Terms and Conditions of Use

These Terms and Conditions of Use set out the legal conditions that apply to the use of the website https://digitalmanager.guru/en-us of Margem Inquestionável - S.A., which also trades as Digital Manager GURU, headquartered at Largo do Infante Santo (Startup Santarém), Santarém, Portugal, Corporate Tax Identification Number (NIPC) 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: payment link generation and the checkout process, data sharing and centralization through integrations, tools for tracking the results of online campaigns, and metrics for managing Return on Investment (“ROI”).

Users who wish to register on this platform should read these Terms and Conditions of Use, because by using Digital Manager GURU services through this platform they give their consent and agree to be bound by these Terms and Conditions of Use.

These Terms and Conditions of Use may be updated or modified 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 last updated on July 20, 2021.

1. Conditions of Use

1.1. DIGITALMANAGER.GURU will 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 will be provided upon registration of an ACCOUNT, which will be linked to a USER who will receive an email with a link to activate the account in the system.

2. Contracting the Service

2.1 Trial period with a test account:

2.1.1 The USER may use all platform features for a 14-day trial period. The trial period starts when the new account is created and ends on the 14th day thereafter, regardless of use.

2.1.2 A test account may be created only once per USER. Direct or indirect abuse of the test account is subject to penalties, including blocking of the user and a charge of €250.00.

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

2.1.4 Before the end of the Test Account period, the USER will be informed of the available subscription plans.

2.1.5 After the free period, if the USER wishes to contract the services, they must choose the Services plan suited to their sales volume and/or use of features, upon payment of a monthly fee, according to the options available at the time of registration and listed at https://digitalmanager.guru/en-us/pricing

2.1.6 Plans are monthly and are activated at the time of subscription. Plans are subject to the limits indicated below.

2.1.7 At the end of the trial period, the account has no remaining balance and all other configured features and integrations stop working immediately. If the USER chooses not to continue with our services, they simply do not choose a plan and do not provide credit card details.

2.2 Service plans and pricing

2.2.1 The USER chooses the plan that best fits their monthly sales volume. Each plan corresponds to a maximum number of sales made in the period (regardless of status), as well as limits on the number of users and of active tracking, A/B Testing, integration and webhook resources, as described for each plan, as follows:

• Apprentice – up to 600 sales per month – €49.90*
• Disciple – up to 1,500 sales per month – €124.90*
• Master – up to 5,000 sales per month – €249.90*
• Monk – up to 18,000 sales per month – €499.90*
• Enterprise, with limits and prices defined in the agreement between the parties.
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* VAT at the local rate is added for EU customers.

Note: Existing plans and their prices are subject to change and updates without prior notice, and changes may take effect automatically upon monthly renewal.

2.2.2 The sales limit for each plan is counted in Credits, where 1 (one) Credit is debited for each 1 (one) sale recorded on the platform (regardless of payment status);

2.2.3. Plan credits are valid only during the current billing cycle; that is, they do not roll over.

2.2.4 Monthly renewals are automatic, and the amount charged at renewal will correspond to the plan contracted for the next cycle, unless the user has previously canceled the plan.

2.2.5 The plan credit balance is reviewed daily. If it is found to be sufficient for 5 days or less, a warning is sent to the email associated with the account, advising that the credit balance should be checked. The USER can monitor the account’s credit balance under Financial » Credits Used. The credit usage statement is also available under Financial » Accounts » Digital Manager Guru Credits » View » Transactions.

2.2.6 If the account balance falls to 5 credits or fewer, the account will be unable to:

• Receive payments or renew subscriptions; in this case, payment links will display an “HTTP 404” error, which prevents the buyer from accessing the checkout page and completing payment;
• Receive sales via postback;
• Send data to enabled integrations or active webhooks;
• Store leads captured by the opt-in PPCT;
• Store conversion statistics for tracking links (PPCT) and the Neural A/B Test.
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2.2.7 To increase the account’s sales limits, the USER may:

2.2.7.1 Upgrade to a higher plan than the one contracted, based on the new average daily usage. To do so, go to  [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 will be prorated for the new plan (until the end of the current period). The prorated amount for the unused remaining days of the previous plan is deducted from the price of the new plan;
• The plan upgrade takes effect immediately once payment is approved. As a result, the account’s credit balance will be updated according to the new plan selected;
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2.2.8 The User may Downgrade to reduce the contracted plan from the next billing date. To do so, go to  [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 set for the next renewal.

2.2.8.2 To complete the Downgrade, it may be necessary to disable some resources or features so as not to exceed the limits of the chosen plan.

2.3. Payment

2.3.1 Payment for the Services will be made monthly, exclusively by a valid credit card registered at the time of subscribing to the services, and the USER must keep this payment method up to date, including name, numbers, dates, etc.

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

2.3.2.1 While the account payment is overdue, the User may only change the Plan or cancel the subscription by sending a message from the email address registered to the ACCOUNT to meajuda@digitalmanager.guru with the subject “Cancellation Request” so that the request can be reviewed by the support team.

2.3.3 The USER may cancel their subscription under [Your account] » Subscription » Cancel Subscription:

• if the USER cancels within 7 (SEVEN) days of contracting and so requests, the amounts paid and not used for the Services will be refunded, and in this case the services are interrupted.
• if the USER cancels the service after the 7th day, they will not be entitled to any refund; in this case, future charges will be suspended and the credits paid will remain available for use until the last day of the contracted period.
• If the Guru plan subscription is canceled, the account’s subscriptions will not be renewed.
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2.3.4 Sharing an account or transferring account ownership from one USER to another is prohibited. If this occurs, all users of the account are jointly and severally liable for the account and monthly fees.

2.3.4.1 In the event of a conflict between partners or associates who are USERS of an account that results in disputes opened by third parties, namely payment processors or customers, and which 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 the account is canceled, any remaining credits are deleted and there is no right to a refund.

2.4 Services

2.4.1. The Services include:

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

(ii) domain (or subdomain) configuration for generating custom links;

(iii) conversion tracking for online campaigns (PPCT – Point-to-Point Conversion Tracking);

(iv) automated online traffic distribution and conversion tracking (Neural A/B Test);

(v) recording of relevant data;

(vi) various charts and metrics on results;

(vii) searches across results;

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

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

(x) user control and access profile management;

(xi) logging and auditing of user operations;

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

3. Copyright and Intellectual Property

3.1 Digital Manager Guru’s technology tool is a proprietary methodology developed by the company. It may not be replicated, copied or distributed over the internet or by any other means of distribution without the express written authorization of Digital Manager Guru, and it is protected, namely, by the following legislation:

• Decree-Law No. 63/85 of March 14 – Portuguese Code of Copyright and Related Rights.
• Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001
• Decree-Law No. 252/94 of October 20 – Transposes into Portuguese law Council Directive 91/250/EEC of May 14 on the legal protection of computer programs.
• GDA – Gestão dos Direitos dos Artistas – Its mission is the collective management of the copyright-related rights of artists and performers.
• Law No. 109/2009 of September 15 – Cybercrime Law.
• Specific legislation of the USER’s country
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3.2 Digital Manager Guru will always seek compensation for copyright infringement and for any damage or loss, whether pecuniary or non-pecuniary, including consequential damages, loss of profits and the profits specifically obtained by the infringer.

3.3 The brands and all other content published on URLs or in printed material, as well as 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, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Digital Manager Guru or its licensors.

3.3.2 Copying, imitating or using them without the prior written consent of Digital Manager Guru is expressly prohibited.

3.3.3 Digital Manager Guru disclaims all liability in the event of any conflict or infringement of Copyright or Intellectual Property 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 for any reason. The USER will be notified of these changes and may either 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, that they make available to the public through the Digital Manager Guru platform. We recommend that the USER make this 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 needed to access the Service and the internet, such as a computer, internet connection, access provider and web browser software.

5.1.3. To access the service, the USER must have a browser compatible with Internet Explorer 10.0 or later, or Google Chrome, with the pop-up blocker disabled.

5.1.4. The USER agrees to provide true, accurate and current personal data at registration and to keep it up to date. The USER’s IP address will be stored for all transactions that Digital Manager Guru deems important, allowing the USER to be correctly identified.

5.1.5. Providing false information with intent to deceive is a crime under Law No. 109/2009 of September 15. If providing such information causes damage or loss to Digital Manager Guru or to third parties, Digital Manager Guru will report the USER to the competent judicial authorities and seek appropriate compensation for the losses suffered. The USER’s access to the services will be canceled immediately.

5.1.6. The USER must immediately report any breach of their password confidentiality, or any issue that makes their data vulnerable, via the support email (meajuda@digitalmanager.guru), the support page https://digitalmanager.guru/en-us/contacts, or by any other means, whereupon the technical team will take all possible measures to resolve the issue.

5.1.7. All information provided, entered, synchronized and stored, as well as the way the Service is used, is the sole responsibility of the USER, and Digital Manager Guru is not responsible for its content.

5.1.8 The USER is solely responsible for correctly configuring the service and features on the Digital Manager Guru platform in order to make full use of it. See the Help Center at https://en.docs.digitalmanager.guru/ or contact the support team for help.

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

(i) posting, sending, transmitting or otherwise making available any content that is unlawful, harassing, defamatory, invasive of privacy, abusive, threatening, harmful, vulgar, obscene, libelous, hateful or otherwise objectionable;

(ii) violating the rights of, or otherwise harming, children and adolescents;

(iii) acting on behalf of third parties or using a false identity, or falsely stating or misrepresenting an affiliation with any individual or legal entity, including, without limitation, presenting oneself as a Digital Manager Guru employee, discussion leader, guide or host;

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

(v) posting, sending, transmitting or otherwise making available any Content that infringes any patent, trademark, trade secret, copyright or any other right of Digital Manager Guru or of third parties;

(vi) posting, sending, transmitting or otherwise making available any content that contains viruses, spyware or any other code, file or software intended to interrupt, destroy or limit the functionality of any computer or any software, hardware or telecommunications equipment;

(vii) disrupting the normal flow of dialogue, interfering with other users’ use and enjoyment of the Service, or otherwise affecting others’ ability to use the Services;

(viii) interfering with or disrupting the Service or 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 requirement, procedure, policy or regulation of systems or networks connected to the Service;

(ix) violating, intentionally or unintentionally, any applicable national, European Union or international law;

(x) secretly monitoring or otherwise harassing third parties, or using the service for the purpose of replication, copying or competition; and

(xi) obtaining or storing 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 others 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, charge the infringing USER directly up to €1,000, and use all legal means available to it to remedy any damage 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, assumes no liability in the relationship between the USER and third parties, namely for any direct, indirect or incidental damage or for any unlawful, offensive or defamatory conduct by the USER, and reserves the right to take legal action against the USER for 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 in the relationship between the USER and third parties, namely for fraud, scams, improper charges, quality of service, quality of the product supplied or delivery times.

5.2.1 Digital Manager Guru assumes no liability for damage 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 intentional or negligent.

5.2.2 Digital Manager Guru is not responsible for any damage that may be caused by use of the service, including virus infection.

6. Digital Manager Guru’s Responsibilities

6.1.1 Digital Manager Guru will use its best efforts to ensure that the Service works as well as possible. However, given the nature of the Service, the warranties provided by Digital Manager Guru are limited. Digital Manager Guru will not provide the USER with any assistance or technical support other than that relating directly and exclusively to the service.

6.1.2 Digital Manager Guru will provide technical support for the services provided via the in-platform chat, email (meajuda@digitalmanager.guru) or 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 caused by third parties or due solely to the USER’s own fault.

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

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

• the lawfulness 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.
• infection by viruses or other malicious software.
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6.2.4. Digital Manager Guru is not responsible for any drop in quality of service, namely checkout availability and/or access to the platform, caused by:

Unforeseeable circumstances or force majeure, namely storms, failure of dams and/or water mains, fire, general strikes, civil unrest, pandemics, or the failure, interruption or cancellation of the supply of services such as electricity, communications, transportation or water supply, and any other cause resulting in damage that cannot be prevented 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, and infrastructure and computer network providers.
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6.2.5 Digital Manager Guru reserves the right to interrupt or suspend access to the websites and services for as long as it deems necessary, for any technical, security, force majeure or administrative reasons, or due to the USER’s failure to comply with security obligations.

6.3 Security

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

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

7. Usage Security and Privacy Policy

7.1 Each USER is responsible for the security of their password and, consequently, for the operations that use their password.

7.2 The USER may change their password at any time. Digital Manager Guru therefore recommends that the USER avoid passwords such as birthdays and names, and use a password of 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 at Digital Manager Guru, which may be used to recover their password.

7.4 All information provided by any means in the context of Digital Manager Guru’s services must be treated as CONFIDENTIAL.

7.5.1 For a period of 3 (three) years from acceptance of these Terms, DIGITAL MANAGER GURU and the USER will observe the following:

• Restrict knowledge of the agreed information to employees of the area involved;
• Share information only with those who have the necessary technical expertise on the matter in question;
• Require confidentiality from third parties when they have access to the information exchanged;
• Hold criminally or civilly liable anyone who breaches the secret or confidential nature of the information.

7.5.2 DIGITAL MANAGER GURU and the USER will have no obligation to preserve the confidentiality of any Information that:

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

8. Collection and Protection of Personal Data

8.1 By using Digital Manager Guru, the USER authorizes the collection and use of personal data and browsing statistics, subject to the confidentiality of the information collected under these Terms.

8.2 As the entity responsible for processing the personal data provided to it, 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), and other applicable Portuguese and European Union 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 be transparent about 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 it operates.

8.4 Digital Manager Guru ensures that all personal data is processed lawfully, that is, in strict compliance with the lawful bases set out in the GDPR. A lawful basis exists when:

• 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;
• For pre-contractual steps taken at the request of the data subject;
• For compliance with a legal obligation to which the controller is subject;
• To protect the vital interests of the data subject;
• For the performance of a task carried out in the public interest or in the exercise of official authority;
• For the purposes of the legitimate interests pursued by the controller.
• Withdrawal of consent for a given processing of personal data does not affect the lawfulness of processing already carried out based on that consent.

8.5 The following data is collected:

• Identification data: e.g., name, identity document numbers;
• Contact data: e.g., postal address, email address, phone number;
• Tax status: tax identification number, tax status;
• Banking, financial and transaction data: e.g., credit and debit card numbers;
• Analytics data: When you access our website, log files are collected automatically and are also deleted automatically after a certain period of time. These data are collected for purely technical purposes, such as connection setup, system security, technical network administration and optimization of our website. The data we refer to are a set of computer data temporarily recorded in:
1. City, district, country and IP address of the requesting computer;
2. Date and time of access;
3. Type of action performed and related data;
4. Volume of data transmitted;
5. Identification data of the browser software and operating system;
6. Name of the internet service provider;
7. Website from which you accessed our web page.
8. These data are collected online and/or at the time of registration as a USER.

8.6 Digital Manager Guru will only use personal data when provided by the data subjects, solely for the purposes for which they were provided.

8.7 Data provided to Digital Manager Guru will only be shared with third parties when necessary to comply with legal and contractual principles.

8.8 The data subject has the right to:

• Information and access;
• Rectification;
• Erasure;
• Restriction of processing;
• Objection;
• Withdrawal of consent;
• Data portability.
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To exercise the rights listed above, please contact the data controller, namely Digital Manager Guru:

1. By registered letter;
2. By submitting a request through the website;
3. By email from the address registered on the account to meajuda@digitalmanager.guru
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8.9 Digital Manager Guru will not sell, buy, share or distribute your personal data to or from third parties.

8.10 Data collected by Digital Manager Guru will only be shared with third parties when strictly necessary to comply with legal and contractual obligations, including but not limited to subcontractors, for example for financial, accounting, mail, IT and archiving services, judicial or official bodies, supervisory institutions, and lawyers in the context of any dispute or complaint that may arise between the parties, among others, in support of 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 They are used to store visit history and clicks on links generated within the platform.

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

9.1.3 The User can disable cookies in their web browser, but will lose some functionality. The User can set their browser to be notified when cookies are received and to prevent them from being installed on the hard drive. Information on this setting is available in the browser’s own instructions and manuals.

10. Electronic Communications

10.1 The USER consents to Digital Manager Guru using the email address or phone number associated with their registration on the platform to send administrative messages or make voice calls about changes to the Service, to these Terms or any other matters relevant to their account. These messages are an integral part of the Service offered, and the USER cannot opt out of them.

11. Breaches of the Terms

11.1 Any breach of these Terms or attempt to use Digital Manager Guru, or any Digital Manager Guru property, for purposes other than those contracted; copyright and intellectual property infringement; attempts to circumvent (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; or cancellations or changes of events are subject to suspension or cancellation of the associated account(s), under these Terms, at Digital Manager Guru’s discretion and without prior notice, and may be reported to the competent judicial authorities.

12. Termination and Term of the Agreement

12.1 These Terms remain in force between the parties for as long as the service relationship between Digital Manager Guru and the USER continues. It begins when registration on the website is completed and may be terminated by:

• Cancellation of the registration at the USER’s request and discontinued use of the Services;
• Cancellation of the registration due to breach of these Terms; and/or
• The USER’s death or the closure of the company, as evidenced by an official certificate.
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12.2 Digital Manager Guru also 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 held to be null or void, the remaining clauses, as well as the rights and obligations, shall remain in force.

13.3 These terms and conditions may be changed at any time without prior notice from Digital Manager Guru.

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

13.5 The USER will 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 overrides or limits any condition expressly stated in these Terms.