Terms & Conditions

Effective Date: March 13, 2025

1. Introduction

Welcome to Diginetics ("App"), provided by Diginetics ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our App, which facilitates communication through SMS, calls, and emails. By using our App, you agree to abide by these Terms. If you do not agree, please discontinue use immediately.

2. Acceptance of Terms

By accessing or using the App, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using this App on behalf of an organization, you affirm that you have the authority to bind that organization to these Terms.

3. User Accounts & Responsibilities
a. You may be required to create an account to use certain features of the App.

b. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

c. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

d. Unauthorized access or use of another user’s account is strictly prohibited.

e. You have the right to delete your account at any time through the App’s settings, in compliance with Apple’s and Google’s guidelines.

4. Communication Features, User Consent & Compliance

a. The App allows you to send SMS, make calls, and send emails.

b. You agree to comply with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, General Data Protection Regulation (GDPR) (for EU users), California Consumer Privacy Act (CCPA) (for California residents), and any applicable telecommunication regulations.

c. You are responsible for obtaining explicit consent from recipients before sending messages or making calls. This includes compliance with double opt-in procedures where required by law.

d. The App does not permit unsolicited bulk messaging (spam) or robocalling. Violations may result in suspension or termination of your account.

e. We reserve the right to monitor and review messages to ensure compliance with these regulations.

5. Data Collection, Usage & Storage

a. The App collects and processes user data such as phone numbers, call logs, message content, and email addresses to facilitate communication features.

b. We do not sell user data to third parties. Data is only shared with service providers necessary to deliver App functionality (e.g., SMS/call providers).

c. User data is securely stored and processed following industry standards to prevent unauthorized access or breaches.

d. Users have the right to request deletion of their data at any time by contacting [email protected].

6. Subscription & Payments (If Applicable)

a. Certain features of the App may require a subscription or incur additional charges.

b. Payment terms, billing cycles, and refund policies will be disclosed at the time of purchase.

c. Failure to make timely payments may result in suspension or termination of access to premium features.

7. Usage Restrictions

You agree not to:

a. Use the App for any unlawful, fraudulent, or abusive purpose.

b. Send unsolicited or bulk communications (spam) in violation of applicable laws.

c. Engage in harassing, threatening, or offensive communication.

d. Attempt to disrupt or compromise the security and integrity of the App.

e. Use the App in a manner that violates any third-party rights.

f. Use the App to collect or store recipient information without their explicit consent.

8. Intellectual Property

a. All content, trademarks, logos, and software associated with the App are owned by Diginetics or its licensors.

b. You are granted a limited, non-exclusive, non-transferable license to use the App solely for its intended purpose.

c. You may not copy, modify, distribute, or reverse-engineer any part of the App.

9. Privacy & Data Protection

a. Our Privacy Policy, available at https://diginetics.io/privacy-policy, describes how we collect, use, and protect your data.

b. By using the App, you consent to the collection and processing of your personal data in accordance with our Privacy Policy.

c. The App implements appropriate security measures to protect user data from unauthorized access or breaches.

d. Users have the right to request access, correction, or deletion of their personal data.

10. Disclaimers & Limitation of Liability

a. The App is provided "as is" and "as available," without any warranties of any kind.

b. We do not guarantee uninterrupted or error-free operation of the App.

c. To the fullest extent permitted by law, we disclaim all liability for any indirect, incidental, consequential, or punitive damages arising from your use of the App.

11. Termination & Suspension

a. We reserve the right to suspend or terminate your account at any time if you violate these Terms.

b. You may also terminate your account by ceasing to use the App.

c. Upon termination, any rights or licenses granted to you under these Terms will immediately cease.

d. If your account is terminated due to violations of spam, consent, or data compliance laws, we may report such violations to the relevant authorities.

12. Governing Law & Dispute Resolution

a. These Terms shall be governed by and interpreted in accordance with the laws of Utah.

b. Any disputes arising from these Terms shall be resolved through arbitration or the courts of Utah.

13. Changes to Terms

a. We may update these Terms from time to time. If we make material changes, we will notify you by email or in-app notification.

b. Your continued use of the App after changes take effect constitutes your acceptance of the new Terms.

14. Contact Information

If you have any questions or concerns about these Terms, please contact us at [email protected].

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