Terms & Conditions - Digiteam

Terms of use for the service

October 1st 2018

Generals

These terms of use (hereinafter “Terms of use”) regulate the supply and use of a service through mobile application and websites, offered by SalesARM Digiteam, with registered office in Dubai Internet City (hereinafter the “Company”), which gives the opportunity to all those who download the SalesARM Digiteam application (the “Client” and related “Users”) to manage customers, events, meetings, professional activities, reports and more (the “Service”).

1. Using SalesARM Digiteam

Each Client may have only one Account. A User may be associated with multiple Clients and Accounts. Deleting a User from one Account will not remove the User from the Platform if he/she is connected to multiple Accounts.

The Client and any User associated with an Account must provide Company with true, accurate, current, and complete information about the Client, Users or Account and keep it up to date.

Company shall provide Client with a username and password (“Login Credentials”) to be used to log in to its Account. These Login Credentials must not be used by multiple persons. If Client has designated several Users, each User will be provided with separate Login Credentials. Client and each User are responsible for keeping confidential all login credentials associated with an Account.

Client may terminate these Terms at any time. Company shall permanently delete the Account after the effective date of the termination.

The use of an Account is subject to a Fee. Upon sign-up for an Account, the Client must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties. All Fees are non-refundable. If after signing up, Client elects to upgrade to a more expensive Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the more expensive Plan.

All Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. Client is solely responsible for the payment of such taxes, levies or duties.

2. Payment

Company may seek pre-authorization of Client’s credit card account prior to purchase of SalesARM Digiteam Services in order to verify that the credit card is valid and has the necessary funds or credit available to cover the purchase. You authorize Company to charge all sums described in these Terms to such credit card account.

3. Client data

If the Client uploads Client Data to the Platform, such Client Data and any processing of such Client Data must be in compliance with these Terms and applicable law. All rights, title and interest in and to the Client Data belong to the Client or third persons (including Users, persons and Organizations) whether posted and/or uploaded by the user or made available on or through the SalesARM Digiteam Services by Company. By uploading Client Data to the Platform, Client authorizes Company to process the Client Data. The Client is responsible for ensuring that:

This means that Client, and not Company, is entirely responsible for all Client Data that is uploaded, posted, transmitted, or otherwise made available through the SalesARM Digiteam Services, as well as for any actions taken by the Company or other Clients or Users as a result of such Client Data.

A Client may, in certain circumstances, allow the Company to expose their Client Data to other Clients or Users for training and marketing purposes. Company cannot, and does not, review all Client Data and does not endorse any Client Data.

Company may use Client Data in an aggregated and anonymized format for research, educational and other similar purposes. Company may not otherwise use or display Client Data without Client’s written consent. Company respects your right to exclusive ownership of your Client Data. Unless specifically permitted by you, your use of the SalesARM Digiteam Services does not grant Company the license to use, reproduce, adapt, modify, publish or distribute the Client Data created by you or stored in your Account for Company’s commercial, marketing or any similar purpose. Client expressly grants Company the right to use and analyze aggregate system activity data associated with use of the SalesARM Digiteam Services by Client and its Users for the purposes of optimizing, improving or enhancing the way the SalesARMDigiteam Services operate, and to create new features and functionality in connection with the SalesARM Digiteam Services in the sole discretion of Company.

Client is solely responsible for its own Client Data and the consequences of posting or publishing them on or through the SalesARM Service. In connection with Client Data, Client affirms, represents, and warrants that: (i) Client either owns its Client Data or has the necessary licenses, rights, consents, and permissions to use and authorize the Company to display or otherwise use the Client Data under all patent, trademark, copyright, trade secrets, or other proprietary rights in and to your Client Data in a manner consistent with the intended features of the SalesARM Services and these Terms.

4. Services

Subject to these Terms, and the payment of the applicable service Fee, Company grants Client and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to use the SalesARM Services to:

Company shall provide reasonable technical support to Client and its authorized User at the reasonable request of the Client. Company shall respond to enquiries of support from a Client utilizing the contacts set forth below as soon as reasonably possible. Responding to enquiries of Clients and Users who have accepted these Terms but do not have an Account may be less expedient, or may not occur at all. Contact e-mail: support@digiteam.com

Company reserves the right to modify the SalesARM Digiteam Services or any part or element thereof from time to time without prior notice, including, without limitation:

As applicable, Client may be notified of such modifications when logging in to the Account.

Company shall not be liable to the Client or to any third person for any modification, suspension or discontinuance of the SalesARM Digiteam Services, or any part or element thereof.

5. Restrictions

Client and its authorized Users may use the SalesARM Digiteam Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and applicable law. Neither the Client nor any User may:

6. Intellectual Property Rights

SalesARM Services, SalesARM Digiteam Materials, SalesARM Digiteam trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by Company. SalesARM Digiteam Materials are protected by copyright, trade dress, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. Your use of the SalesARM Digiteam Services and SalesARM Digiteam Materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein.

7. Limitation of Liability

You agree to defend, indemnify and hold harmless Company and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the SalesARM Digiteam Services, SalesARM Digiteam Materials, representations made to the Company, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with such defense of these claims.

Company shall not be liable to the Client or User for any consequences resulting from:

In addition, Company and its affiliates shall not be liable to the Client for any claim by any User, person, Organization or third persons against the Client arising out of the Client’s failure to:

In no event shall the aggregate liability of SalesARM Digiteam and its affiliates arising out of or related to these terms exceed the total amount paid by the client for SalesARM Digiteam services, giving rise to the liability in the six months preceding the first first incident out of which the liability arose.

8. Refer & Earn

If you refer other users from a different team you will earn 20% of the paid subscription for themselves and their entire team for the next 2 years. In addition you will earn 10% of all subscriptions paid by people referred by this person onwards.

Example: if you refer one person who has a team of 4. You will earn 20% of their 2 years subscription when paid (approx $240 if fully paid for 2 years for a team of 5). Furthermore, if this person refers 5 people you will again earn 10% of all referrals made by this person (approx $120).

SalesARM Digiteam Management will ensure you get rewarded for your referrals but in some restricting circumstances the management retains the right of not paying without the obligation to specify the reason. Payments will be done when the amounts are in excess of $250. Transfer cost will be deducted and an amount of $60 has to be left in the account to cover for 6 months’ subscription for the user.

9. Termination of Service

These Terms may be terminated upon written notice to the other party. Upon termination, Company shall deactivate and permanently delete the Account, as soon as reasonably practicable after the effective date of termination of these Terms. If the Client has specifically requested for an earlier deletion of the Account, Company shall fulfill such request within 1 month of its receipt of such request.

In case of termination, Client must stop using and prevent the further usage of the SalesARM Digiteam Services, including, without limitation, the Platform. Client must also pay any amounts owed to Company under these Terms; and discharge any liability incurred by the Client before under these Terms prior to their termination.

If Company terminates these Terms as a result of abreach by a Client or User, Company is entitled to use the same or similar remedies against any other persons who use the SalesARM Digiteam Services in conflict with these Terms. Notwithstanding the foregoing, Company may also apply any other remedies available to it under the applicable law. Upon application of any remedies, the Client or User may lose access or suffer a loss of certain features, functions, parts or elements of the SalesARM Digiteam Services.

If Company has reasonable grounds to believe that the Client’s or User’s use of the SalesARM Digiteam Services, including the Account may harm any third persons, Company has the right to take adequate measures under its control to prevent, stop and eliminate the harm, where possible, in order to protect those third persons.

10. General Restrictions and Dispute Resolution

In the event of a dispute, controversy or claim arising out of or in relation to these Terms, including but not limited to the formation, validity, breach or termination thereof, the parties shall attempt to solve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including legal remedies. Either party may seek injunctive relief with respect to any disputed matter to the extent possible under applicable law.

The parties will act solely as independent contractors. These Terms shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the Client and either Company, and the Client shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms are not for the benefit of any third parties.

All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.

Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of United Arab Emirates.

United Arab of Emirates is our country of domicile.

Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.

If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.

The cardholder must retain a copy of transaction records and Merchant policies and rules.

We accept payments online using Visa and MasterCard credit/debit card in AED
SalesARM will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctioned countries in accordance with the law of UAE.

In the event that transaction error has occurred through the absolute fault of SALESARM, a refund will in most cases be issued.

Terms of this agreement shall be governed by Independent English Language common law judiciary under the courts of the Dubai International Financial Centre (DIFC).

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