Terms and conditions of use
The Margem Inquestionável - Lda., Called Fancy Digital Manager GURU, with headquarters at Rua das Missões n. 4, Alvide - Alcabideche, Portugal, and duly registered in the NIPC (Identification Number of Collective Person) under nº 514709650, in this Provider act, provides the user ("User") who registered on the digital platform hosted in the domain https: // digitalmanager.guru/, developed by the Supplier, agreeing to this Term.
The Provider offers a serie of solutions related to the management of ROI (Return on Investment). ROI is the ratio of the money earned or lost through an investment, and the amount of money invested, contemplating various mechanisms for that ("Services"), with the acceptance of this term and conditions of use ("Term"), as a non-definitive and non-exclusive license to use Digital Manager Guru.
This Term is characterized as an electronic contract that has legal effectiveness and validity, in accordance with articles 422 and 425 of the Civil Code, with the Code of Consumer Protection and with Law 12.965 / 14.
The Term and the Digital Manager Guru itself may be updated or modified by the Supplier without prior notice to the User.
Any existing rules or policies that may be published from time to time by the Supplier applicable to the Services shall form an integral part of the Term.
The use of any Service by the User indicates that the User has read and agreed to the most recent version of the Term, automatically binding to the rules contained herein.
The User may access this Term, at any time, through the page: https://digitalmanager.guru/terms
1.1. During the term of this Agreement, the Provider will provide you with access to the Services through the website https://digitalmanager.guru.
1.2. The Service will be provided through registration of the User, which will receive an email with a link to activate your account in the system.
1.3. There are two models of hiring the service, namely:
The User chooses the package of credits that best suits him/her, and then credits will be debited as follows:
1 (one) Credit for each new sale received within 15 (fifteen) days;
1 (one) Credit for each time the Vendor sends data to an autoresponder (emails sent to contacts from a predefined list);
1 (one) Credit for every twenty-five (25) tracking clicks captured by the system;
Credits are not valid as long as they are not purchased to supplement the balance of a subscription.
The User chooses the best plan according to its monthly sales volume (P, M, G or XG), where each plan corresponds to a limited volume of credits, except for the XG plan, which is unlimited and credits will be charged this way:
1 (one) Credit for each new sale received within 15 (fifteen) days;
1 (one) Credit for each X tracking click captured by the system, counted as follows:
In the P plane, X = 30 (thirty) clicks; In the M plane, X = 35 (thirty-five) clicks; In the G plane, X = 40 (forty) clicks.
1.3.3 The User shall have 600 (six hundred) credits in the P plan, 1500 (one thousand and five hundred) credits in the M plan, 4000 (four thousand) credits in the G plan and 9000 (nine thousand) credits in the GG plan.
1.3.4. The credits mentioned above in the different possible hirings are valid until the next billing cycle, which means, they do not accumulate.
1.3.5. Plans P, M, and G have 30% (thirty percent) volume tolerance. Which means , the User can consume up to 30% (thirty percent) more than the contractor in the plan, without any additional cost.
1.4. After the free period, the User may choose to subscribe to the Services by paying a monthly fee, according to the options available at the time of registration. The User will be informing you by email about the subscription options available before the free period ends. If you wish to cancel your subscription, you can do so through email or the "Cancel Subscription" option in the "Settings" of the Digital Manager Guru, without any charge.
2.1. The Services comprise:
(i) scheduling of information tracing;
(ii) organization of results;
(iii) control and management of goals;
(iv) registration of relevant data;
(v) weekly view of results;
(vi) various graphics and productivity;
(vii) conducting research among the results;
(viii) emails with various notifications.
2.2. The basis for the development of the Digital Manager Guru tool is its own methodology, and this methodology can’t be replicated, copied, distributed by the computer network or any other means of distribution without the express written authorization of the Supplier, under penalty to apply a fine to the infringing User in the amount of 10 (ten) times of the lowest plan, which will be charged directly from the payment data informed.
2.3. New services may be added or removed at Supplier's discretion at any time and in its sole discretion, regardless of reason, and the User will be notified of these modifications, in this case the User will be able to accept them or cancel their subscription.
3. User Responsibilities
3.1. The User is responsible for the consequences from the content of the Digital Manager Guru that opts to make public, including its personal data, places where it is or will be in the future, among other information. This is why the Provider recommends that the User makes these contents available only if he/she feels comfortable sharing it with other people and in compliance with the terms and conditions of this Term.
3.2. It is the responsibility of the User to provide the necessary equipment to access the Service and the Internet, such as a computer, internet connection, access provider and Internet navigation software.
3.3. The User must have a browser compatible with Internet Explorer 10.0 or higher or Google Chrome with pop-up blocker disabled for access to the service.
3.4. The User agrees to provide true, accurate and current personal data in his / her registry, in addition to keeping them updated. All transactions that are considered important to the Provider will have the user's IP address stored, allowing them to be correctly identified.
3.4.1. The provision of false information constitutes a crime as seen in the Brazilian Penal Code. If the provision of this information causes damage or loss to the Supplier or to others, this User will be compelled to answer for the damages caused by himself/herself, in addition to having terminated his access to the Services.
3.5. The user must immediately communicate via e-mail support (email@example.com), the support page https://digitalmanager.guru/contactus, or by any other means, the breach of confidentiality of his/her password, or any problem that makes your data vulnerable, in this case the technical team will take all possible measures to resolve the issue.
3.6. All information provided, typed, synchronized and stored, as well as how the Service is used, are the sole responsibility of the User, and the Supplier is not responsible for its content.
3.7. The User is entitled to use the Service for any purposes other than those to which the Service is intended, and shall refrain, including:
(i) disclose, send, transmit or make available any other illegal, harassing, defamatory, invasive of privacy, abusive, threatening, harmful, vulgar, obscene, injurious, prejudicial or any other objectionable content;
(ii) violate rights or in any other way harm children and adolescents;
(iii) act on behalf of another or use false identity, or misrepresent any person or legal entity, including, without limitation, acting as an employee of the Provider, leader of discussions, guide or host;
(iv) forging headers or manipulating identifiers in order to disguise the origin of any Content transmitted through the Service;
(v) disclose, send, transmit or make available any Content that violates any patent, trademark, trade secret, copyright or other right of the Provider or any other;
(vi) disclose, send, transmit or make available any content that contains viruses, spyware, or any other code, file or software for the purpose of disrupting, destroying or limiting the functionality of any computer or software equipment, hardware or telecommunications;
(vii) disrupt the normal flow of a conversation, interfere with the use and enjoyment of the Service by other users, or otherwise affect the ability of other users to use the Services;
(viii) interfering with or disrupting the Service, servers or networks connected to the Service, obtaining or attempting to obtain unauthorized access to other computer systems or networks connected to the Service, or disobeying any rule, procedure, policy or regulation of connected systems or networks to the Service;
(ix) violate, whether intentionally or otherwise, any applicable local, state, national, or international law or regulation;
(x) secretly supervise or harass others, or use the service for the purpose of replication, copying or competition; and
(xi) obtain or store personal or professional data or information about other users.
3.8. In case of violation of any of these provisions or of other provisions in this Agreement, the Supplier may, in its sole and exclusive discretion, cancel User's registration without any right to reimbursement or refund of amounts already paid, under penalty of apply a fine to the infringing User in the amount of 10 (ten) times of the lowest plan, which will be directly debited from the payment data informed, in addition to taking the appropriate legal measures.
4. Supplier Responsibilities
4.1 Supplier shall use its best efforts to ensure that the Service functions in the best possible manner. However, given the very nature of the Service, the warranties provided by the Provider are limited. The User understands and agrees that the Provider will not provide any assistance or any kind of technical support beyond that directly and exclusively about the service.
4.2 It is the Supplier's responsibility to maintain the quality and safety of the services offered to its users, excluding the facts committed by third parties or for the sole fault of the User himself, pursuant to art. 14, paragraph 3, item II, of the Code of Consumer Protection, as well as in the event of a fortuitous event or force majeure pursuant to Article 393 of the Civil Code.
4.2.1. Casualty or force majeure cases include, but are not limited to, storms, vending, hail, lightning, flooding, damming and / or damming, fire, general strike, civil revolt, downfall, discontinuation or cancellation of service provision such as electricity, communication, transportation, water supply, and any other cause that causes damage that can’t be avoided by the Supplier and that interferes with the Services.
4.3. The Provider will provide technical support in the services provided through email (firstname.lastname@example.org) or through the support page, https://digitalmanager.guru/contactus.
4.4. The Supplier keeps up to date with the latest in information technology security, adopting the use of passwords, encryption and using servers installed in a secure environment.
4.5. In order to ensure the security of the information, the Supplier performs daily backups at times defined by its technical staff.
4.6 The Digital Manager Guru is not responsible, under any circumstances, for providing information pertinent to the services provided to the Brazilian tax authorities, especially when the legislation elects the User as the person obliged to provide such information to the authorities (as an example SISCOSERV).
5.1 The payment for the Services will be made monthly by the User, exclusively by means of a valid credit card in his or her register, and the User shall keep updated that payment method, regarding to the pertinent data, such as name, numbers, dates, etc.
5.2 Without prejudice to the payment of a fine of 10% (ten percent), interest of 1% (one percent) per month and monetary correction calculated by the General Market Price Index ("IGP-M") calculated pro rata the payment of the Services within five (5) days after its expiration shall result in the suspension of the Services, and failure to pay for the Services within 30 (thirty) days after its expiration shall result in the cancellation of the Services and elimination of already registered User data.
5.3 The value of the Services will be adjusted annually by the IGP-M or, failing that, by any other index that may replace it.
5.4 The User may request the cancellation of his / her subscription through the Digital Manager Guru in the area designated for the management of subscriptions (https://digitalmanager.guru/admin/client/edit), and will be reimbursed for the full amounts paid by the Services already provided if cancels within 7 (seven) days of the contract, and if the User cancels the service after the 7th day of validity, it will not be entitled to any refund, as future charges will be suspended and credits paid will remain available without term of validity for use.
5.5 The license may never be transferred from one User to Another.
6. Limitation of Liability
6.1 No information or advice, whether oral or written, obtained by the User through the Provider or the Service will create any guarantee other than those expressly stated in this Agreement.
6.2 Considering the limitations resulting from the factors beyond the control of the Provider, and, above all, the User's interest in benefiting from the recognized advantages offered by the Service, in the manner in which it is offered, the User agrees that Supplier shall have no liability whatsoever, whether contractual, extra-contractual, or otherwise, for any patrimonial or moral damages, including, without limitation, damages for lost profits or information or other intangible losses if these damages result:
(i) by the use of the Service by Users or others;
(ii) by interruption, suspension or termination of the Services;
(iii) by the cost to obtain substitute products or services; and
(iv) by any purchased or obtained products or services or messages received through the service.
7.1 Each User is responsible for the security of his/her password, and, consequently, for operations that use his/her password.
7.2 The User may change his/her password at any time. For this reason, the provider recommends that you avoid passwords such as birthdays and names, and use a password that is at least eight characters long, including numbers and letters, with uppercase and lowercase letters.
7.3 It is also the responsibility of the User to ensure the security and maintenance of the email account associated with the registry created in Digital Manager Guru, which may be used for the purpose of recovering your password.
7.4 Any information that may be provided by any of the PARTS shall be treated as confidential if it is considered stealthy or CONFIDENTIAL if it’s revealed verbal or documentary.
7.5. For a period of 03 (three) years from the signature of this instrument, the PARTS shall observe the following:
a. Restriction to the knowledge of the information agreed only to the employees of the area involved;
b. Information only to those who will have necessary and effective technical knowledge on the obligations that may involve immediate interests.
c. Safe requirement with respect to those that come from another form or form to the transacted information.
d. Criminal or civil liability of any of the PARTS that gives reason or discharge the information of a confidential or confidential nature.
7.6 It is hereby clarified that if for any event it is commercially used by any of the PARTS, without mutual recognition, the part that considers itself prejudiced by this instrument may claim, by its own action, any damages or reimbursement of the quantum to be ascertained.
7.7 The PARTS shall have no obligation to preserve the confidentiality of any Information, provided that:
a. has been revealed and is in the public domain without restriction;
b. publicly available by means other than disclosure between the PARTS;
c. is fully or independently developed by the PARTS; and finally,
d. has been known by judicial process.
7.8 All information received or issued in the manner prescribed by this instrument shall be treated in a way that the PARTS are satisfied by the termination of this instrument.
7.9 Nothing in this Agreement shall be construed as granting an implied license or otherwise, or any rights whatsoever to the Disclosed Information.
7.10 This instrument will challenge the parts as well as their successors and assigns.
8. Data collection and protection
8.1 By using the Digital Manager Guru, the User authorizes the collection and use of personal data and navigation statistics, safeguarding the secrecy of the information collected under this Term.
8.2 Excluding the cases of unlawful act and the provisions of clause 9, the Supplier undertakes not to disclose, assign, sell or transfer to others the personal data provided by the User.
9. Legal claims for breach of confidentiality
9.1 The Supplier shall meet, without prior notice to the User, any order of competent judicial authority that has the purpose of determining that the identity of the User or any of the data provided to the Supplier be revealed.
10. Electronic correspondences
10.1 The User is aware and agrees that the Provider may use the email address or mobile number associated with its registration in the Digital Manager Guru to send administrative messages communicating changes of the Service, this Term or any other pertinent to your account. These messages are an integral part of the Service offered and the User has no option of refusing them.
11. External links
11.1 By using the Digital Manager Guru, the User may encounter links to other websites, for which the Supplier does not assume any responsibility. The existence of links to other websites does not imply endorsement, recommendation or guarantee of availability or quality of the content by the Provider.
11.2 By clicking on these links, the User declares that he / she is fully aware that he / she will be leaving the domain of the Digital Manager Guru and any guarantee offered by this Term, being subject to the rules of the address to which it is directed, if any.
12. Intellectual Property
12.1 Trademarks and all other URLs, logos, trademarks related to the Services are domains, trademarks and / or registered trademarks of the Provider or its licensors. The User may not copy, imitate, or use them without the prior written consent of the Provider. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and / or trade dressings of Vendor. The User may not copy, imitate, or use them without the prior written consent of the Provider. All rights, title and interest in the Digital Manager Guru or any of its contents, the services of the Supplier and the related technology and any and all technology and content created or derived from any of the products mentioned above belong exclusively to the Supplier and its licensors.
13. Term Violations
13.1 Any breach of this Agreement or attempts to use the Digital Manager Guru or any property of Provider for misuse purposes are subject to suspension or cancellation of the associated account (s) under this Agreement at the discretion of Supplier without prior notice, without prejudice to the adoption of legal measures.
13.2 Such misuse includes, but is not limited to: attempts to circumvent (hack or crack) the security of the Digital Manager Guru; attempts to obtain confidential data from Users; distribution of viruses or other malicious software; frauds; conduct that is abusive, defamatory or slanderous; cancellations or changes of events; and infringements of copyright or intellectual property.
14. Termination and Validity of Term
14.1 This Term shall remain in force between the parts for as long as the relationship between the Provider and the User subsists, which begins with the registration of the website and may be terminated by:
i) Cancellation of the register at the request of the User and discontinuation of use of the Services
ii) Cancellation of registration for violation of this Term; and / or
iii) Death of the User verified by death certificate.
14.2 The Provider still reserves the right to stop all or part of the provision of the Services if its operation is no longer commercially viable.
14.3 The termination of the provision of the Services does not imply any withdrawal by any of the Parts of the credits to which they are still entitled.
15. General Conditions of Use
15.1 The terms and conditions of used here may be changed at any time without prior notice to the Supplier.
15.2 The User, when using the Digital Manager Guru will be expressly agreeing with the rules and conditions of use now presented under the terms of the current legislation.
16. Final Provisions
16.1 The Term constitutes the entire agreement between the User and the Supplier, which will govern any use of the Service by the User. The User will also be subjected to the same terms and conditions when using the Service from the site in any other country or when accessing the services or software of others.
16.2 In case any clause of this Term is considered null or void, it will not result in its total nullity, remaining in force in the other clauses, as well as the rights and obligations hereby agreed upon.
16.3 The Term and the relationship between the User and the Supplier shall be governed by the laws of the Federative Republic of Brazil.
16.4. The central forum of the District of São Paulo - São Paulo is hereby elected to resolve any doubts arising from this Term, excluding any other forum, however privileged it may be.