DIGITORY TERMS OF USE

Last Modified: MAY 30, 2023, Effective: MAY 30, 2023

1. INTRODUCTION

These Terms of Use (“Terms”) constitute legally binding covenant between the individual (“You”) visiting this Website (https://digitory.group/) to obtain services, further accepting and agreeing to these Terms and Digitory Group PC (“Digitory”). By visiting this Website and interacting with it you agree and consent to the Terms, when applicable, in accordance with these Terms.

Digitory provides services to its clients who wish to improve their customer services and satisfaction by utilizing lead generation and custom app development. This means Digitory may collect information about visitors of this Website to improve Digitory services which may include personal data subject to protection. Digitory will take every possible measure to protect your personal data which may be collected and processed as per this Policy and applicable legislation.

By visiting this Website and interacting with it you agree to the terms of this Policy and consent to processing of your personal data, when applicable, in accordance with this Policy.

2. THE SERVICES

2.1. Digitory provides Services to its clients who wish to improve their customer services and satisfaction by utilizing lead generation and custom app development. This means Digitory offers Services to visitors of this Website upon certain conditions.

2.2. Specific terms of certain Services provided by Digitory may be applied via separate contract. These additional terms become part of your agreement with Digitory and all the policies made available to you via this Website. All of these constitute binding agreement.

2.3. This Website provides information on the Services and is a collection of graphic and informational materials, as well as computer programs and databases that may be introduced to access as content.

2.4. Information on the Services and a collection of graphic and informational materials, as well as computer programs and databases that may be introduced to access is made available by Digitory for the purpose of provides Services to its clients.

2.5. All Website content as well as trademarks, logos is owned by Digitory, and is protected by copyright and trademark laws, as well as intellectual property rights laws.

2.6. No content nor its part may be copied, reproduced or otherwise used in any way by any other third party on any other server, website, medium without Digitory consent.

2.7. It is not allowed to circumvent and/or gain access to the Website content through any means not purposely made available by Digitory. Digitory reserves the right to protect said content and to prevent any illicit and/or illegal activity.

2.8. It is not allowed to interfere with or damage operation of the Website and/or the Services by any means including uploading viruses, adware, spyware, worms, or any other malicious software.

2.9. This Website and/or the Services may contain links to third-party websites or applications. Such linked sites or applications are not under control of Digitory and Digitory may not be responsible for content of such websites or applications.

2.10. This Website and/or the Services may not used for any fraudulent, harassing or abusive purpose, or to damage or cause risk to business of Digitory or to any person or to any other third party. This Website and/or the Services may not used for any for any illegal purpose, or in violation of any applicable law.

3. LEAD GENERATION POLICY

3.1. Digitory, when providing services of lead generation, does not perform compliance to ensure that You have permits and licenses necessary for ordering the Services and displaying your advertised information and websites, and that the advertised information is compliant to Your local and/or applicable legislation on advertising activities.

3.2. You as an advertiser declare and guarantee that your advertising activities do not: promote goods, services or activities which are prohibited by Your local and/or applicable legislation; contain materials that violate the rights of any third party in any shape and form; contain or display violence, abusive content; promote any type of hate or discrimination on basis of race, ethnicity, religion, gender, etc.; contain fraudulent or misleading material, impersonate another third person; contain malware, automatically downloaded content, malicious scripts or password fishing scams.

3.3. Digitory may investigate Your advertising activities at own initiative if any illegal or fraudulent activities are suspected and suspend the Services at any time. Digitory reserves the right to amend or remove any advertised information at any time.

3.4. Digitory makes available different pricing types dependent on different actions: CPM (Cost Per Mille); CPC (Cost per Click); CPA (Cost per Action); CPL (Cost per Lead); CPV (Cost per view).

3.5. When using the Services You agree on a tracking system which would enable Digitory to track the agreed actions. You must ensure that the tracking system works correctly, any loss of tracking will be compensated against any costs or damages.

3.6. When using the Services You agree and acknowledge that Digitory is not responsible in case your websites and/or serves cannot support traffic directed to your websites and/or serves.

4. SOFTWARE USE POLICY

4.1. Digitory provides the Service by developing and granting access to the software tailored to Your business needs.

4.2. Specifics of the software requirements, terms of use and support may be laid out in a separate contract.

4.3. The software may be licensed or sold to you.

4.4. In case the software is licensed to you, You are granted a limited, revocable, nonexclusive, personal, nontransferable license during these a validity term to install and use 1 (one) copy of the software. You may not (and may not allow any third party to) sublicense, sell, assign, loan, share use or otherwise transfer the software or any of your rights and obligations under these Terms to any third party. You may not (and may not allow a third party to) copy, reproduce, capture, distribute any copyrighted content that you access or receive while using the software or the Services. You assume all risks and liability for any such prohibited use of copyrighted content. Digitory makes no warranties about the continued availability of the software in any form.

4.5. In case the software is sold to you all alienable exclusive rights to any software created by Digitory, as well as to the components and elements of such work, as well as other rights to the results of the Services belong to the client. The exclusive rights to the software are transferred in full. The client obtains the right to, at sole discretion, use the developed software. The territory of the software use is not limited.

4.6. The software must not be used for any fraudulent, harassing or abusive purpose, or to damage or cause risk to our business or to any person or to any other third party.

4.7. The software must not be used for any illegal purpose, or in violation of any local and/or applicable law.

4.8. It is not allowed to reverse engineer, disassemble or otherwise attempt to discover the source code of the software nor to modify, adapt, translate or create derivative works based upon it since the software is an object of intellectual property.

4.9. It is prohibited to interfere with or damage operation of the software by any means, including viruse, adware, spyware, worms, or any other malicious software.

5. DIGITORY PROPERTY

5.1. The Website and the Services are a property of Digitory and are accessible worldwide.

5.2. All content contained on the Website is owned and controlled by Digitory, and is protected by copyright, trademark and other applicable intellectual property rights.

5.3. None of the Website content may be copied, reproduced, published and/or posted, translated and/or transmitted in any way to any other digital device, website and/or server or any other medium of publication without Digitory consent.

5.4. Any unauthorized use and/or copying of any portion of the Website or any of its content, or obtaining and/or attempt to obtain any materials, documents or information through any means not purposely made available through the Website will be unlawful and illegal and Digitory reserves the right to prevent such activity.

5.5. Any activity aimed at use of the Website or the Services for any purpose that is unlawful or illegal, which infringes rights of Digitory or other third party. You agree that Digitory may, in its sole discretion and without prior notice when applicable, terminate your access to the Website and/or the Services. You agree that Digitory will not be liable to you or to any third party for termination of your access to the Website and/or the Services as a result of any violation on your part.

5.6. Digitory makes every effort to ensure the availability and flawless operation of the Website, however, takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond its control.

6. CONFIDENTIALITY AND PERSONAL DATA

6.1. Digitory will take every measure to protect your personal data which may be collected and processed as per the Privacy Policy when using the Website and/or the Services.

6.2. Transmission of information over the internet and website usage can be insecure, and although Digitory will take every measure to protect your personal data from unauthorized access, You acknowledge that we cannot always guarantee the security of information sent over the internet. Therefore You are responsible for maintaining confidentiality of your information, including passwords, or for any activity that occurs as a result of failing to keep this information secure and confidential.

7. RESPONSIBILITY OF DIGITORY

7.1. You hereby understand and acknowledge that the Website and/or the Services made available are provided with no assurances that the software will withstand attempts to evade security mechanisms or that there will be no circumvention. Digitory does not warrant that the software will be free of errors. You understand and agree that you use the Website and the Services at your own discretion and risk.

7.2. You agree to indemnify, save, and hold Digitory and its partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your misuse of the Website and/or the Services. Digitory reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Digitory, and you agree to cooperate with Digitory’s defense of these claims.

7.3. You confirm that Digitory will not be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) that result from Your use of or Your inability to use the Website and/or the Services.

7.4. You understand that in no event will the total liability of Digitory and its partners to You for any damages or losses arising out of use the Website and/or the Services exceed the amount paid by You, if any, for accessing the Website and/or the Services during the 12 (twelve) months prior to the date of the claim.

7.5. These Term shall be governed by the UNIDROIT Principles of International Commercial Contracts (2016) and, with respect to issues not covered by such Principles, by generally accepted principles of international commercial law. Any dispute arising out of these Terms or the interpretation thereof, shall be discussed by the parties and if possible resolved by negotiation. In the event that the matter cannot be so resolved, it shall be settled by arbitration as per the Digitory's choice.

8. FINAL PROVISIONS

8.1. These Terms become effective upon Your visit and use of the Website and/or the Services and is valid for an indefinite period. You may terminate these Terms by not using the Website and/or the Services.

8.2. This document will reflect any changes to the Terms. The Terms are valid indefinitely until replaced by a new version. The current version of the Terms is freely available on the Internet at the according Website address.

8.3. Digitory may, at its sole discretion, modify any part of these Terms at any time. Digitory will not oblige to notify you about the changes to the Terms. Your continued use of the Website and/or the Services means that you keep track on any updates to the Terms and accept and agree to the said changes when applicable.

8.4. You can get any clarifications on issues of interest concerning the Website and/or the Services via e-mail at https://digitory.group/.