This summary highlights the major points in our Terms & Conditions. We still advise you to read the whole document since you’re agreeing to all of them.
DataGummy (Service) is provided by Digecto LTD (us, we) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.
You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.
3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.2 Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organisation.
3.3 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
4.1 For current pricing and plans please see the pricing page located on our website.
4.2 We reserve the right to change pricing, plans and the features offered at any time and without notice to you.
5.1 All services are billed monthly in advance.
5.2 Invoice will be sent to your e-mail right after we receive your payment.
5.3 If you upgrade from a free or trial acccount you will be immediately charged for the necessary full account or accounts. Your monthly payment will be due from that date each month onwards.
5.4 Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.
5.5 It is a condition of use that a valid debit or credit card is provided at all times in order for your account or accounts to remain active.
5.6 Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.
6.1 Your account will renew (and therefore we'll charge your credit card) every month on the date that you provide your credit card on the Billing screen.
6.2 You may cancel your account or accounts at any time.
6.3 Cancellation can be done either by clicking "Cancel account" in Billing or emailing our Sales Support at sales@datagummy.com
6.4 No refunds will be provided for remaining unused days under a monthly account or accounts.
6.5 For 12-month accounts (where offered), no refund will be offered for all complete remaining months of the service not used.
7.1 Users have the ability to upgrade or downgrade their accounts and the services offered at any time.
7.2 Where an account is downgraded the applicable user will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.
7.3 Users should backup and download their data prior to requesting a downgrade in service.
7.4 No refunds will be offered for downgraded monthly accounts that have been downgraded before the monthly charge is due on the account. The new lower monthly charge will be automatically applied on the usual date of the monthly charge.
7.5 Where an account is upgraded the new higher monthly charge will be automatically applied on the next ususal date of the monthly charge.
7.6 In the case 12-month accounts (where offered) a partial refund will be offered for all complete remaining months of the service where the user downgrades the account. No refund will be offered for days remaining in the month of the downgrade.
7.7 Where a 12-month account is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.
8.1 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
8.2 Only one person may use a single free or trial account, the account cannot be shared amongst multiple individuals.
8.3 These Terms and Conditions apply to all trial or offer period accounts.
9.1 Technical support is provided via email and such other means as we decide in order to provide a proper service to users.
9.2 We reserve the right not to provide a full technical support service to free or trial account users.
10.1 As a user you agree not to do any of the following:
1. Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
3. Use or harvest data provided by other users in a way that they would object to.
4. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
5. Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
6. To pose as another user, third party or organisation employee for the purposes of obtaining user or third party information.
7. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
8. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.
9. Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
10. Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
11. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
12. Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
10.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of 50EUR for each and every individual email or other communication sent to a user or third party.
10.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
11.1 As a user you retain all ownership rights to content and data provided by you or your eCommerce platform. DataGummy is hosting this data on it's own servers (or cloud servers that belong to third party providers) encrypted and secured.
11.2 DataGummy doesn't share your data (including customer profiles, orders and etc.) with any third party companies and individuals.
11.3 DataGummy employees have the right to access your data (with your written approval) if neccessary to fulfill a support request.
11.4 You warrant that any content and data provided by you does not belong to a third party whose rights have been violated by the content or data being posted on to the Service. Furthermore if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from DataGummy.
11.5 You warrant that any content and data provided by you does not belong to a third party whose rights have been violated by the content or data being posted on to the Service. Furthermore if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.
12.1 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
12.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clause 11.
13.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our servers or infrastructure, or where the Service is unavailable for any other reason, whether within or outside our direct control.
14.1 We are not responsible for the accuracy of any content on the Service.
14.2 We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third party website or service by us.
We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.
Use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with Bulgarian law and shall be subject to the exclusive jurisdiction of the Bulgarian Courts.
DataGummy (by Affilian)
re: DataGummy Terms & Conditions
PO Box 1407
44 "Cherni Vrah" Blvd., floor 4
Sofia, Bulgaria
