Terms of Service
By installing, accessing, or using [Digtiup’s Platform] and any related applications, products, or services (collectively, “Services”), whether through our website, an authorized marketplace, or pursuant to an executed order form or online subscription process (an “Order”), you agree to be bound by these Terms of Services (the “Agreement”), as amended from time to time.
If you are entering into this Agreement on behalf of any company, organization, or other legal entity, you represent and warrant that you have full authority to bind such entity and its affiliates, and in such case, the terms “you/You” and “Your/your” shall also refer to such entity and its affiliates. If you do not possess such authority, or if you do not agree to all provisions of this Agreement, you must not access or use the Services.
You further represent and confirm that all information you provide in connection with your use of the Services is accurate, complete, and not misleading, and that you will timely pay all applicable fees, charges, and taxes arising from your Order in accordance with the applicable payment terms.
The Services may be subject to additional terms, policies, or conditions including but not limited to (insert links of DigitUp Terms of Services, Privacy Polices), which shall be deemed incorporated into this Agreement by reference.
This Agreement contains important provisions that govern your use of the Services and we retain all rights to modify this Agreement with out any prior notice and any such change shall be binding upon you.
Services : Digitup Solutions Private Limited (“Digitup”) provides a proprietary, integrated platform (“Platform”) designed to enable businesses to strengthen customer engagement and retention through a suite of modular solutions (“Product(s)”). The Platform may offer functionalities like (i) managing and displaying customer feedback and reviews, (ii) facilitating loyalty, rewards, or referral programs, (iii) enabling targeted communications through SMS, email, or other permitted digital channels, and (iv) offering such additional tools or features as may be specified in Order or as per mutually agreed between You and Digitup.
Ownership and Intellectual Property : Digitup retains all rights in intellectual property resulting from the Services including rights in the platform, services, technology, documentation, templates, analytics, and related materials alongwith any enhancements, usage data generated or feedback provided by users.
Usage Data : Digitup may collect and use technical and operational data relating to you and your end-users’ interaction while availing Services for the purposes of operating, improving and supporting its offerings and other business purposes.
Licenses : Your access to the Services is subject to timely payment of applicable fees and compliance with terms of this Agreement solely for business purposes as disclosed to Digitup.
Content : By accessing the Services, you hereby grant Digitup a non-exclusive, worldwide, royalty-free license to use, reproduce, process, display and adapt any content, data, and information that you submit during Services, or create, derive, or collect through your use of the Services.
Most Important Terms :
Open Source: Certain components of Digitup Services may be governed by open-source licenses, in which case the relevant license terms apply.
Restrictions on Use : While using the Services, you hereby agree to comply with applicable laws (including applicable data privacy and consumer laws) and further agree not misuse the Services or Digitup materials, including by sublicensing, distributing, reverse engineering, introducing malware, engaging in unlawful activities, or infringing third-party rights.
Suspension : Digitup may suspend Services if you breach any terms of this Agreement, fails to pay fees, or poses a risk to the platform’s security, availability, or integrity.
Service Interruption : Digitup may need to interrupt Your access to the Services to perform maintenance or emergency services on a scheduled or unscheduled basis.
INDEMNIFICATION : You agree to defend and indemnify the Digitup and any of its affiliates (if applicable) and hold harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Services, Your breach of this Agreement of Service, or Your conduct or actions.
NO WARRANTIES : You agree that Your use of the Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Digitup hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
LIMITATION ON LIABILITY : The Digitup is not liable for any damages that may occur to You because of Your use of the Services, to the fullest extent permitted by law. The maximum liability of the Digitup arising from or relating to this Agreement is limited to the lesser of Indian Rupees 1000/- (Indian Rupees One Thousand only) or the amount You paid to the Digitup in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
JURISDICTION, VENUE & GOVERNING LAW: Any disputes arising from this Agreement shall be governed as per laws of Union of India and courts of Gurugram, Haryana shall have exclusive jurisdiction over such disputes .
Communication : For any questions or concerns, please email at the following address: info@digitup.com.