Terms of Use
We've done our best to reduce and simplify the rules of our platform. So, we've outlined below the most important points for you, which can also be read in a more complete and detailed manner in the following Terms of Use.
Additionally, we are always available to answer any questions you may have via email at contacto@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 these companies.
The Contracting User can choose from channels such as Telegram, SMS, Web Chat, email, among others, each 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) to centralize customer service on a single number and channel.
2) How to use our services?
When choosing to hire one of the platform's services, the User, through contact with our team, will receive a commercial proposal for approval. In the case of some channels, such as email, a preliminary evaluation of compatibility between servers may be required.
DigiSac®'s WABA services are provided through the WhatsApp Business API (WABA), officially and with authorization from Meta (Facebook Inc.), the owner of 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 360dialog (https://www.360dialog.com/), Gupshup(https://www.gupshup.io/pt) or Positus(https://positus.com.br/).
After hiring the WABA service, to learn more about how to integrate and step-by-step usage of our services, access the guides:
• Guide on WhatsApp Business API;
• Step-by-step activation of the official number;
• Instructions for WABA activation.
To better understand how to integrate other services, contact our team via email at contacto@digisac.com.br.
3) Is the use of our platform paid?
Users must pay fees to use DigiSac® services as mentioned below:
• For hiring WABA solution services: The values and payment conditions will be described in the Software Usage Licensing and Technical Support and Maintenance Service Agreement entered into between the parties. The service will be charged postpaid, with successive installments.
• For hiring API Cloud solution services from WhatsApp Business: Payments must be made as described in the Software Usage Licensing and Technical Support and Maintenance Service Agreement entered into between the parties. In addition, the contracting company must pay a CBP amount directly to the independent company Meta.
• For hiring 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 release. Subsequent charges will be billed month-to-month.
4) Is it safe to use our platform?
We make a great effort to ensure that our platform is secure, but we still recommend that for the safety of your device, you install and keep your firewalls and anti-malware programs updated.
5) Can these conditions be altered?
Our Terms of Use may change, but you can always access the most updated version on our platform. Additionally, if we are to take any action that requires your authorization by law, you will receive a notice beforehand to accept or decline.
6) What happens with personal data?
We have a Privacy Policy that outlines what we do with your personal data. It is crucial that you read and understand this document as well!
7) What is the content of the Terms of Use?
The following Terms of Use are divided as follows to facilitate your access to information:
a) Date of Text Availability;
b) Explanation of Technical Terms or in Foreign Language;
c) Services;
d) User Registration;
e) Payment for Platform Usage;
f) Responsibilities of the Parties;
g) Disclaimer of DigiSac®'s Liability;;
h) Service Level;
i) Rules of Conduct and Prohibitions;
j) Intellectual Property;
k) Treatment of Personal Data, Privacy, and Security;
l) Platform Access Ramifications;
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 with CNPJ under n.º 18.716.151/0001-06, headquartered at Rua Sérgio Arcângelo, n.º 01-49, Jardim Nicéia, Bauru - SP, ZIP Code: 17.047-430.
This document aims to provide information about how users can use the platform, its tools, conditions, nomenclatures, rights, and duties, as well as to preserve the privacy of users. We alert that the entire text should be read carefully, and if you do not agree with the content of our terms and privacy policy, do not proceed with navigation or the use of our services. We also recommend that, if accepted, you store or print a copy of this contract, including all policies.
1. DATE OF TEXT AVAILABILITY
1.1. This document was drafted and made available on 24/11/2023.
2. EXPLANATION OF TECHNICAL TERMS OR IN FOREIGN LANGUAGE
2.1. Below are the meanings of technical nomenclatures and terms in the English language.
• Login: It is the process that allows access to a computer system, controlled by the identification and authentication of the User by the credentials provided by that internet user.
• Online: Term from the English language whose literal meaning is 'online.' It is commonly used to designate that a specific Internet user or another computer network user is connected to the network.
• Virus: Malicious software that infects systems and computers, with the aim of causing damage, making copies of itself, and trying to spread to other computers using various means.
2.2. Types of Users of the platform:
• Administrator User: Responsible for the company with the platform, who will register Collaborator Users.
• Collaborator User: Employees or collaborators in general from the contracting company of the platform.
• These Users, together, are called Users.
3. SERVICES
3.1. What 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 these companies. The Contracting User can choose from channels such as Telegram, SMS, Web Chat, email, among others, each 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) to centralize customer service on a single number and channel. Additionally, we can also offer the WhatsApp Business Cloud API service.
3.1.1. The 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. The E.M. SOLUÇÕES also does not take responsibility in cases of discontinuation of the platform DigiSac® due to structural changes made in the aforementioned platform that affect the software's functionality. Additionally, if these platforms cease to exist, DigiSac® may also cease to exist due to the integration between them.
3.1.3. The platform DigiSac® provides its services through partners authorized by Meta (Facebook Inc.), integrating their lines approved by WhatsApp's official BSP: 360dialog. Gupshup or Positus
3.2. When choosing to hire one of the platform's services, the User, through contact with our team, will receive a commercial proposal for approval. In the case of some channels, such as email, a preliminary evaluation of compatibility between servers may be
3.3. The services WABA da DigiSac® are provided through the WhatsApp Business API, officially and with authorization from Meta (Facebook Inc.), the owner of WhatsApp, with or without the intermediary 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 owner of WhatsApp, without the intermediary of a Broker:
3.3.1.1. To link the DigiSac Platform to this program, it is necessary to:
a) Have a Facebook Account;
b) Have or create a company page;
c) Have or Create an account on Meta Business Suite MBS;
d) Enter all company data in the Business Manager (valid data);
e) In Applications, create a new App ID and add the WhatsApp App;
f) Provide the return URL for https://gateway.digisac.app/messenger-webhook, then insert the Webhook token;
g) Connect the provided WhatsApp and register it on 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 owner of WhatsApp, with the intermediary of a Broker, which can be the partner company 360dialog, Gupshup or Positus, as follows:
3.3.3. After contracting the WABA service, to learn more about how to integrate and the step-by-step use of our services, access the guides:
• Booklet on WhatsApp Business API;
• Step-by-step for activation of the official number;
• Instructions for WABA activation.
3.4. When using DigiSac®, the User must understand and accept that all their actions and choices are free and do not have any kind of influence or interference from DigiSac®.
3.5. It is clarified that this service does not establish any employment, partnership, or associative relationship between the parties, with each party remaining solely responsible for all their respective expenses and charges, whether of a labor, social security, tax, insurance, civil, criminal, or any other nature or kind.
3.6. The execution of the services described in these terms of use will be conditioned on 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) agreed 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 following links:
a) WhatsApp Business Solution Terms
b) Facebook Terms
c) Facebook Commercial Terms
d) WhatsApp Business Service Terms
e) WhatsApp Business Policy
f) WhatsApp Legal Information
g) WhatsApp Intellectual Property Policy
h) WhatsApp Brand Guidelines
3.6.5. Rules and conditions for using 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 regarding the email channel.
4. USER REGISTRATION
4.1. For the registration and use of services from DigiSac® the following will be required: Name, CPF (Brazilian ID), and banking information, the latter only from the Administrator User. Additionally, we may request some company data such as: Logo, company 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. The DigiSac® is not responsible for actions and damages that may be caused by irregular 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 payment for services, the User must undergo verification procedures and obtain the line. The platform's service can only be provided once this step is completed. For more information on the procedure, the User should refer to the manuals described in item 3.2.
4.3. Registration on the platform is allowed only for individuals over 18 (eighteen) years old and the DigiSac® will make reasonable efforts to confirm this data, but is not responsible if the registered person is not of the age indicated in the form.
4.4. Users are responsible for providing true, accurate, and up-to-date information.
4.5. The DigiSac® may refuse, suspend, or cancel a User's access account without prior notice whenever it suspects that the information provided is false, incomplete, outdated, or inaccurate or in cases indicated in the 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® services, as mentioned below:
5.1.1. For the hiring of WABA solution services: The values and payment conditions will be described in the ''Software Use License Agreement and Technical Support and Maintenance Services'' contract entered into between the parties. The service will be charged postpaid, with successive installments.
5.1.2. For hiring WhatsApp Business Cloud API services or through Broker hiring by the Licensee: Payments must be made as described in the ''Software Use License Agreement and Technical Support and Maintenance Services'' contract entered into between the parties. Additionally, the contracting company must pay a CBP amount directly to the independent company Meta or to the Broker directly hired by the Licensee.
5.1.3. For hiring services related to other channels: Values and payment conditions will be described in the commercial proposal sent by DigiSac®. The first billing will be in advance to enable access release. Subsequent billings will be month-to-month.
5.1.4. Payment will be processed via billing platform termosdeuso:iugu_link or Stripe.
5.1.5. DigiSac®, at its discretion, grants its customers the possibility to cancel the acquired service and receive a full refund of the amounts paid to DigiSac®, provided that such request is made within 07 (seven) days from the date of purchase.
5.1.6 After the period of 07 (seven) days, the cancellation conditions described in the ''Software Use License Agreement and Technical Support and Maintenance Services'' contract entered into between the User and DigiSac® will apply, or the Privacy Policies, 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 may be adjusted according to the positive variation of the Broad Consumer Price Index (IPCA) or another corresponding index or its substitute. The contract may also be amended to restore the initial relationship agreed upon by the contracting parties between the contractor's charges and the compensation for the fair remuneration of the service, aiming to maintain the initial economic and financial balance of the contract, in the event of unforeseeable facts or foreseeable but incalculable consequences, delaying or impeding the execution of the agreed-upon, or, also, in case of force majeure, fortuitous event, or force majeure, configuring extraordinary and extra-contractual economic risk, where the CONTRACTOR will be notified by the registered email 30 (thirty) days in advance.
5.3. Any payment made between the parties must be in the national currency, that is, Brazilian Real (BRL), unless expressly determined otherwise.
5.3.1. There may be a provision in the Contract for the amount expressed in US Dollars (USD), only for the purpose of international remittance if this is the payment method.
5.4. The LICENSEE must make the payment of their invoice by the agreed-upon due date, under penalty of having the license to use the platform suspended.
5.5. In case of non-payment of the invoice by the due date, the license to use the platform of DigiSac® may be suspended.
6. RESPONSIBILITY OF THE PARTIES
6.1. DigiSac® Responsibility:
6.1.1. Perform the services as described in these terms of use;
6.1.2. Be responsible for the operation of the platform and for any necessary corrections;
6.1.3. Inform Users of any changes to the services through simple communications on the platform;
6.1.4. Comply with the SLA of 92% (ninety-eight point five percent) platform operation as per item 8 on Meta channels, Telegram, Webchat, Reclame Aqui, Google Chat, etc.
6.1.5. Comply with the SLA 98.5% (ninety-eight point five percent) platform operation as per item 8 for Meta WABA accounts.
6.2. User Responsibility:
6.2.1. Use the platform according to the usage criteria defined by DigiSac®, without altering its programming, breaking passwords, or performing procedures that may cause harm to DigiSac® and other Users;
6.2.2. Be responsible for all effects, including legal, for the content of the information entered and the commitments made on the platform;
6.2.3. Fully respect these Terms of Use, Privacy Policies, and other policies on the website www.digisac.com.br (Code of Ethics, Anti-Corruption Policy, Data Protection Policy), current legislation, and contracts between the parties.
7. DigiSac® DISCLAIMER
7.1. DigiSac® DigiSac® is not responsible for:
7.1.1. Any unavailability of the platform that it did not cause.
7.1.2. User conduct and non-compliance with their obligations.
7.1.3. Insertion of false information by Users;
7.1.4. Damages that the User may experience due to exclusive actions of third parties, as well as network connection failures and malicious interactions such as viruses.
7.1.5. Damages that the User may have due to misuse of the platform in violation of these Terms, Privacy Policy, law, or court orders.
7.1.6. Acts of God 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, 360dialog GmbH, Gupshup, Positus servers, or other partner platforms.
7.1.9. Errors in platform use DigiSac® by the User.
8. SERVICE LEVEL
8.1. DigiSac® DigiSac® makes efforts to ensure the efficiency of contracted services, systems, and applications, taking the necessary measures with all Users to prevent damage to their operation. Therefore, given the fact that the platform is directly integrated into the operation of the mentioned platforms, DigiSac® commits to offer its software available for 98.5% (ninety-eight point five percent) of the time in each civil month.
8.2. The User may benefit from the “technical support” and “maintenance” services offered by DigiSac® according to the “Software Use License Agreement and Technical Support and Maintenance Services” contract entered into 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 prohibited, blocked, or any other measure that WhatsApp (or contracted channels) and the Broker can apply due to misuse by the User of DigiSac®, such as in the case of sending spam or inappropriate content;
8.3.2. In case of fluctuations in synchronization and connection with third-party platforms, causing unexpected stops;
8.3.3. Hard disk failures, with the time required for data copying from the backup server ranging from 16 (sixteen) to 48 (forty-eight) hours;
8.3.4. Internet connection failures;
8.3.5. Interruptions necessary for technical adjustments or maintenance, such as the replacement or installation of hard drives, memories, network cards, software installation, and updates, will be notified in advance and preferably carried out at night and during low movement hours;
8.3.6. Emergency interventions to preserve the security of the platform aimed at preventing or ceasing the actions of hackers or implementing security fixes;
8.3.7. Suspension of contracted services by order of competent authorities, third-party platforms, or non-compliance with the clauses of these Terms of Use and Privacy Policies;
8.3.8. Acts of God or force majeure, in accordance with article 393 of the Civil Code;
8.3.9. Any acts or omissions of the User or third parties.
8.4. DigiSac® LICENSEE may benefit from the “technical support” and “maintenance” services offered by IKATEC® as follows:
8.4.1. Technical Support: The technical support service aims to eliminate technical doubts regarding the operation of DigiSac®, as well as any problems, failures, and inconsistencies during system use, and 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, counted from the opening of the call by the LICENSEE, and may vary according to the contracted plan, except in cases of proven fortuitous events or force majeure, when they may be exceeded. In these cases (fortuitous events or force majeure), it will be the responsibility of IKATEC® to notify LICENSEE 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 in the following ways: (i) by email support@digisac.com.br; (ii) by phone +55 14 3103 7800 or WhatsApp +55 14 3103-7800, (iii) or web chat on the website www.digisac.com.br, Monday to Friday from 08:00 am to 06:00 pm.
9. CODE OF CONDUCT AND PROHIBITIONS
9.1. Users do not may:
9.1.1. Infringe the rights of DigiSac® , platform operators, other Users, third parties, or act in any way that may 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 illicit activities and disseminate messages unrelated to the platform or its purposes, including messages with inappropriate content;
9.1.4. Insert 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 terms of use of WhatsApp and Meta (Facebook Inc.), described in item 3.5.4., of these terms.
9.1.7. When using other channels, violate the terms of use of their respective services.
9.2. Upon any breach of conduct, the User may be blocked or excluded from the Platform, without the need for prior notice.
10. INTELLECTUAL PROPERTY
10.1. Ownership and rights related to the platform belong exclusively to E.M. SOLUTIONS. Access to the platform and its regular use by the User do not grant any right or prerogative over intellectual property or other content inserted therein.
10.2. All content of the platform, including name, brand, domain, programs, databases, files, texts, designs, photos, layouts, headers, and other elements, was created, developed, or licensed to E.M. SOLUTIONS, and is therefore the exclusive property of E.M. SOLUTIONS or licensed to it and is protected by Brazilian laws and international treaties on intellectual property rights.
10.3. Prohibited: exploration, assignment, imitation, copy, plagiarism, reverse engineering, attempted invasion (hacking), storage, alteration, modification of characteristics, enlargement, sale, lease, donation, alienation, transfer, reproduction, in whole or in part, of any content of the platform DigiSac®.
10.4. Anyone who violates the prohibitions contained in the legislation on intellectual property and in these Terms will be held civilly and criminally liable for the offenses committed and may be penalized on the platform.
11. PROCESSING OF PERSONAL DATA, PRIVACY, AND SECURITY
11.1. The 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 inseparably integrated into these Terms, emphasizing that platform usage data will be archived in accordance with applicable law.
12. CONSEQUENCES OF ACCESS TO THE PLATFORM
12.1. Despite the best efforts of DigiSac® to provide the best technologies to maintain online connection and synchronization and secure access to Users, due to technical difficulties, internet applications, or transmission problems, inaccurate or incomplete copies of information contained on the platform may occur. Additionally, computer viruses or other harmful programs may also be inadvertently downloaded from the platform.
12.1.1. The DigiSac® recommends installing suitable antivirus or protectors.
12.2. The DigiSac® reserves the right to unilaterally modify the platform, as well as its configuration, presentation, design, content, features, tools, or any other element, including its cancellation.
13. CHANGES TO TERMS AND CONDITIONS OF USE
13.1. The DigiSac® may unilaterally add and or modify any clause contained in these Terms of Use. The updated version will apply to platform use performed from 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 User consent, the option to accept the new text freely, unequivocally, and informed or reject it will be presented.
13.3. If the User does not agree with the change, they may not provide consent for specific actions or may completely terminate their relationship with DigiSac®. This termination will not, however, exempt the User from complying with all obligations assumed under previous versions of the Terms of Use.
14. APPLICABLE LAW AND CHOICE OF FORUM
14.1. The Platform is controlled, operated, and administered in the city of Bauru, State of São Paulo, Brazil, and can be accessed by any device connected to the Internet, regardless of its geographical location.
14.1.1. The DigiSac® does not guarantee that the platform is appropriate or available for use in other locations. Persons accessing or using the platform from other jurisdictions do so at their own risk and are responsible for complying with regional/national laws. DigiSac® termosdeuso:terms_point_fourteen_point_one_point_one_part_three
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 one in force in the Federative Republic of Brazil.
14.3. The DigiSac® and the User agree that the Forum of Bauru, State of São Paulo, Brazil, will be the sole competent court to settle any issue or controversy arising from or resulting from the use of the platform, expressly waiving any other, no matter how privileged it may be or may become.
15. CONTACT
15.1. DigiSac® provides the email contato@digisac.com.br to receive all communications that Users wish to make.
Digisac, the multichannel digital PBX
We can handle your communication with all the main channels of digital messaging, consult us.