Terms of use
We've done our best to simplify the rules of our Platform. Therefore, we've outlined below the most important points for you, which can also be read in full and detail in the Terms of Use below.
Furthermore, we're always available to answer any questions you may have via email at contact@digisac.com.br.
1) What are we?
Our business is a technology platform that provides multichannel management services with a multi-user support structure for companies, aiming to facilitate customer service for them.
The Contracting User can choose from channels such as Telegram, SMS, Web Chat, email, among others. Each one with conditions described in a commercial proposal to be sent by DIGISAC. Additionally, we can also offer the WhatsApp Business Cloud API service.
If the WABA service is contracted, DigiSac® allows integration and management of the WhatsApp Business API (WABA), centralizing customer service on a single number and channel.
2) How to use our services?
When choosing to contract one of the platform's services, the User will receive a commercial proposal for approval through contact with our team. For some channels, such as email, a prior compatibility assessment between servers will be necessary.
DigiSac®'s WABA services are provided through the WhatsApp Business API (WABA), officially and with authorization from Meta (Facebook Inc.), the company that owns WhatsApp. It can also be done through our intermediation or through a Broker (a legal entity that acts as an intermediary in transactions), which can be partner companies like 360dialog (https://www.360dialog.com/), Gupshup(https://www.gupshup.io/pt) or Positus(https://positus.com.br/).
After contracting the WABA service, to learn more about how to integrate and the step-by-step usage of our services, access the guides:
• Handbook on the WhatsApp Business API;
• Step-by-step guide for official number activation;
• Instructions for WABA activation.
To better understand how to integrate other services, contact our team via email at contact@digisac.com.br.
3) Is the use of our platform paid?
Users must pay fees to use DigiSac®'s services as mentioned below:
For the contracting of WABA solution services: The values and payment conditions will be described in the ”Software Usage Licensing Agreement and Technical Support and Maintenance Services” contract concluded between the parties. The service will be charged on a post-payment basis, with successive installments.
• For the contracting of Cloud API solution services for WhatsApp Business: Payments must be made as described in the ”Software Usage Licensing Agreement and Technical Support and Maintenance Services” contract concluded between the parties. Additionally, the contracting Company must pay a CBP fee directly to the independent company Meta.
• For the contracting of services related to other channels: The values and payment conditions will be described in the commercial proposal sent by DigiSac®. The first charge will be prepaid to enable access. Subsequent charges will be on a monthly basis.
4) Is it safe to use our platform?
We strive to make our platform secure, but we still recommend that for the security of your device, you install and keep your Firewalls and Anti-Malware updated.
5 Can these conditions change?
Our Terms of Use may change, but you can always access the most updated version on our platform. Additionally, if we need your authorization due to legal requirements for any action, you will receive a notice beforehand to accept or decline.
6) What happens with personal data?
We have a Privacy Policy that explains what we do with your personal data. It's essential that you read and understand this document as well!
7) What's the content of the Terms of Use?
The following Terms of Use are divided as follows to make it easier for you to access information:
a) Text Availability Date;
b) Explanation of Technical or Foreign Language Terms;
c) Services;
d) User Registration;
e) Payment for Platform Use;
f) Responsibilities of the Parties;
g) DigiSac® Disclaimer;;
h) Service Level;
i) Conduct Rules and Prohibitions;
j) Intellectual Property;
k) Treatment of Personal Data, Privacy, and Security;
l) Platform Access Outcomes;
m) Changes to Terms and Conditions of Use;
n) Definition of Applicable Law and Jurisdiction;
o) Contact Channel;
DIGISAC.
TERMS OF USE
This platform, named DigiSac®, is owned, maintained, and operated by E.M. SOLUÇÕES INTEGRADAS DE SISTEMAS LTDA. (Ikatec®), registered under CNPJ number 18.716.151/0001-06, with headquarters at Rua Sérgio Arcângelo, No. 01-49, Jardim Nicéia, Bauru - SP, ZIP Code: 17.047-430.
This document aims to provide information about the use of the platform by Users and its tools, conditions, terminology, rights, and obligations, while also preserving Users' privacy. We advise you to read this entire text carefully, and if you do not agree with the content of our terms and privacy policy, please do not proceed with browsing or using our services. Furthermore, if accepted, we recommend that you store or print a copy of this agreement, including all policies.
1 TEXT AVAILABILITY DATE
1.1. This document was drafted and made available on 30/05/2023.
2 EXPLANATION OF TECHNICAL TERMS OR FOREIGN LANGUAGE TERMS
2.2. Below are the meanings of technical terms and terms in the English language.
• Login: The process that allows access to a computer system, controlled through user identification and authentication using credentials provided by the user.
• Online: An English term literally meaning “in line.“ It is commonly used to indicate that a particular internet user or computer network user is connected to the network.
• Virus: Malicious software that infects systems and computers, aiming to cause damage, replicate itself, and attempt to spread to other computers using various methods.
2.2. Types of platform Users:
• Administrator User: Responsible for the company within the platform, who will register Collaborator Users.
• Collaborator User: Employees or general collaborators of the contracting company of the platform.
• These Users, collectively, are referred to as Users.
3. SERVICES
3.1. Who we are: Our business is a technology platform that provides multichannel management services with a multi-user support structure for companies, aiming to facilitate customer service for them. The Contracting User can choose from channels such as Telegram, SMS, Web Chat, email, among others. Each one with conditions described in a commercial proposal to be sent by DigiSac® . Additionally, if the WABA service is contracted, DigiSac® allows integration and management of the WhatsApp Business API (WABA), centralizing customer service on a single number and channel. Furthermore, we can also offer the WhatsApp Business Cloud API service.
3.1.1. WhatsApp is a platform owned by Meta (Facebook Inc.). This company is independent and has no relation to this text. Therefore, we recommend that you also read the terms of use of this platform, referenced in item 3.6.4., before using our services.
3.1.2. E.M. SOLUÇÕES also does not take responsibility in cases of discontinuation of the DigiSac® platform due to structural changes made to the platform mentioned above that affect the functionality of the software. Additionally, if these platforms cease to exist, DigiSac® might also cease to exist due to the integration between them.
3.1.3. The DigiSac® 3.1.3. The DigiSac® platform provides its services through partners authorized by Meta (Facebook Inc.), integrating their approved lines from the official WhatsApp BSP: 360dialog. Gupshup or Positus
3.2. When choosing to contract one of the platform's services, the User, through contact with our team, will receive a commercial proposal for approval. For some channels, such as email, a prior compatibility assessment between servers will be necessary.
3.3. WABA 's DigiSac® services are provided through the WhatsApp Business API, officially and with authorization from Meta (Facebook Inc.), the company that owns WhatsApp, with or without the intermediation of a Broker (a legal entity that acts as an intermediary in transactions), in the following ways.
3.3.1. WABA services for WhatsApp Cloud API accounts provided by DigiSac® through the WhatsApp Business API, officially and with authorization from Meta (Facebook Inc.), the company that owns WhatsApp, without the intermediation of a Broker:
3.3.1.1. To link the DigiSac Platform to this program, the following steps are necessary:
a) Have a Facebook Account;
b) Have or create a company page;
c) Have or Create an account in the Meta Business Suite MBS;
d) Provide all valid company information in the Business Manager;
e) In the Applications section, create a new Application ID and add the WhatsApp App;
f) Provide a return URL for https://gateway.digisac.app/messenger-webhook, then insert the Webhook token;
g) Connect the provided WhatsApp account and register it in the DigiSac Platform (Business connection).
3.3.2. WABA services for WhatsApp Cloud API accounts, provided by DigiSac® through the WhatsApp Business API, officially and with authorization from Meta (Facebook Inc.), the company that owns WhatsApp, with the intermediation of a Broker, which can be the partner company 360dialog, Gupshup or Positus, or Positus, in the following manner:
3.3.3. After contracting the WABA service, to learn more about how to perform the integration and the step-by-step usage of our services, access the guides:
• Guide about the WhatsApp Business API;
• Step-by-step guide for official number activation;
• Instructions for WABA activation.
3.4. When using DigiSac®, the User must understand and accept that all their actions and choices are voluntary and are not influenced or interfered with by DigiSac®.
3.5. It is clarified that this service does not establish any employment, partnership, or association relationship between the parties. Each party remains solely responsible for all their respective expenses and charges, whether of a labor, social security, tax, insurance, civil, criminal, or any other nature.
3.6. The execution of the services described in these terms of use is conditioned upon the User's compliance with:
3.6.1. The licensing agreement concluded between the company responsible for the DigiSac® platform and the User and its annexes;
3.6.2. These terms of use;
3.6.3. The NDA (Non-Disclosure Agreement) entered into between the User and the partner company of DigiSac®, 360dialog, Gupshup or Positus.
3.6.4. The rules of use of WhatsApp, available at the links:
a) WhatsApp Business Solution Terms
b) Facebook Terms
c) Facebook Commercial Terms
d) WhatsApp Business Terms of Service
e) WhatsApp Business Policy
f) WhatsApp Legal Information
g) WhatsApp Brand Guidelines.
h) Diretrizes de Marca do WhatsApp.
3.6.5. The rules and conditions for the use of other channels, if contracted, according to the Terms of Use of these platforms and other documents provided by DigiSac®.
3.6.6. Compatibility between servers, especially concerning the email channel.
4. USER REGISTRATION
4.1. For registration and use of DigiSac® services, the following information will be required: Name, CPF (Tax Identification Number), and banking details (only for the Administrator User). Additionally, we may request some company information such as: Logo, legal name, address, and phone number.
4.2. Each Administrator User will determine their login and access password, being solely responsible for maintaining the confidentiality of this information. DigiSac® is not responsible for actions and damages that may result from unauthorized access to the account by third parties. The Administrator User of each company will be responsible for collecting data and registering their employees on the platform.
4.2.1. After registration, platform hiring, and service payment, the User must undergo verification and line acquisition procedures. The provision of the platform's service can only occur after this step is completed. For more information on the procedure, the User should consult the manuals described in item 3.2.
4.3. Registration on the platform is only permitted for individuals above 18 (eighteen) years old and DigiSac® will make reasonable efforts to confirm this data but is not responsible if the registered person does not possess the age stated in the form.
4.4. Users are responsible for providing true, accurate, and up-to-date information.
4.5. DigiSac® may refuse, suspend, or cancel a User's access account without prior notice whenever it suspects that the provided information is false, incomplete, outdated, or inaccurate or in cases indicated in applicable laws and regulations, these Terms of Use, or any Policy.
5. PAYMENT FOR PLATFORM USE
5.1. Users must pay fees to use DigiSac® 's services as mentioned below:
5.1.1. For the contracting of WABA solution services: The values and payment conditions will be described in the ”Software Usage Licensing Agreement and Technical Support and Maintenance Services” contract concluded between the parties. The service will be charged on a post-payment basis.
5.1.2. For the contracting of Cloud API solution services for WhatsApp Business or by Hiring Broker by the Licensee: Payments must be made as described in the ”Software Usage Licensing Agreement and Technical Support and Maintenance Services” contract concluded between the parties. Additionally, the contracting company must pay a CBP fee directly to the independent company Meta or to the Broker directly hired by the Licensee.
5.1.3. For the contracting of services related to other channels: The values and payment conditions will be described in the commercial proposal sent by DigiSac®. The first charge will be prepaid to enable access. Subsequent charges will be on a monthly basis.
5.1.4. Payment will be processed via the IUGU or Stripe billing platform.
5.1.5. DigiSac®, as a discretionary measure, grants its customers the possibility to cancel the acquired service and receive a full refund of the paid amounts, provided that such request is made within a period of up to 07 (seven) days from the date of purchase.
5.1.6. After the 07 (seven) days period, the cancellation conditions described in the ”Software Usage Licensing Agreement and Technical Support and Maintenance Services” contract concluded between the User and Digisac®, or the Privacy Policies, will apply, always respecting a minimum notice period of 30 (thirty) days. In case of cancellation, the User will lose their DigiSac® number.
5.2. The values related to this contract can be adjusted according to the positive variation of the National Consumer Price Index (IPCA) or another corresponding index or its replacement. The contract may also be altered to reestablish the initial agreement between the charges of the contracted party and the consideration for fair service compensation, aiming to maintain the initial economic-financial balance of the contract in the event of unforeseeable events or foreseeable but incalculable consequences, delays or impediments to the execution of the agreed-upon terms, or in the event of fortuitous events or force majeure, constituting extraordinary and extracontractual economic risks, where the CONTRACTING PARTY will be notified by the registered email with 30 (thirty) days in advance.
5.3. Any payment made between the parties shall be made in the national currency, that is, Brazilian Real (R$), unless expressly determined to the contrary.
5.3.1. The Contract may stipulate the value in US Dollars (USD) solely for the purpose of international remittance, should that be the payment method.
5.4. The LICENSEE must make payment of their invoice by the agreed-upon due date, failing which the license to use the DigiSac® platform may be suspended.
5.5. In case of non-payment of the invoice by the due date, the license to use the DigiSac® platform may be suspended.
6. RESPONSIBILITIES OF THE PARTIES
6.1. DigiSac®'s Responsibility:
6.1.1. Perform services as described in these terms of use;
6.1.2. Be responsible for the platform's operation and necessary corrections;
6.1.3. Inform Users of any changes to the services through simple announcements on the platform;
6.1.4. Fulfill the SLA of 98.5% (ninety-eight point five percent) uptime of the platform as per item 8.
6.2. Users' Responsibility:
6.2.1. Use the platform according to the usage criteria defined by DigiSac®, without altering its programming, breaking passwords, or performing actions that may cause harm to DigiSac® and other Users;
6.2.2. Be responsible for all legal purposes for the content of the information they introduce and the commitments they assume on the platform;
6.2.3. Fully comply with these Terms of Use, Privacy Policies, applicable laws, and contracts between the parties.
7. DISCLAIMER OF DigiSac®'s LIABILITY
7.1. DigiSac® is not responsible for:
7.1.1. Any unavailability of the platform not caused by them.
7.1.2. User conduct and failure to comply with their obligations.
7.1.3. Insertion of false information by Users;
7.1.4. Damages that the User may experience due to actions solely caused by third parties, as well as network connection failures and malicious interactions such as viruses.
7.1.5. Damages that the User may incur due to misuse of the platform contrary to these Terms, Privacy Policies, law, or court orders.
7.1.6. Fortuitous events or force majeure.
7.1.7. Any damage caused to the User by account blocks resulting from violations of policies, terms of use of WhatsApp Business Solution, or other documents mentioned here.
7.1.8. Unavailability on WhatsApp, the servers of partner companies 360dialog, Gupshup, Positus, or other partner platforms.
7.1.9. Errors in the User's use of the DigiSac® DigiSac® platform.
8. SERVICE LEVEL AGREEMENT (SLA)
8.1. DigiSac® makes every effort to ensure the efficiency of the contracted services, systems, and applications, adopting the necessary measures with all Users to prevent damage to their operation. Thus, since the platform is directly integrated with the functioning of the mentioned platforms, DigiSac® commits to offer its software available for 98.5% (ninety-eight point five percent) of the time in each calendar month.
8.2. The User may enjoy the ”technical support” and ”maintenance” services offered by DigiSac® under the terms of the ”Software Usage Licensing Agreement and Technical Support and Maintenance Services” contract concluded between the User and the company responsible for the platform.
8.3. The 98.5% (ninety-eight point five percent) Service Level Agreement commitment does not apply:
8.3.1. If your account is banned, blocked, or subjected to any other measure that WhatsApp (or the contracted channels) and the Broker may apply due to the User's misuse of DigiSac®, such as sending spam or inappropriate content;
8.3.2. If there are oscillations in synchronization and connection with third-party platforms, causing unexpected downtime;
8.3.3. Hard disk failures, with the time required for backup server data copying ranging from 16 (sixteen) to 48 (forty-eight) hours;
8.3.4. Internet connection failures;
8.3.5. Necessary interruptions for technical adjustments or maintenance, such as changing or installing hard drives, memory, network cards, software installation, and updates, will be notified in advance and will preferably take place during nighttime and low-activity hours.
8.3.6. Emergency interventions to preserve platform security to prevent or stop hacker activities or to implement security fixes;
8.3.7. Suspension of contracted services by competent authorities, the third-party platform, or due to non-compliance with clauses in these Terms of Use and/or Privacy Policies;
8.3.8. Fortuitous events or force majeure, as provided for in article 393 of the Civil Code;
8.3.9. Any acts or omissions of the User or third parties.
8.4. LICENCIADO may avail themselves of the ”technical support” and ”maintenance” services offered by IKATEC® under the following terms:
8.4.1. Technical Support: The technical support service aims to address technical questions regarding the operation of DigiSac®, as well as any problems, failures, and inconsistencies during system use. Requests must always be accompanied by customer contact information.
8.4.1.1. The response time to attend to any occurrences is, on average, 120 (one hundred and twenty) minutes from the opening of the request by the LICENCIADO, and may vary depending on the contracted plan, except in proven cases of force majeure, when they may be exceeded. In such cases (force majeure), IKATEC® will notify the LICENCIADO and provide a forecast for service.
Contracted Plan: User Support is segmented according to the contracted plan, with the first response time as follows: (i) Up to 8 (eight) hours for the Standard plan; (ii) Up to 6 (six) hours for the Corporate plan; and (iii) Up to 4 (four) hours for the CorpServ plan.
Contact Methods and Hours: Requests for Technical Support can be made through the following means (always observing the contracted plan that may offer other methods and hours): (i) by email at suporte@digisac.com.br; (ii) through the phones +55 14 3281 1338 and 14 3103 7800, via WhatsApp 14 3103 7800, and via Telegram @digisacbot, from Monday to Friday from 8:00 am to 6:00 pm.
9. RULES OF CONDUCT AND PROHIBITIONS
9.1. Users may not:
9.1.1. Infringe on DigiSac® , platform operators, other Users, third parties' rights, or act in any way that could contribute to such violation;
9.1.2. Perform acts that limit or prevent the use of the platform or illicitly access DigiSac® ;
9.1.3. Use the tool to engage in illegal actions and spread messages unrelated to the platform or its purposes, including messages with inappropriate content;
9.1.4. Enter data that is false, outdated, or incomplete;
9.1.5. Hold DigiSac® responsible for the conduct of Users registered on the platform.
9.1.6. When using the WhatsApp solution, violate the usage conditions of WhatsApp and Meta (Facebook Inc.) as described in item 3.5.4 of these terms.
9.1.7. When using other channels, violate the terms of use of the respective services.
9.2. Upon detecting any breach of conduct, the User may be blocked or excluded from the Platform without prior notice.
10. INTELLECTUAL PROPERTY
10.1. Ownership and rights related to the platform belong exclusively to E.M. SOLUÇÕES. Access to the platform and its regular use by the User does not confer any rights or privileges to intellectual property or other content therein.
10.2. All content on the platform, including name, trademark, domain, programs, databases, files, texts, designs, photos, layouts, headers, and other elements, were created, developed, or licensed to E.M. SOLUÇÕES, and are therefore the exclusive property of E.M. SOLUÇÕES or licensed to it and are protected by Brazilian laws and international treaties relating to intellectual property rights.
10.3. The following are prohibited: exploitation, assignment, imitation, copying, plagiarism, reverse engineering, hacking attempts, storage, alteration, modification of characteristics, enlargement, sale, rental, donation, alienation, transfer, reproduction, in whole or in part, of any content of the DigiSac® platform. DigiSac®.
10.4. Individuals who violate the prohibitions contained in intellectual property legislation and these Terms will be held liable, both civilly and criminally, for the committed offenses, and may also be penalized on the platform.
11. TREATMENT OF PERSONAL DATA, PRIVACY, AND SECURITY
11.1. DigiSac® has a specific policy to regulate the collection, storage, and processing of personal data, as well as its security: Privacy Policy. This specific policy is an integral part of these Terms, noting that usage data will be archived as required by current legislation.
12. CONSEQUENCES OF ACCESS TO THE PLATFORM
12.1. Despite DigiSac® 's best efforts to provide the best technologies to maintain connection, online synchronization, and secure access to Users, due to technical difficulties, internet applications, or transmission problems, inaccurate or incomplete copies of the information contained on the platform may occur. Additionally, computer viruses or other harmful programs could also inadvertently be downloaded from the platform.
12.1.1. DigiSac® recommends installing appropriate antivirus or protectors.
12.2. DigiSac® reserves the right to unilaterally modify the platform, as well as the configuration, presentation, design, content, functionalities, tools, or any other element, including its cancellation.
13. CHANGES TO TERMS AND CONDITIONS OF USE
13.1. DigiSac® may unilaterally add and/or modify any clause contained in these Terms of Use. The updated version will apply to the use of the platform performed after its publication. The continued access or use of the platform after disclosure will confirm the validity of the new Terms of Use by Users.
13.2. If the change made requires the User's consent, the option to freely, unequivocally, and informedly accept the new text or reject it will be presented.
13.3. If the User does not agree with the change, they may choose not to give consent for specific acts or may terminate their entire relationship with DigiSac®. However, this termination will not exempt the User from complying with all obligations assumed under previous versions of the Terms of Use.
14. APPLICABLE LAW AND CHOICE OF JURISDICTION
14.1. The Platform is controlled, operated, and administered in the city of Bauru, State of São Paulo, Brazil, and can be accessed from any device connected to the Internet, regardless of its geographical location.
14.1.1. DigiSac® does not guarantee that the platform is suitable or available for use in other locations. Individuals accessing or using DigiSac® 's platform from other jurisdictions do so on their own initiative and are responsible for complying with regional/national laws.
14.2. The User agrees that the applicable law for the purposes of these Terms and Conditions of Use and Privacy Policies will be the law in force in the Federative Republic of Brazil.
14.3. DigiSac® and the User agree that the Bauru Jurisdiction, State of São Paulo, Brazil, will be the only competent jurisdiction to resolve any issue or dispute arising from or resulting from the use of the platform, expressly waiving any other, no matter how privileged it may be or become.
15. CONTATO
15.1. DigiSac® provides the email contato@digisac.com.br for all communications that Users wish to make.
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