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Dijit.app General Software License Terms and Conditions

The AI data extraction software with OCR and the dijit.app website are the property of DIJIT LABS OÜ, 16602801, (“the company”). Email: legal@dijit.app.

The clauses contained in this agreement regulate the terms of the license to use ("Use License") of the company's data and document management software, accessible through the dijit.app website ("Software"), designed to companies, consultants or advisors. This license is granted by the company to clients who contract with dijit.app through the Dijit website at the URL https://www.dijit.app ("Site") and through any contracting tool or platform available within the framework of the Dijit.app software.

The execution and acceptance of this contract and these general conditions by the user ("Client") is an essential requirement at all times.

  • Persons under 18 years of age are not permitted to use the User License provided by Dijit.app.
  • The client assumes responsibility for the veracity of the data provided to Dijit.app at all times, committing to request its modification if necessary, in order to guarantee the correct provision of services in accordance with this contract.
  • Acceptance of these terms ("General Conditions") establishes an agreement between Dijit.app and the Client ("Agreement").
  • dijit.app software: Program for companies and consultancies

 

Dijit.app's data management and document management software has been designed and is intended to be used by clients for business or professional purposes only. In particular, Customer represents and warrants that it will not use the License for end-user commercial purposes. 

As professionals, Dijit.app and the Client agree to exclude the obligations established in articles 5 and 6 of Directive 2000/31/EC of the European Parliament and of the Council, of June 8, 2000, relating to certain legal aspects of services of the information society, in particular electronic commerce in the internal market ('Electronic Commerce Directive'), regarding the provision of certain information before and after the termination of the contracted service.

 

1. Definition and scope of the use license

1.1. General definition and scope

By accepting these General Terms and Conditions, Dijit.app grants the Client a license to use the data management and document management software. This User License allows the Client to use the Software as a Service (SaaS), which can be accessed through the Website in accordance with the contracted plan. To access the service, the Client must enter a username and password, which will allow them to access a private and secure area, specialized in the digitization of document data. Through this service, the Client will be able to use the program, manage business documents and manage company expenses and consultancies through the Internet, using their own data or those of their clients and suppliers. The license is granted on a non-exclusive and non-transferable basis and does not grant the Client rights over the industrial and intellectual property of Dijit.app.

1.2. Features applicable to Clients who have subscribed to a License to be used by their advisors through the Dijit.app software

The License modality called "Advisor User" allows professionals and consultants who operate under this modality to create multiple "sub-accounts" on behalf of the clients to whom they provide services ("Advisor Client" or "Consultant Client").

Creating a subaccount (“Advisory Client Subscription”) can be done in two ways:

(i) The Advisor creates a subaccount on behalf of its client but does not provide access to it. In this case, the Advisor's Client does not have access to the Software.

(ii) The Advisor creates a sub-account on behalf of its client and provides access to it. In this case, the Advisor's Client has access to the subaccount created in his name and can use the Program with a personal username and password.

To obtain such access, the Advisor's Client must accept these General Terms and Conditions, which are understood as a document evidencing that the Advisor's Client is aware of its contractual obligations with the Advisor and agrees to use the Software in good faith and in accordance with the terms of this Agreement.

In any case, it is established that, for the purposes of meeting the Client's eligibility, the advisors will be responsible to Dijit for compliance with this Agreement and for any breach of the terms of this Agreement by them or any of their clients. .

Specifically, and only by way of clarification, it is established that: (i) the Advisor, as Client, will be responsible for the payment obligations of the agreed amount (as he is the one who contracted the commission for the services); and that (ii) the Advisor will be the only one authorized to maintain, renew or terminate the Use License with all the consequences that this entails (including the end of access to and management of the information).

Advisor Client Information.

The Advisor is solely responsible for maintaining its client's information until the license to use it expires and for ensuring that its client retains the information. Dijit assumes no obligation or liability to the Advisor Client in this regard.

1.3. Clients can grant their advisors access to user licenses

Alternatively, clients can invite their advisors to access their accounts, providing them with a personalized account. In this case, the mere access of a third party to the Client's account does not convert said third party into a Dijit Client. In any case, the Client will be responsible for ensuring that the advisor complies with the provisions of this Agreement. The client's advisor must accept these terms and conditions of use of the License.

2. Obligations of Dijit.app

In accordance with the Agreement, Dijit agrees to provide the maintenance, daily operations and support necessary for the proper functioning of the Software.

Dijit will use commercially reasonable efforts to maintain the Software in optimal usable condition 24 hours a day, 7 days a week. However, Dijit is not responsible for any downtime or interruption of the website caused by third parties or by any unforeseen events not related to Dijit, or by force majeure circumstances.

Dijit reserves the right to discontinue the service provided through the Software if maintenance, updating or improvement is necessary for as long as necessary. Dijit will do everything possible to minimize the duration of the outage and minimize the impact to the customer. In this sense, maintenance tasks will be scheduled, to the extent possible, outside business hours.

3. Own and Third Party Services

3.1. own services

Through this cost management and document management software, Dijit directly provides the client with services for reading and extracting data from various business documents, intelligent indexing of such information in a database, downloading services from the databases in various formats, as well as the document storage service and other Dijit functions offered to the client and their advisor and/or the advisor and their clients.

The subscription is selected by the client during the contracting process. All of these features are specifically designed by Dijit to make business management easier from start to finish. If a service provided by Dijit requires the communication of passwords or credentials, the client's prior express consent will be required.

3.2. Thirdparty services

Dijit may provide third party products or services, as well as applications and other consulting or management services external to Dijit. These services are not provided directly by Dijit, but are only offered by third-party companies other than Dijit, so Dijit's intervention in these cases will only be as an intermediary.

The final service provider is solely responsible for the services provided. The services provided by third parties will be subject to the general and particular conditions established by the service provider, which must be accepted at the time of contracting.

Any use of third-party products or services by the customer and any exchange of information between the customer and the third party will be directly between the customer and the third-party service provider. Dijit will not be responsible for any consequences arising from such interaction. The client expressly accepts this limitation of liability.

4. Validity and extensions

4.1. Contract Term

The contract between Dijit and the client will be considered formalized and will come into force on the date on which the client accepts these general conditions and satisfactorily completes the contracting procedure. The initial contract period is selected by the client at the time of contract and lasts one (1) year from the start date of the contract.

There are 2 payment methods, annual payment and monthly payment. In case of monthly payment, it is established that the number of documents to be processed monthly will have the limit established according to the chosen plan, but cumulative to the following months if the limit is not reached. In the case of annual payment, the limit is 12 months or upon reaching the maximum number of established documents to process, depending on the chosen plan.

4.2. Contract renovation

This initial period will be automatically extended for the same period initially selected, unless one of the parties communicates to the other its intention not to renew the contract, by means of prior notice or other cause for termination provided for in the following section of these general conditions.

4.3 Termination Notification

If the client wishes to terminate the contract at the end of the current period, they must notify Dijit of their intention not to renew at least 30 days before the renewal date. This notification must be made in writing and sent through the communication channels established by Dijit. In the absence of this notification, the contract will be automatically renewed and the amount corresponding to the following period will be invoiced.

4.4. Lack of Notification

If the customer fails to comply with the 30-day notice period prior to the renewal date, Dijit reserves the right to continue billing the customer for the service provided. In this case, the contract will be considered automatically renewed for the same period initially selected and the client will be responsible for paying the amount corresponding to the following period. This amount will be invoiced and collected in accordance with the payment conditions agreed in the contract.

5. Payments and billing

5.1. Amounts and Payment Methods

The cost of the User License (excluding applicable taxes) and its payment method will be determined by the Client in accordance with the type of plan chosen, which are available on the Dijit website during the term of the Agreement.

There are two main payment methods, which are linked to the duration of the use license acquired by the Client:

– Monthly Payment: In this modality, clients pay a monthly fee that is paid in advance, according to the selected plan.

– Annual Payment: In this modality, clients pay an annual fee that is paid in advance, according to the selected plan.

Plans available on the Dijit website  They offer different features to adapt to the needs of different types of companies or consultancies. These plans are subject to change, and Dijit may add new plans or delete any existing plans at any time.

The payment method will be selected by the Client among the options available at the time of contracting, either by credit card or direct debit. Dijit reserves the right to offer additional payment methods or cancel any existing payment method at any time. It is important to note that the payment method through SEPA (Single Euro Payments Area) is currently only available for companies registered in Spain.

5.2. Payment in advance

Payment for the User License will be made in advance, that is, at the beginning of the month or year of service, depending on the payment method selected by the Client. This means that the Customer must make the corresponding payment before the service period begins. Once payment has been made, Dijit will provide the Client with access to the Software and the corresponding services for the agreed period of time. In the event that Customer fails to make advance payment, Dijit reserves the right to suspend or terminate access to the Software and services until full payment is received.

5.3. Additional services

In addition to the services included in the plan selected by the Client, Dijit may offer additional or special services ("Additional Services") that are not covered by the plan fee. These may include, for example, additional document packages to those included in the contracted plan.

If the Client decides to contract these Additional Services, they will be informed in advance of the associated cost and must make payment immediately. This payment will be made automatically at the time of contracting the Additional Service and will not be refundable, even if the Client decides to cancel the Additional Service after having contracted it.

It is important to highlight that the contracting of Additional Services is completely optional and is intended to provide the Client with greater flexibility and options to adapt to their specific needs. Dijit undertakes to provide clear and transparent information about the costs of these Additional Services before contracting them.

5.4. Price Update

Dijit reserves the right to review and update its prices at any time. In the event of a change in prices that affects the next validity period of the User License, Dijit will notify the Client in writing (including by email) at least thirty (30) days in advance of the date of contract renovation.

If Dijit notifies Customer of a price change less than thirty (30) days prior to the renewal date, Customer will have the right to request a one-month free trial period to evaluate whether to continue the Dijit subscription. or if you prefer not to renew the service.

In the event that the Client does not express his intention not to renew the contract or to request the free trial period within fifteen (15) days following notification of the price change, it will be understood that the Client accepts the price update. . In this case, the new price will apply from the next validity period of the User License.

5.5. Billing and Payment

The Client expressly authorizes Dijit to issue electronic invoices for the services provided, in accordance with the applicable legislation of the European Union. Dijit guarantees the authenticity of the origin and the integrity of the content of the invoices.

At the time of the initial contract, the Client will see on the screen the price of the User License for the duration of the contract. Payment can be made at any time by credit card, direct debit or any other payment method indicated by Dijit.

The Customer must follow all on-screen instructions to proceed with the payment. As an electronic payment system, Dijit uses an e-commerce payment gateway. All data provided for these purposes is securely transmitted to the Dijit server using the SSL (Secure Socket Layer) protocol.

The Dijit server that stores payment information is Stripe, a secure payment system that complies with the standards set by the Payment Card Industry Data Security Standard (PCI DSS). This ensures that the Customer's payment details are protected and secure at all times.

5.6. Taxes

Both parties will be responsible for complying with their respective tax obligations in accordance with the applicable legislation in their jurisdiction. The prices indicated on the Dijit website do not include taxes, which will be added to the final price according to the applicable tax rate.

5.7. Delays and Nonpayments

The Client is aware that any delay or non-payment of the corresponding fees may cause significant damage to Dijit. In case of non-payment or late payment, Dijit reserves the right to apply a contractual penalty of 39 euros for management and return costs.

Non-payment or late payment will be considered a material breach of this Agreement, and Dijit may elect to immediately terminate the contractual relationship with the Client.

5.8. Cancellation and Return Policy

Annual contracts renew automatically. If the Customer wishes to cancel their annual subscription, they must notify Dijit before the end of the current contract year. No refunds will be made for payments already made, unless a legal exception applies. It is the Customer's responsibility to cancel their subscription in time if they do not want it to renew automatically.

6. Updates and New Services in the Software

Dijit reserves the right to modify the features of the Software at any time to adapt to technological advances, legislative changes, incorporate new functionalities, correct errors or improve the performance or security of its functions, even if this implies changes in the user experience. user ("Updates").

It is important to highlight that Dijit Software is a system in constant evolution. Our goal is to provide the most complete ecosystem possible, with functions that adapt to the rapid development of technology, in order to facilitate the management of our clients' businesses through this document and cost management software.

Therefore, Dijit may add new services and functionalities to the Software at any time. In general, customers are free to decide whether they want to use these new services and functionalities or not. However, it is the Customer's responsibility to stay informed of these Updates and to adapt their use of the Software accordingly.

7. Authorized User

Persons accepting these General Terms and Conditions on behalf of the Client represent and warrant that they have the necessary authority to represent the Client and bind him to this Agreement.

 

8. Obligations and Responsibilities of the Client

(i) The Customer agrees to use the Software in accordance with these General Terms and Conditions and with all applicable laws and regulations.

(ii) The Customer acknowledges and agrees that it is solely responsible for its use of the Software and any consequences arising from such use.

(iii) The Customer is responsible for ensuring that its computer systems are adequately equipped and have the necessary connections to access and use the Software. Dijit is not responsible for the Client's equipment and connections.

(iv) The Client agrees not to attempt to obtain information or access the Software by means other than those provided or permitted by Dijit.

(v) Customer acknowledges that the usernames and passwords provided to access and use the Software are confidential and personal. The Client agrees not to share these credentials with third parties and to be solely responsible for their management.

(vi) The Client undertakes to use the Software in a reasonable, legal and good faith manner, respecting the rights and freedoms of third parties.

(vii) The Client undertakes to respect the intellectual and industrial property rights of Dijit, including, but not limited to, the obligations established in section 10 of these General Terms and Conditions.

 

9. Reasonable, Legal and Fair Use

The Customer agrees to use the Software in a reasonable, fair, legal and good faith manner. The use of the Software fraudulently or for the benefit of third parties who are not covered by the contracted service is strictly prohibited. This obligation extends to all users authorized to access the Client's account.

9.1. Fair Use of Subscriptions

All subscriptions that offer unlimited use of certain resources (e.g. user management) are subject to a fair usage policy. The Customer may not use the Software for the benefit of a third party, unless the service has been contracted specifically for that third party. Therefore, it is strictly prohibited to use a Client's account to manage information that does not belong to the Client or the third party beneficiary.

Dijit reserves the right to take measures in the event of anomalous or excessive use of the Software, understood as use that differs substantially from the average of Clients who have contracted the same type of subscription. These measures may include warnings, temporary suspension of the Software or termination of the Agreement.

9.2. Fraudulent Use of Roles

The Client cannot create roles fraudulently for uses other than those specified in the contracted Software. For example, a non-advisory Client is strictly prohibited from providing access to the Software to third parties outside of its own organization or that of its representative advisor. Dijit reserves the right to take action in the event of fraudulent use of roles, including termination of the Contract and seeking compensation for damages.

10. Intellectual and Industrial Property Rights

All intellectual and industrial property rights of the Software (including Modifications) will be the exclusive property of Dijit and must be considered by the Client as confidential information of Dijit.

Dijit only grants the Customer a license to use the Software (including Modifications), non-exclusive and non-transferable, solely for the use by the Customer of the Software in accordance with the provisions of these General Conditions.

In no case will the General Conditions be interpreted as an assignment to the Client of any intellectual or industrial property rights over the Software or the Modifications or any other element thereof, the design of the Software being the exclusive property of Dijit, both from the point of view technical, as graphic and its content.

In no case does Dijit authorize its Clients to use the Dijit brand (understood as such, including the mere reproduction of the dijit brand, its logo or any other distinctive sign), the foregoing unless expressly consented in writing by Dijit, prior authorization request by the Client.

11. Suspension of Service and Termination

11.1. Suspension

Dijit reserves the right to suspend the Service at any time and without prior notice to those Clients who fail to comply with these General Terms and Conditions.

11.2. Termination for Default

Either party may terminate this Agreement in the event of a breach of the other party's obligations. If the breach can be corrected, the affected party must give the other party a period of fifteen (15) days to correct the breach. If the breach is not corrected within this period, or if it is considered insurmountable or makes compliance with the Agreement impossible for the affected party, termination may be immediate. In any case, the affected party reserves the right to claim damages, as well as to suspend the Service in accordance with these General Terms and Conditions.

11.3. Effects of Termination or Suspension

Once the Agreement is terminated or the Service is suspended, Dijit will invoice, if applicable, the proportional amount of the last installment accrued until the effective date of the termination or suspension. The Customer will be responsible for paying this amount, which will be calculated based on the time of use of the Service during the last billing period.

12. Data Protection

Dijit informs the Client that their data and, where applicable, the contact details of the Client's representatives, will be treated in accordance with the following conditions, complying with European data protection legislation.

The law governing data protection in the European Union is the General Data Protection Regulation (GDPR), which came into force on May 25, 2018. This regulation provides individuals with greater control over their personal data and requires companies to be transparent about how they collect, store and use this data.

Dijit's Data Protection Officer can be contacted via email legal@dijit.app (indicating "Data Protection Officer" in the subject line).

For the management of the contractual relationship: The personal data of the natural persons involved in the signing and execution of this Contract in the name and representation and/or on behalf of each party, will be processed under the responsibility of the other party. These data will be used only for the conclusion, development, maintenance and control of the Contract, to comply with applicable laws or for any other processing that the Client authorizes during the contracting procedure.

Dijit may access any Customer data that Customer enters into the Software solely for technical maintenance, security, or compliance monitoring purposes.

Dijit will retain the personal data of the Client or those of contact (representatives of the Client) provided by the Client to the extent that they are necessary and relevant for the management of the Contract.

Once the Software Use License ends, the data will be processed to continue providing any service that the Client has contracted and that must be provided beyond the validity period of the Use License (for example, custody and preservation of invoices). . In the event that the Client renounces said service or opposes the processing, the data will be blocked and will be kept solely and exclusively to cover possible liabilities arising from the processing during the statute of limitations thereof (normally 5 years).

Dijit informs the Client that it does not make decisions based solely on automated data processing, beyond those strictly necessary for the conclusion or execution of the Contract between Dijit and the Client.

For more information about our Data Privacy Policy, consult here.

13. Limitation of Liability of Dijit

The Software is provided "as is" and "as available", without express or implied warranties on the part of Dijit, including, but not limited to, warranties of merchantability, fitness for a particular purpose, compatibility with any system, freedom from defects, interruptions or security.

Dijit's liability for damages caused to the Client is subject to the following limitations:

(i) In no case will it exceed the amount charged by Dijit to the Client in the month prior to the date on which the damage occurred.

(ii) It will not include indirect damages, loss of profits, damage to reputation, claims by third parties for infringement of intellectual or industrial property rights, damages suffered by third parties, or loss of data.

(iii) It must refer to a damage or loss notified to Dijit by the Client expressly and in writing within two (2) months following the date on which it occurred and never later than two (2) months following termination of the Contract for any reason.

(iv) In the event of a claim by a third party for infringement of intellectual and industrial property rights over the Software, Dijit will not pay any compensation to the Client. However, Dijit undertakes to guarantee the Customer's right to continue using the Software and/or to modify it.

14. Notifications

All communications related to this Agreement must be made in writing, either by postal mail or email, to the following addresses:

Dijit Labs, SL

Calle Ponzano 39, 2ºi

28003, Madrid (Spain)

info@dijit.app

Client: the postal and electronic address provided to Dijit during the contracting process.

Any change in the notification address must be communicated to the other party in writing at least five (5) business days in advance.

15. Applicable Law and Jurisdiction

These General Conditions will be governed and interpreted in accordance with European law. For any controversy that may arise in relation to this Contract, the parties agree to submit to the jurisdiction of the courts of the city of Madrid, waiving any other jurisdiction that may apply to them.

Last update: September 1, 2023