Terms Of Service
1 .Overview
These terms of service (“Terms of Service”) are entered into between you and DES Digital Evolution. (“we,” or “us”). The Terms of Service govern your access to and use of the DES Digital Evolution website at https://app.digitalevolutionph, including any content, functionality, communication channels, software, and Services offered on or through it (the “Platform”).
By using the Platform, you agree to be bound and abide by these Terms of Service. DES Digital Evolution may terminate your ability to use the Platform without notice if you do not comply with these Terms of Service. If you do not agree to these Terms of Service, you must not access or use the Platform. You must be at least 18 years old to use the Platform.
DES Digital Evolution reserves the right to make changes to the Platform and to these Terms of Service at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of the revised Terms of Service means that you accept and agree to the changes.
All Information DES Digital Evolution collects on the Platform is subject to our Privacy Notice posted on the Platform. By using the Platform, you consent to all actions taken by us with respect to your Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into and governed by these Terms of Service. To the extent there is a conflict, these Terms of Service supersede the Privacy Notice. You agree that you will not upload any confidential or personal information onto the Platform except for personal information specifically requested by DES Digital Evolution pursuant to the Privacy Notice.
All Platform Content (as defined below) is current as of the date it is posted on the Platform to the best of DES Digital Evolution's knowledge. As used in these Terms of Service, references to the “DES Digital Evolution Team” include DES Digital Evolution, our owners, assigns, subsidiaries, affiliated companies, officers, and directors, and all parties involved in creating, producing, and/or delivering the Platform.
2. Services
DES Digital Evolution provides a multitude of product integrations and services (the “Services”) on the Platform, which you may subscribe to through the Platform. All references to the Platform include the Services. All Services are subject to these Terms of Service as well as the additional provisions below. The terms in these Terms of Service govern to the extent there is a direct conflict between the additional terms linked below and these Terms of Service.
a. Right to Modify the Services. We reserve the right to implement new elements as part of the Services including changes that may affect the previous mode of operation of the Services. We believe that any such modifications will enhance the overall Services, but it is possible that your opinion may vary.
b. No Contingency on Further Releases and Improvements. You understand that your purchase of Services on or through the Platform is not contingent on the delivery by us of any future release of any functionality or feature, including but not limited to the continuation of a certain Service beyond its current subscription term, or any third party services.
c. As-Is. The Platform is provided on an as-is basis as further described in Section 21, except as expressly provided otherwise in this Agreement.
d. Features. Features and terms used in connection with the Platform and Services such as “power dialer” may have some resemblance to those provided by others, but our Platform features and terms are specific to our Platform.
e. Additional Terms. Additional terms may apply to specific services and programs offered by DES Digital Evolution on the Platform. To the extent there is a conflict, these Terms of Service will take precedence.
3 .Intellectual Property
The Platform and its entire content, data, features, Services, and functionality (including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform) (“Platform Content”) are the property of DES Digital Evolution or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Platform Content does not include User Contribution(s), as defined below.
The DES Digital Evolution name and related logos are trademarks and service marks (“Marks”) of DES Digital Evolution. DES Digital Evolution Marks may not be used without advance written permission of DES Digital Evolution, including in connection with any product or service that is not provided by DES Digital Evolution, or in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents DES Digital Evolution. Other products or company names mentioned on the Platform may be trademarks or service marks of their respective owners.
A third party website may feature our logos or trademarks, with or without authorization. Our logos or trademarks featured in any third party website do not constitute or imply any approval, sponsorship, or endorsement of DES Digital Evolution.
If you believe that any content on the Platform violates your intellectual property rights, please notify DES Digital Evolution as described in Sections 18 and 31.
4 .Limited License And Prohibited Uses
DES Digital Evolution grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform. Except to make the Services available to you and your end users, as expressly permitted under these Terms of Service, any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Platform Content without prior permission of DES Digital Evolution is strictly prohibited. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Platform Content.
You, your employees, and your end user clients (“Clients”) may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree that you, your employees, and your Clients will not:
Use the Platform or any Services in any way that violates any applicable law or regulation.
Use the Platform or any Services for the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way.
Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
Transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
Impersonate or attempt to impersonate DES Digital Evolution, a DES Digital Evolution employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform or any Services, or which, as determined by DES Digital Evolution, may harm DES Digital Evolution or users of the Platform or expose them to liability.
Use the Platform or any Services in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without DES Digital Evolution's prior written consent.
Use any device, software or routine that interferes with the proper working of the Platform or any Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform, or any Services.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise, attempt to interfere with the proper working of the Platform or any Services.
5 .Customer/End User Conduct
In connection with your use of the Platform or Services, you agree that:
You, your employees, agents, and Clients will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms of Service.
You are fully responsible for your actions and the actions of your employees, agents, and Clients with respect to use of the Platform.
You are fully responsible for the use of the Services by your Clients. DES Digital Evolution's agreement is with you, not your Clients.
You, your employees, agents and Clients will not misrepresent the Services.
You will provide these Terms of Service to your employees, agents, and Clients and confirm that all employees, agents, and Clients understand that they are subject to these Terms of Service if they use or offer the Services.
You own or control all rights in and to all content you provide to DES Digital Evolution.
You will be solely responsible for all of your use of the Platform, including the quality and integrity of any data and other information made available to us by or for you through the use of the Services under these Terms of Service and each Service that you make available to your Clients.
You have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your Client’s data to us for use and disclosure in accordance with these Terms of Service and our Privacy Notice.
You, your employees, and your Clients will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providers.
6 .Your Use Of Communications Features of the Services
DES Digital Evolution is the provider of Services for your use, which may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. You agree that:
You are exclusively responsible for all communications sent using the Services, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act, and you agree that you understand and will comply with those laws.
You understand that your use of the Services may violate applicable laws if you do not comply with them. DES Digital Evolution is not responsible for your compliance with laws and does not represent that your use of the Services will comply with any laws. You should consult a lawyer for legal advice to ensure your communications comply with applicable law.
DES Digital Evolution is a technology platform communication service application provider only. DES Digital Evolution does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method;
You, not DES Digital Evolution, are the maker or initiator of any communications. You control the message, timing, sending, fraud prevention, and call blocking. The Service is purely reactive and sends messages only as arranged and proscribed by you. All communications, whether, without limitation, SMS, MMS or email, are created by and initiated by you and/or your Clients, whether generated by you or sent automatically via the Services at your direction.
Any customer data provided to DES Digital Evolution through any means, including without limitation, by inbound text, data imports, tablet sign-ins, API calls or manual entry, only includes data from individuals who have explicitly opted into your communications program and have explicitly agreed to receive your communications (whether by SMS, MMS, email, voice communication or other method) in accordance with applicable law, including without limitation the TCPA.
7 .Payment
a. Fees. If you choose to purchase one or more of the Services provided on the Platform, you agree to pay all fees (“Fees”) associated with the Services. Our monthly subscription provides tiered pricing for different levels of Services and products based on the Services you choose to use. In addition to our monthly subscription Services, you may purchase add-in Services for a one-time Fee or recurring subscription Fees. Fees may change from time to time. All Fees are exclusive of any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges (collectively, “Communications Surcharges”). You will pay all Communications Surcharges associated with your use of the Services. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable.
b. Any charges incurred by your purchase or use of the Services will be billed to the credit card we have on file. In the event you sign up for a Service that is ongoing and incurs recurring charges (such as a subscription), such charges will be billed in advance of Service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, and telephone number, and to provide us with any changes in such information within 10 days of the change.
If you are passing the obligation to pay Platform-related Fees to your Clients, you are solely responsible for all related transactions, including but not limited to refunds and charge backs of such Fees that are passed on. DES Digital Evolution is not responsible for resolving issues related to costs passed on to your Clients. Any fees passed on to Clients or other third parties must be amounts charged by DES Digital Evolution, without increase or markup.
c. Taxes. You are exclusively responsible for taxes and other governmental assessments (“Taxes”) associated with your use of the Platform, including all Taxes associated with the Services you order and any transactions you conduct with your Clients. DES Digital Evolution may collect Taxes from you as part of the Fees as it deems appropriate, and all DES Digital Evolution determinations regarding what Taxes to collect are final. DES Digital Evolution may recalculate and collect additional Taxes from you if it determines at any point that they are due. You will indemnify DES Digital Evolution for all Claims related to Taxes that are associated with your activities on the Platform, including any Taxes related to your transactions with your Clients, as described in Section 22. Taxes, like all Fees, are nonrefundable.
d. Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate performance of Services or delivery of products and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
e. Payment Disputes. You will notify us in writing within sixty (60) days of the date we bill you for any invoiced charges that you wish to dispute. You must pay all invoiced charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any fees, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All DES Digital Evolution determinations regarding your obligation to pay invoiced charges are final.
f. No Refunds. Except as described below, all Fees assessed by DES Digital Evolution are non-refundable, and DES Digital Evolution does not provide Fee refunds or credits for partially used or unused subscriptions. If you sign up for a Service subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. If DES Digital Evolution chooses at its sole discretion to issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
We reserve the right to issue refunds or credits at our sole discretion in the following situations:
1 . Where we materially modify these Terms of Service or Privacy Notice during a billing period and such modification adversely affects you, we may refund a portion of your subscription Fee equal to the remaining unused term, as we determine appropriate or as may be required by applicable law. To be eligible for a refund, you must provide written notice that (a) identifies your account and (b) requests cancellation of the specific Service. The cancellation will be effective upon our receipt of your notice and our determination that you are authorized to effect such cancellation. Please refer to the “Communications and Contact Information” section below on how to provide notice to us.
2 . Where a modification or interruption of Services adversely affects you and alternative remedies, as specified in these Terms of Service, are not available, we may refund a portion of your paid subscription Fee equal to the remaining unused term of your subscription, as we determine appropriate or as may be required by applicable law.
8 .Resale of Services (MAP Policy)
Some levels of the Services allow you to resell access to the version of the Platform that is customized for or by you. If you are authorized to resell access, you must comply with our minimum advertised price policy as described in this section and the provisions below.
a. Minimum Advertised Price. You cannot advertise access to the Platform for a price of less than $97 per month (the “MAP”).
b. Determining Advertised Price. The price at which you are advertising access to the Platform is determined after deduction of coupon discounts, rebates, value of product giveaways, gift card amounts, and other promotional offers, that have the effect of lowering an advertised price.
c. Media. This MAP policy applies to advertising in any media. However, this policy does not apply to advertising at a brick-and-mortar selling location that is not distributed or visible to customers outside that location, or final sale prices first disclosed to customers in “shopping carts” in web-based sales (so long as such prices cannot be retrieved by search engines or otherwise displayed to other customers).
d. Changes. The MAP is established by DES Digital Evolution and may be changed by DES Digital Evolution from time to time in its sole discretion. Any changes to the MAP will be communicated by a change to this section of these Terms of Service. DES Digital Evolution may also notify you of any change to the MAP.
e. Final Sale Price. This MAP policy applies only to the prices at which you advertise access to the Platform and does not restrict your ability to set the final price at which you resell access to the Platform. DES Digital Evolution will not sanction or otherwise penalize you solely for reselling access to the Platform below the MAP.
f. Exceptions. This MAP policy does not apply to advertising within any jurisdiction in which minimum advertised price policies are prohibited by law. It is a violation of this policy, however, to transmit an advertised price less than the MAP from any such jurisdiction to customers in any jurisdiction in which the policy is permissible.
g. European Union and United Kingdom. For sales into the European Union and United Kingdom, this MAP policy does not prohibit you from offering consumers discounts or communicating to consumers that their final price could differ from the MAP.
h. Resale Restrictions. When reselling the service, you agree that you are fully liable to your resale Clients for the Service and will handle all disputes and inquiries they have without any involvement from DES Digital Evolution, unless DES Digital Evolution offers to assist.
i. You Are Not DES Digital Evolution. Do not present yourself as DES Digital Evolution when reselling the Service, hold yourself out as a representative of DES Digital Evolution, or indicate that you are associated with DES Digital Evolution in any way. Do not direct your resale Clients to contact DES Digital Evolution for any reason, including for Service support.
j. Suspension and Termination. We may suspend or terminate your ability to resell Services as described in this section in our sole discretion and with or without advance notice to you if we determine that you are violating this Agreement or for any other reason.
9 .Excessive Data Usage
Your excessive data use may cause the Service to be slow or unavailable. We have no liability for the effect that your excessive data use may have on Service performance. We may (1) suspend or terminate your use of the Service or (2) reduce the amount of data you are able to use, with or without advance notice, if we determine in our sole discretion that your data use is excessive, abusive or has a negative effect on the Services in any way.
We provide the Service on a tiered-pricing basis, and some tiers can process more data with less impact on Service performance. Contact us if you would like more information about pricing for data usage that may be more appropriate for your needs.
10 .Training
DES Digital Evolution may offer training to you related to how to use the Services. All training and associated information conveyed as part of it (“Training”) is as-is, with no warranty, as explained further in Section 21 (Disclaimer). You know your own situation and your Clients, and you alone are responsible for how and whether you adopt any strategies learned through Training. DES Digital Evolution makes no guarantees that Training will produce any particular outcome, and Training may in rare cases be counterproductive depending on your situation.
11 .Data Stored on Our Servers
Subject to our Privacy Notice , you agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Platform. You acknowledge that we reserve the right to remove or terminate accounts that have not paid a subscription Fee, that remain inactive for longer than one (1) year, or that have violated one or more terms of this Agreement.
12 .Account Registration
To access portions of the Platform or to register for or use the Services, you will be asked to provide registration details or other Information. It is a condition of your use of the Platform that all Information you provide is complete, current, and accurate. All Information you provide to register with the Platform, complete a transaction through the Platform, or otherwise is governed by our Privacy Notice, and you consent to all actions DES Digital Evolution takes with respect to your Information consistent with our Privacy Notice.
13 .Use and Protection of Login Credentials
You are responsible for maintaining the confidentiality of your user name and password (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify DES Digital Evolution immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. DES Digital Evolution reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in DES Digital Evolution’s opinion, you have violated any provision of these Terms of Service. User accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Platform with his or her password.
14 .User Contributions
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us, the DES Digital Evolution Team, and our service providers, and each of their licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contribution you submit or contribute, and you, not DES Digital Evolution, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
By posting information on the Platform, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Platform, you agree that you will not post comments, messages, links, code, or other information that:
Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; or
breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Platform, or attempts to gain access to other network or server via your account on this Platform.
We are not responsible or liable to any third party for the content or accuracy of any User Contribution posted by you or any other user of the Platform, nor do we endorse the User Contribution of third parties. Further, we are not responsible for any failure or delay in removing such postings. While we do not monitor User Contributions, at our sole discretion, DES Digital Evolution may choose to unpublish or otherwise make not available for public viewing any material we deem unnecessary or inappropriate for use on our Platform.
15 .User Customization