parties”) from any claims, known or unknown, you have against them.

 

  1. We will not be liable for indirect, punitive, incidental, special, consequential or exemplary damages, or for loss of profits, goodwill or data or other intangible losses, that result from the use of, or inability to use, our Self-Serve Services or any other aspect of this Agreement. Under no circumstances will we be liable for any Third-Party Services, Social Networks or activities of third parties, any connection to or transmission from the Internet, or for any damage, loss or injury resulting from hacking, tampering, theft or other unauthorized access to or use of our Self-Serve Services or your account or the information contained in your account, including Customer Content.

 

 

  1. No advice or information, whether oral or written, obtained from us or elsewhere will create any warranty or condition not expressly stated in this Agreement.

 

  1. If you are dissatisfied with our Self-Serve Services or believe that you’ve been harmed by your use of our Self-Serve Services or this Agreement, you may terminate your use of our Self-Serve Services (as set out above). That termination is your sole and exclusive remedy (and our sole and exclusive liability) under this Agreement.

 

Claims and Disputes

 

  1. The Egyptian law will govern any dispute, cause of action or claim arising out of this Agreement or your use of our Self-Serve Services, including against any DIGIFI Party (“Dispute”), without giving effect to conflict-of-law principles.

 

  1. If you breach this Agreement or violate our rights or another person’s rights, we may ask a court to stop you; if we bring a claim against you, you will reimburse us for our reasonable legal fees for that claim.