Terms and Conditions of Use

These Terms and Conditions of Use set out the legal conditions applicable to the use of the website https://digitalmanager.guru/en-us by the company Margem Inquestionável, S.A., which also uses the trade name Digital Manager GURU, with registered office at Largo do Infante Santo (Startup Santarém), Santarém, Portugal, and Portuguese corporate taxpayer identification number 514709650, hereinafter referred to as “Digital Manager GURU” or “Digital Manager Guru”.

Digital Manager GURU is a technology company that provides a management platform bringing together solutions related to the online sales process, namely: the generation of payment links and checkout processes, the sharing and centralisation of data through integrations, mechanisms for tracking the results of online campaigns, and the generation of metrics related to the management of Return on Investment, “ROI (Return on Investment)”.

Any user wishing to register on this platform must read these Terms and Conditions of Use, as by using Digital Manager GURU services through this platform, the user gives their consent and becomes bound by these Terms and Conditions of Use.

These Terms and Conditions of Use may be updated or amended by Digital Manager GURU without prior notice to the User, who may consult the latest version at https://digitalmanager.guru/en-us/terms. 

These Terms and Conditions of Use were updated on 20 July 2021.

1. Conditions of Use

1.1. DIGITALMANAGER.GURU shall provide the USER with access to the Services through the website https://digitalmanager.guru/en-us, under the conditions set out in these Terms and Conditions of Use.

1.2. The Service shall be provided upon registration of an ACCOUNT, which will be linked to a USER who will receive, by email, a link to activate the account in the system.

2. Service Subscription

2.1 Trial period per test account

2.1.1 The USER may use all platform features for a period of 14 days for testing purposes. The trial period is counted from the moment the new account is created and ends on the 14th subsequent day, regardless of whether the platform has been used.

2.1.2 A trial account may only be created once by each USER. Any abusive use, whether direct or indirect, of the trial account shall be subject to penalties, including, but not limited to, the blocking of the USER and the charging of €250.00.

2.1.3 Digital Manager Guru reserves the right to immediately suspend or terminate, without prior notice, as well as the right to charge, any trial account that has been created or used abusively or fraudulently, deleting the credits and informing the USER of the reasons identified.

2.1.4 Before the end of the Trial Account period, the USER shall be informed of the available subscription plans.

2.1.5 After the free period, should the USER wish to subscribe to the services, the USER must choose the Service plan suited to their sales volume and/or use of resources, upon payment of a monthly fee, according to the options available at the time of registration and available at https://digitalmanager.guru/en-us/pricing/.

2.1.6 The plans are monthly and are activated from the moment of subscription. The plans are subject to limits, as set out below.

2.1.7 At the end of the trial period, the account will have no balance and the remaining configured resources and integrations will immediately cease to function. Should the USER choose not to continue using our services, the USER simply does not select a plan and does not provide credit card details.

2.2 Service plan and price

2.2.1 The USER chooses the most suitable plan according to their monthly sales volume, each plan corresponding to a maximum limit of sales made during the period, regardless of status, in addition to limits on the number of users and active tracking resources, A/B Testing, integrations and webhooks, as described for each plan, as follows:

  • Apprentice – maximum of 600 sales per month – €49.90*
  • Disciple – maximum of 1,500 sales per month – €124.90*
  • Master – maximum of 5,000 sales per month – €249.90*
  • Monk – maximum of 18,000 sales per month – €499.90*
  • Enterprise, with limits and prices defined according to the subscription agreed between the parties.

* For EU customers, VAT shall be added at the applicable local rate.

Note: Existing plans and their respective prices are subject to changes and updates without prior notice and may automatically come into effect upon monthly renewal.

2.2.2 The sales limit per plan is counted in the form of Credits, where the debit of 1 (one) Credit corresponds to 1 (one) sale registered on the platform, regardless of payment status.

2.2.3 Plan credits are valid only during the current billing cycle and, therefore, do not accumulate.

2.2.4 Monthly renewals are automatic and, at that time, the amount charged shall correspond to the plan subscribed for the next cycle, except where the USER has previously cancelled the plan.

2.2.5 The plan credit balance is analysed daily. If it is found to be insufficient for 5 days or less, a notice is sent to the email address associated with the account, alerting the USER to the need to check the credit balance. The USER may monitor the account credit balance through the option Finance » Credits Used. It is also possible to monitor the credit usage statement by accessing Finance » Accounts » Digital Manager Guru Credits » View » Transactions.

2.2.6 If the account balance becomes equal to or lower than 5 credits, the account shall be unable to:

  • Receive payments or renew subscriptions. In this case, the payment links will display the error “HTTP 404”, preventing the buyer from accessing the checkout page and making the payment;
  • Receive sales via postback;
  • Send data to activated integrations or active webhooks;
  • Store leads captured by Capture RPPC;
  • Store conversion statistics for tracking links, RPPC, and A/B Neural Testing.

2.2.7 To increase the sales limits of the account, the USER may:

2.2.7.1 Upgrade to a higher plan than the one subscribed, based on the new average daily usage. To do this, the USER must access the option [Your account] » Subscription, click “Change Plan” in the actions menu, and select the most suitable new plan.

At the time of the operation, the amount charged shall be proportional to the new plan, until the end of the current period. The proportional value of the unused remaining days of the previous plan shall be deducted from the value of the new plan.

The plan upgrade shall take effect immediately, provided that the payment is approved. Consequently, the account credit balance shall be updated according to the new selected plan.

2.2.8 The USER may perform a Downgrade to reduce the subscribed plan in the next billing cycle. To do this, the USER must access the option [Your account] » Subscription, click “Change Plan” in the actions menu, and select the most suitable new plan.

2.2.8.1 A Downgrade is a scheduled operation that only takes effect on the date scheduled for the next renewal.

2.2.8.2 In order to carry out the Downgrade, it may be necessary to deactivate certain resources or features so as not to exceed the limits of the desired plan.

2.3 Payment

2.3.1 Payment for the Services shall be made monthly, exclusively by valid credit card, registered at the time of subscription to the services. The USER must keep this payment method updated, including name, numbers, dates, and other relevant information.

2.3.2 Failure to pay for the Services after 5 (five) unsuccessful collection attempts on alternate days shall result in the cancellation of the subscription and the immediate interruption of the configured services.

2.3.2.1 If the account is overdue, the USER may only modify the Plan or cancel the subscription by sending a message from the email address registered to the ACCOUNT to [email protected], with the subject “Cancellation Request”, so that the request may be analysed by the support team.

2.3.3 The USER may cancel their subscription through the option [Your account] » Subscription » Cancel Subscription:

  • If the USER cancels within 7 (SEVEN) days of subscription and requests it, the amounts paid and not used for the Services shall be refunded, and in this case the services shall be interrupted.
  • If the USER cancels the service after the 7th day of the subscription period, the USER shall not be entitled to any refund. In this case, future charges shall be suspended and the paid credits shall remain available for use until the last day of the subscribed period.
  • If the Guru plan subscription is cancelled, the account subscriptions shall not be renewed.

2.3.4 Sharing the account or transferring account ownership from one USER to another is prohibited. Should this occur, all users of the account shall be jointly and severally liable for the account and the monthly fees.

2.3.4.1 In the event of a conflict between partners or USER partners of an account resulting in disputes initiated by third parties, namely payment processors or customers, and where such conflict may require Digital Manager Guru to refund monthly fees or pay fines, the Account may only be maintained upon payment of all outstanding amounts, including fines and fees.

2.3.5 After cancellation of the account, if there are any credits, such credits shall be deleted and there shall be no right to a refund of any amounts.

2.4 Services

2.4.1 The Services comprise:

(i) generation of payment links and a transparent checkout interface with several payment processor options for integration;

(ii) configuration of a domain, or subdomain, for the generation of customised links;

(iii) conversion tracking in online campaigns, R.P.P.C.;

(iv) automated distribution of online traffic and conversion tracking, A/B Neural Testing;

(v) registration of relevant data;

(vi) various charts and metrics relating to results;

(vii) searches among the results;

(viii) integrations with different platforms related to the online sales process for automation and/or data synchronisation;

(ix) sending data via webhook to a compatible system or application;

(x) user control and access profile management;

(xi) recording and auditing of user operations;

(xii) various notifications via email, notification centre and platform chat.

3. Copyright and Intellectual Property Rights

3.1 Digital Manager Guru’s technological tool is a proprietary methodology developed by the company and may not be replicated, copied, or distributed through the worldwide computer network or by any other means of distribution without the express written authorisation of Digital Manager Guru. It is protected, in particular, by the following legislation:

3.2 Digital Manager Guru shall always claim compensation for any infringement of copyright and for any damages or losses, whether pecuniary or non-pecuniary in nature, including actual damages, loss of profits and profits specifically obtained by the infringer.

3.3 The trademarks and all other content published in URLs or printed material, logos and trademarks related to the Services are domains, trademarks and/or registered trademarks of Digital Manager Guru or its licensors.

3.3.1 All page headers, customised graphics, button icons and scripts are service marks, trademarks and/or trade dress of Digital Manager Guru or its licensors.

3.3.2 It is expressly prohibited to copy, imitate or use them without the prior written consent of Digital Manager Guru.

3.3.3 Digital Manager Guru disclaims any liability in the event of any conflict or infringement of Copyright or Intellectual Property Rights between USERS or between third parties and USERS.

4. Updates

4.1 New services and integrations may be added or removed by Digital Manager GURU at any time, at its sole discretion and regardless of reason. The USER shall be notified of such changes and shall be given the option to accept them or cancel their subscription.

5. Exclusions and USER Responsibilities

5.1.1 The USER is responsible for the content, namely account registration data, contact methods, location and other information made available to the public through the Digital Manager Guru platform. We recommend that the USER make such content available responsibly and in accordance with the terms and conditions of these Terms.

5.1.2 The USER is responsible for providing the equipment required to access the Service and the internet, such as a computer, internet connection, access provider and internet browsing software.

5.1.3 The USER must have a browser compatible with Internet Explorer 10.0 or higher, or Google Chrome with the pop-up blocker disabled, in order to access the Service.

5.1.4 The USER undertakes to provide true, accurate and up-to-date personal data upon registration, as well as to keep such data updated. All transactions deemed important by Digital Manager Guru shall have the USER’s IP address stored, allowing the USER to be correctly identified.

5.1.5 Providing false information with the intention of causing deception may constitute a criminal offence under Law No. 109/2009, of 15 September. If the provision of such information causes damage or loss to Digital Manager Guru or to third parties, Digital Manager Guru shall report the USER to the competent judicial authorities and seek due compensation for the losses suffered. The USER’s access to the Services shall be immediately cancelled.

5.1.6 The USER must immediately report, through the support email address [email protected], the support page https://digitalmanager.guru/en-us/contacts, or by any other means, any breach of the confidentiality of their password or any issue that makes their data vulnerable, in which case the technical team shall take all possible measures to resolve the matter.

5.1.7 All information provided, entered, synchronised and stored, as well as the manner in which the Service is used, are the sole responsibility of the USER, and Digital Manager Guru shall not be responsible for its content.

5.1.8 It is the sole responsibility of the USER to correctly configure the service and features on the Digital Manager Guru platform in order to fully benefit from it. The USER should consult https://docs.digitalmanager.guru/atendimento-e-suporte/, under the “By feature” menu, or contact the support team for assistance.

5.1.9 The USER is PROHIBITED from using the Service for any purposes other than those for which the Service is intended, namely:

(i) to disclose, send, transmit or otherwise make available any content that is illegal, vexatious, defamatory, invasive of privacy, abusive, threatening, harmful, vulgar, obscene, insulting, discriminatory or otherwise objectionable;

(ii) to violate rights or otherwise harm children and adolescents;

(iii) to act on behalf of third parties or use a false identity, or to falsely indicate a relationship with any natural or legal person, including, without limitation, presenting oneself as an employee of Digital Manager Guru, discussion leader, guide or host;

(iv) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

(v) to disclose, send, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or any other right of Digital Manager Guru or of third parties;

(vi) to disclose, send, transmit or otherwise make available any content containing viruses, spyware or any other code, file or software intended to interrupt, destroy or limit the functionality of any computer or software, hardware or telecommunications equipment;

(vii) to interrupt the normal flow of dialogue, interfere with the use and enjoyment of the Service by other users, or otherwise affect the ability of others to use the Services;

(viii) to interfere with or interrupt the Service, servers or networks connected to the Service, obtain or attempt to obtain unauthorised access to other systems or computer networks connected to the Service, or disobey any rule, procedure, policy or regulation of systems or networks connected to the Service;

(ix) to violate, whether intentionally or unintentionally, any applicable national, EU or international law;

(x) to secretly monitor or otherwise harass third parties, or to use the Service for the purpose of replication, copying or competition; and

(xi) to obtain or store personal or professional data or information about other users.

5.1.10 In the event of a breach of any of these provisions or any other provisions set out in these Terms, Digital Manager Guru may, at its sole and exclusive discretion, cancel the USER’s registration without the USER being entitled to any compensation or refund of amounts already paid, and may directly charge the infringing USER up to the amount of €1,000, as well as resort to all legal means available to it in order to remedy any damage that may have been caused to its Service or reputation.

5.1.11 Digital Manager Guru is not responsible for the information, products, services or content provided by the USER to third parties, and assumes no liability for the relationship between the USER and third parties, namely for any direct, indirect or incidental damage, or for any illegal, offensive or defamatory conduct by the USER. Digital Manager Guru reserves the right to take legal action against the USER for any damages caused.

5.1.12 Digital Manager Guru is not responsible for the conditions under which products, services or content are provided by the USER to third parties, and assumes no liability for the relationship between the USER and third parties, namely in relation to fraud, scams, improper charges, service quality, quality of the product supplied or delivery times.

5.2.1 Digital Manager Guru assumes no liability for damages caused to USERS in connection with the use of services provided by third parties on websites or elsewhere on the internet, whether such damage is caused intentionally or by negligence.

5.2.2 Digital Manager Guru is not responsible for any damages that may be caused by the use of the Service, including virus contamination.

6. Digital Manager Guru Responsibilities

6.1.1 Digital Manager Guru shall use its best efforts to ensure that the Service operates in the best possible manner. However, considering the very nature of the Service, the warranties provided by Digital Manager Guru are limited. Digital Manager Guru shall not provide the USER with any assistance or any type of technical support other than that directly and exclusively related to the Service.

6.1.2 Digital Manager Guru shall provide technical support regarding the services provided through the chat available within the platform, by email at [email protected], or through the support page: https://digitalmanager.guru/en-us/contacts.

6.2.1 Digital Manager Guru is responsible for maintaining the quality and security of the services offered to its users and may not be held liable for any suspension or interruption of access that may occur due to causes attributable to third parties or exclusively attributable to the USER.

6.2.2 Digital Manager Guru assumes no contractual, non-contractual or other liability for any pecuniary or non-pecuniary damages, including damages for loss of profits, loss of business, loss of information or other intangible losses, where such damages result from the incorrect use of the Service by the USER or by third parties.

6.2.3 Digital Manager Guru assumes no contractual, non-contractual or other liability towards third parties for any pecuniary or non-pecuniary damages, including damages for loss of profits, loss of business, loss of information or other intangible losses, where such damages result from the use of the services provided by the USER to third parties, namely:

  • the legality and quality of the service or goods provided by the USER to third parties;
  • messages sent by the USER to third parties through the Service;
  • data theft;
  • contamination by viruses or other malicious programs.

6.2.4 Digital Manager Guru shall not be responsible for any degradation in the quality of the Service, namely checkout availability and/or access to the platform, caused by:

  • acts of God or force majeure, namely storms, rupture of dams and/or water mains, fire, general strike, civil unrest, pandemic, failure, interruption or cancellation of the supply of services such as electricity, communications, transport, water supply, and any other cause that results in damage that cannot be avoided by Digital Manager Guru and that interferes with the Services;
  • lack of service or quality of service from integration partners, namely hosting service providers, payment processors, infrastructure providers and computer network providers.

6.2.5 Digital Manager Guru reserves the right to interrupt or suspend access to the websites and services for the period it deems necessary, for any technical, security, force majeure or administrative reasons, or due to the USER’s failure to comply with their security obligations.

6.3 Security

6.3.1 Digital Manager Guru keeps itself up to date with the most modern and effective information technology security practices, adopting the use of passwords and encryption, and using servers installed in a secure environment.

6.3.2 As an information security measure, Digital Manager Guru performs daily backups at times defined by its technical team.

7. Security of Use and Privacy Policy

7.1 Each USER is responsible for the security of their password and, consequently, for any operations carried out using their password.

7.2 The USER may change their password at any time. For this reason, Digital Manager Guru recommends that the USER avoid passwords based on birthdays and names, and use a password with at least eight characters, containing numbers and letters, including uppercase and lowercase letters.

7.3 The USER is also responsible for the security and maintenance of the email account associated with the registration created with Digital Manager Guru, which may be used for password recovery purposes.

7.4 Any information that may be provided by any means within the scope of Digital Manager Guru’s services must be treated as CONFIDENTIAL.

7.5.1 For a period of 03 (three) years from acceptance of these Terms, DIGITAL MANAGER GURU and the USER shall comply with the following:

  • restrict knowledge of the agreed information only to employees in the area involved;
  • share information only with those who have the necessary technical competence regarding the matter in question;
  • require confidentiality from third parties when they have access to the information exchanged;
  • hold criminally or civilly liable any person who violates the confidential or secret nature of the information.

7.5.2 DIGITAL MANAGER GURU and the USER shall have no obligation to preserve confidentiality with respect to any Information, provided that such Information:

  • has been disclosed and is in the public domain without restrictions;
  • is publicly available;
  • has been wholly or independently developed by the USER;
  • has become known through judicial means.

8. Personal Data Collection and Protection

8.1 By using Digital Manager Guru, the USER authorises the collection and use of personal data and browsing statistics, with the confidentiality of the information collected being safeguarded under the terms of these Terms.

8.2 As the entity responsible for the processing of the personal data provided to it, and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, the General Data Protection Regulation (GDPR), as well as other applicable Portuguese national and EU legislation, Digital Manager Guru has adopted the Personal Data Privacy Protection Policy, set out in this document, which establishes how it collects, stores and processes Personal Data, ensuring its confidentiality and security.

8.3 The purpose of Digital Manager Guru’s Privacy Policy is to provide transparency as to how personal data will be processed and to protect the information and data that any USER of our services may enter on the websites, applications or digital platforms operated by them.

8.4 Digital Manager Guru ensures that all personal data is processed lawfully, that is, in strict compliance with the grounds for lawfulness imposed by the GDPR. Such grounds for lawfulness exist where:

  • the Data Subject has given their consent;
  • processing is necessary for the performance of a contract to which the Data Subject is a party; or
  • processing is necessary in order to take steps at the request of the Data Subject prior to entering into a contract;
  • processing is necessary for compliance with a legal obligation to which the controller is subject;
  • processing is necessary in order to protect the vital interests of the Data Subject;
  • processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority;
  • processing is necessary for the purposes of the legitimate interests pursued by the controller.

The withdrawal of consent in relation to a specific processing activity involving personal data shall not affect the lawfulness of processing already carried out on the basis of such consent.

8.5 The following data is collected:

  • Identification data: e.g. name, identification document numbers;
  • Contact data: e.g. address, email address, telephone number;
  • Tax status: tax identification number, tax status;
  • Banking, financial and transaction data: e.g. credit and debit card numbers;
  • Analytical data: when accessing our website, proprietary files are collected automatically and are also automatically deleted after a certain period of time. The collection of such data is carried out for purely technical purposes, such as connection setup, system security, technical network administration and optimisation of our website. The data referred to is a set of computer data, which is temporarily recorded, including:
    • city, district, country and IP address of the requesting processor;
    • date and time of access;
    • type of action performed and related data;
    • volume of data transmitted;
    • identification data of the browser software and operating system;
    • name of the internet service provider;
    • website from which the USER accessed our website.

These data are collected online and/or at the time of registration as a USER.

8.6 Digital Manager Guru shall only use personal data when provided by the respective Data Subjects, solely for the purposes and in accordance with the purpose for which such data were provided.

8.7 The data provided to Digital Manager Guru shall only be shared with third parties where this is necessary for the purposes of complying with legal and contractual principles.

8.8 The Data Subject has the right to:

  • information and access;
  • rectification;
  • erasure;
  • restriction;
  • objection;
  • withdrawal of consent;
  • portability.

To exercise the rights listed above, the Data Subject must contact the controller, namely Digital Manager Guru:

  • by registered letter;
  • by submitting a request through the website;
  • by email, from the email address registered to the account, to [email protected].

8.9 Digital Manager Guru shall not sell, buy, share or distribute your personal data to or from third parties.

8.10 The data collected by Digital Manager Guru shall only be shared with third parties where this is strictly necessary for the purposes of complying with legal and contractual obligations, including, but not limited to, subcontracted entities, for example, for the provision of financial, accounting, postal, IT or archiving services, judicial or official bodies, supervisory institutions, lawyers in the context of any dispute that may arise between the parties or any complaint, among others, in connection with our Service.

9. Cookies

9.1 The restricted-access area of Digital Manager Guru websites may use cookies. Cookies are not used to invade the USER’s privacy.

9.1.1 Cookies are used to store the history of visits and clicks on links generated within the platform.

9.1.2 Cookies are stored on the hard drive of the USER’s computer in order to save their preferences.

9.1.3 The USER may disable cookies in their web browser, but will lose access to some features. The USER may configure their browser to be notified of the receipt of cookies and to prevent their installation on the hard drive. The relevant information for this configuration is available in the instructions and manuals of the browser itself.

10. Electronic Correspondence

10.1 The USER gives consent for Digital Manager Guru to use the email address or telephone number associated with their registration on the platform to send administrative messages or make voice calls communicating changes to the Service, to these Terms, or any other matters relevant to their account. These messages are an integral part of the Service provided and the USER shall not have the option to refuse them.

11. Breaches of the Terms

11.1 Any breach of these Terms or any attempt to use Digital Manager Guru, or any property of Digital Manager Guru, for purposes other than those contracted, including copyright and intellectual property rights infringement, attempts to bypass, hack or crack Digital Manager Guru’s security, attempts to obtain confidential USER data, distribution of viruses or other malicious software, fraud, insulting, defamatory or slanderous conduct, cancellations or changes to events, shall be subject to suspension or cancellation of the associated account(s), under the terms of these Terms, at Digital Manager Guru’s discretion and without prior notice, and may be reported to the competent judicial authorities.

12. Termination and Duration of the Terms

12.1 These Terms shall remain in force between the parties for as long as the service provision relationship between Digital Manager Guru and the USER remains in effect. This relationship begins upon completion of the registration on the website and may be terminated by:

  • cancellation of the registration at the USER’s request and discontinuation of the use of the Services;
  • cancellation of the registration due to breach of these Terms; and/or
  • death of the USER or closure of the company, duly proven by certificate.

12.2 Digital Manager Guru further reserves the right to discontinue, in whole or in part, the provision of the Services if their operation ceases to be commercially viable.

13. Final Provisions

13.1 By registering with Digital Manager Guru, the USER expressly agrees to the terms and conditions of use set out herein.

13.2 If any clause of these Terms is considered null, void or unenforceable, the remaining clauses, as well as the respective rights and obligations, shall remain in force.

13.3 These Terms and Conditions may be amended at any time without the need for prior notice by Digital Manager Guru.

13.4 These Terms constitute the entire agreement between the USER and Digital Manager Guru and shall govern any use of the Service by the USER.

13.5 The USER shall also be subject to the same terms and conditions when using the Service from the website in any other country or when accessing third-party services or software.

13.6 No information obtained by the USER through Digital Manager Guru or the Service shall override or limit any condition expressly stated in these Terms.

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