These are our Digimune policies.
Please contact us directly, if you need guidance to understand our product and service offering.
Please click on the desired policy below to navigate to the content.
You can also contact us directly for explanation of our terms and conditions.
Terms and conditions for our restitution and legal services
Terms and conditions pertaining to our DigiCare warranty for identity theft and cyberextortion
Digimune Insurance terms and conditions.
The platform, software and services that Digimune provides to its customers are powerful tools that assist them in detecting and remediating threats from social, mobile, digital, and collaboration sites and platforms. Although much of this policy repeats points addressed in our agreements for services, we believe these are points worth reinforcing. Accordingly, our customers agree to access and use of the services as follows:
To avoid any confusion, Digimune does not control Source Platforms or Source Platform Terms of Service, each of which remains subject to change by the applicable Source Platform provider, in some cases without notice.
Source Platform Terms:
This policy is not intended to be exhaustive or as a substitute for common sense and good judgment. If you have questions regarding the appropriate use of any product or service, please contact us at email@example.com.
You represent and warrant that:
The agreement becomes binding and effective on you upon the earliest of:
This agreement sets forth the terms pursuant to which you may purchase, and we will provide, subscription and support services through one or more orders.
Each order will be deemed to incorporate the terms of this agreement and identify, as applicable, the subscription services, support services, service parameters, order term, fees, and other relevant details.
If you purchase through a reseller, such details will be identified in the order placed with us by the reseller, and the reseller is responsible for the accuracy of any such order.
Resellers are not authorised to make any promises or commitments on behalf of us.
Subject to this agreement, you or your business affiliates are authorised to access and use the subscription services specified in the order and associated User Guide for the order term solely for your personal or business purposes – depending on the type of subscription purchased.
These authorisations are subject to the service parameters and are limited, non-exclusive and non-transferable.
Subject to this agreement, we provide support services at the plan levels purchased under the order (if any).
You agree to provide us with reasonable information and assistance to facilitate performance of support services.
To the extent we create reports or other works in the course of providing support services. You are authorised to use the reports in connection with purchased subscription services solely for your own personal, or internal business purposes.
You own all right, title and interest in and to customer content, including all associated Intellectual property rights.
You, on behalf of yourself and your covered affiliates and authorised users, hereby grant us a non-exclusive, royalty-free, right and license during the order term to use, reproduce, transmit, perform, display and store customer content solely for us to fulfil our obligations and provide the subscription services and support services under the order.
We will employ appropriate security measures throughout the order term, taking into account the nature of the information, data and content processed by the subscription services, in accordance with applicable industry practice to protect your data from accidental loss and from unauthorised access, use, alteration or disclosure.
Without limiting the foregoing, we will comply with Data Protection Laws with respect to its use of customer content comprising personal information.
Subject to applicable service parameters, the subscription services support access to source content and may support integrations or connections to source platforms and to other third-party (or your) apps, sites, platforms or material (collectively, but exclusive of any customer content therein).
By accessing or using outside material in, with or through the subscription services, you hereby grant us permission to access and use (and to interoperate with, as necessary) such outside material.
You acknowledge that:
If included in purchased support services and requested by you, we will initiate takedown requests with the applicable source platform or other third-party online service provider.
In such case, you hereby grant us, for the order term, a limited, revocable appointment to submit takedown requests on your behalf (or on behalf of any covered affiliate and authorised users). You agree to provide written authorisations upon our request that we can share with the third-party provider(s) to confirm our authority to submit such takedown requests.
You understand that we do not and cannot control the processing of takedown requests by source platforms or other third-party providers, guarantee success, or provide legal advice.
You will be solely responsible for:
You agree to use commercially reasonable efforts to prevent unauthorised access or use of the subscription services, and shall contact us promptly if any logins are lost, stolen or disclosed to an unauthorised person, or if you reasonably believe that the subscription services have been compromised.
No provision of this agreement includes the right to, and you shall not, directly or indirectly:
We reserve the right to investigate potential violations, and to monitor, restrict and remove any customer content or outside material.
In the event that we believe the terms are being violated, in addition to any other remedies available at law or in equity (including termination pursuant to Section 24), we will have the right to suspend, as applicable, authorised users’ access to and use of the services for so long as is reasonably necessary to address the potential violation.
Except in urgent or emergency situations, we will notify you of any such suspension in advance, and work with you in good faith to resolve the potential violation.
In addition, we may report any activity that we reasonably believe violates any law or regulation to law enforcement, regulators or other appropriate party, and may also cooperate with any investigation by such parties.
For clarity, we reserve the right, but does not assume any obligation to you, your covered affiliates or authorised users (except with respect to the Suspension Notice), to take any of the actions described.
We may make such changes to any of the services, User Guide and / or ancillary works that we deem necessary or appropriate:
We may use information related to your use of the services to provide, evaluate, improve and promote our software and services, including to provide authorised users with insights and other reporting.
Except where analytics are used directly for you, we shall de-identify analytics with respect to any personal information, and shall in no event attribute any analytics to you (or any authorised user) without your prior written consent.
The foregoing shall not, however, preclude us from using source content or other outside material that is or becomes publicly available.
We are the sole and exclusive owner of all right, title and interest in and to the services and User Guide and, exclusive of any customer content or customer confidential information therein, ancillary works and feedback, as well as any and all know-how, processes, methods, specifications, inventions, user interfaces, libraries and other technology and materials of any kind that are used or provided by us to you or an authorised user in connection with the services, in all cases together with all associated intellectual property rights.
No title to or ownership of the services or any associated Intellectual property rights is transferred under this agreement and we reserve all rights not otherwise expressly granted in this agreement.
You shall pay us the amounts specified in each order, in accordance with its terms and this agreement. Unless otherwise specified in the order, all amounts must be paid upon order.
All amounts shall be fully earned when paid and non-refundable unless:
In all other cases, and regardless of whether you use the services at the levels reflected in the orders or otherwise, you are responsible for paying all amounts specified in the orders through expiration of the applicable order terms.
If you purchase through a reseller:
Unless either party gives the other party written notice of its intention not to renew an order at least 30 days prior to the order’s then current expiration date, the order will automatically renew for additional periods of the same duration as the expiring order.
We both agree that Digimune may increase its prices for services by up to 7% for a renewal order term upon notice to you at least 60 days in advance of such renewal order term. If you object to the increase, then you must notify us of your intention not to renew the order as provided above.
Failure to timely notify us will be deemed to constitute consent to the applicable fee increase.
As used in this agreement, “confidential information” means any information disclosed by one party, its affiliates, business partners or their respective employees, agents or contractors that is designated as confidential, either orally or in writing, or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential.
Confidential information includes without limitation:
However, confidential information does not include any information that:
Each party reserves any and all right, title and interest, including any intellectual property rights, that it may have in or to any confidential information that it may disclose to the other party under this agreement.
The recipient shall protect confidential information of the discloser against any unauthorised use or disclosure to the same extent that the recipient protects its own confidential information of a similar nature against unauthorised use or disclosure, but in no event shall use less than a reasonable standard of care to protect such confidential information.
The recipient shall use any confidential information of the discloser solely for the purposes for which it is provided by the discloser.
This section will not be interpreted or construed to prohibit:
In the event of any breach or threatened breach by the recipient of its obligations under this section, the discloser will be entitled to seek injunctive and other equitable relief to enforce such obligations.
Each party represents and warrants that:
We warrant to you that, during the order term:
Our sole liability, and your sole and exclusive remedy, for any breach of the warranties under this section will be, in our sole discretion and at no charge to you:
The warranties under this section do not apply to the availability of the subscription services.
In addition, the warranties do not extend to Outside Changes, Force Majeure Events, Free Services, or any use of the services other than in accordance with this agreement and the User Guide, Acceptable Use Policy, outside terms and order.
Subject to the warranty exceptions, we warrant to you that, during the order term, we will perform all support services included under the order in a professional and workmanlike manner in accordance with generally recognised industry standards for similar services.
Our sole liability, and your sole and exclusive remedy, for any breach of the warranties under this section will be, in our sole discretion, and at no charge to you, to re-perform the non-conforming support services, provided you notify us in writing of any alleged non-conformity within 20 days of delivery of the applicable support services.
Except as expressly provided in this agreement, neither party makes any warranty or guarantee of any kind, whether express, implied, statutory, or otherwise. Each party specifically disclaims all warranties, whether implied, express, or statutory, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement, and all warranties arising from course of dealing, usage or trade practice, to the maximum extent permitted by applicable law.
Except for the express warranties and the availability commitment, all services and materials are provided “as is”.
We make no warranty of any kind that the services, User Guide or ancillary works, or results of the use thereof will:
We assume no liability or responsibility for personal injury or property damage resulting from the use of our services.
Unless terminated early in accordance, the term of this agreement will continue through the expiration or earlier termination of the last order to be in effect.
The provisions set forth in the sections, and any other right or obligation of the parties in this agreement that, by its nature, should survive termination or expiration of this agreement, will survive any expiration or termination of this agreement.
We may terminate any order or suspend services upon written notice to you, if you fail to pay any amount due under the order, and such failure continues more than 10 days after our delivery of written notice.
In addition, either party may terminate this agreement and all orders, effective on written notice to the other party, if the other party materially breaches this agreement, and such breach (if capable of cure) remains uncured 30 days after the non-breaching party provides the breaching party with written notice of such breach.
Notwithstanding any provision of this agreement to the contrary, we may without penalty or liability and with or without notice, modify or discontinue its provision of free services at any time and, to the extent you are using only free services, immediately terminate this agreement.
Upon expiration or earlier termination of an order:
Following your request made no later than 10 days from the effective date of termination of an order, we will make available to you an export in CSV or other mutually agreed format of source content collected through your use of the subscription services and customer content that, in each case, was accessible to authorised users through the subscription services immediately prior to termination.
Following such 10-day period, we shall have the right to delete all accessible data in accordance with our deletion policies and procedures and your expressly consents to such deletion.
You agree to defend, indemnify and hold harmless our company, its affiliates and their employees, agents, contractors, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action or proceeding by a third party, including personnel, arising out of or relating to customer content or any use of the services other than in accordance with this agreement and the User Guide, Acceptable Use Policy and order, including without limitation your violation of applicable outside terms or applicable law.
We agree to defend, indemnify and hold harmless you, your covered affiliates and their personnel, officers and directors, from and against any and all losses arising out of or related to any action by a third party alleging that use of the services in accordance with this agreement and the User Guide, Acceptable Use Policy and order infringes or misappropriates such third party’s Intellectual property rights.
If the services become, or in our opinion are likely to become, the subject of a customer infringement claim, we may in its discretion and at its own expense:
We will have no liability for any customer infringement claim to the extent it arises from:
The foregoing states our entire liability and your exclusive remedies for any claim of intellectual property rights infringement or misappropriation.
Your or our indemnitee shall promptly notify the other, in writing of any action for which it seeks indemnification and cooperate with the indemnifying party at the indemnifying party’s expense.
The indemnifying party shall promptly take control of the defense and investigation of such action and shall employ counsel of its choice to handle and defend the same, at the indemnifying party’s expense.
An indemnitee may participate in and observe the proceedings at its own expense with counsel of its own choice.
A party’s failure to perform any obligations under this section will not relieve the indemnifying party of its obligations, except to the extent that the indemnifying party can demonstrate that it has been materially prejudiced as a result of such failure.
The indemnifying party shall not settle an action without the indemnified party’s written consent if such settlement shall require action or payment by the indemnified party.
Notwithstanding any provision of this agreement to the contrary, our obligations do not apply to your use of free services.
To the fullest extent permitted by applicable law, except as otherwise provided in this section:
In the ordinary course of our business, we use third-party service providers to support the provision of the services generally, i.e., not specifically for you.
In addition, we may provide services through one or more affiliates.
We reserve the right to engage and substitute ordinary course providers and affiliates, as it deems appropriate, but shall remain responsible to you for the provision of the services and the actions and omissions of our ordinary course providers and affiliates undertaken in connection with this agreement.
For clarity, providers of source platforms and other outside material shall not be deemed ordinary course providers for any purpose under this agreement.
Neither party shall issue or release any announcement, statement, press release or other publicity or marketing materials relating to this agreement or, unless expressly permitted under this agreement, otherwise use the other party’s marks or logos without the prior written consent of the other party; provided however that we may include your company’s name and logo in our lists of customers, our public website and other promotional material.
Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this agreement, for any failure or delay in fulfilling or performing any term of this agreement, when and to the extent such failure or delay is caused by acts of God; flood, fire or explosion; war, terrorism, invasion, riot or other civil unrest; embargoes or blockades in effect on or after the date of this agreement; or national or regional emergency, in each case, provided:
The parties expressly understand and agree that their relationship is that of independent contractors.
Nothing in this agreement shall constitute one party as an employee, agent, joint venture partner or servant of another.
This agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this agreement.
Each party may assign this agreement in connection with any merger, consolidation or reorganisation involving such party (regardless of whether a surviving or disappearing entity), or a sale of all or substantially all of a party’s business or assets relating to this agreement to an unaffiliated third party.
Subject to the foregoing, neither party may assign this agreement, whether by operation of law or otherwise, without the other party’s prior written consent, and any purported assignment in violation of this section is void.
This agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
You shall, in connection with this agreement:
You represent that you are not a sanctions target or prohibited from receiving services pursuant to this agreement under applicable laws, including export laws.
The services, User Guide and ancillary works are provided to the U.S. government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data” with the same rights and restrictions generally applicable to the services and those materials.
If you are, or any authorised user is using services on behalf of the U.S. government and these terms fail to meet the U.S. government’s needs or are inconsistent in any respect with federal law, you and your authorised users must immediately discontinue use of the services.
The terms listed above are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.
The parties agree that both the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (“UCITA”) are specifically excluded from application to this agreement.
Except to the extent the issue arising under this agreement is governed by United States federal law, this agreement shall be governed by and construed and enforced in accordance with the laws of the State of Maryland, without giving effect to the choice of law rules of that State (and without application of UCITA).
Any legal action or proceeding arising under or relating to this agreement shall be brought exclusively in the state or federal courts located in Baltimore, Maryland, USA, and the Parties expressly consent to personal jurisdiction and venue in those courts.
This agreement, together with all orders, and the Acceptable Use Policy, is the complete and exclusive statement of the agreement between the parties and supersedes all proposals, questionnaires and other communications and agreements between the parties (oral or written) relating to the subject matter of this agreement.
Any terms and conditions of any other instrument issued by you in connection with this agreement, which are in addition to, inconsistent with or different from the terms and conditions of this agreement shall be of no force or effect.
Additionally, this agreement supersedes any confidentiality, non-disclosure, evaluation or trial agreement previously entered into by the parties with respect your or an affiliate’s evaluation of the services or otherwise with respect to the services.
Except as otherwise provided, this agreement may be modified only by a written instrument duly executed by authorised representatives of the parties.
The failure of us to exercise or enforce any condition, term or provision of this agreement will not operate as a waiver of such condition, term or provision. Any waiver by either party of any condition, term or provision of this agreement shall not be construed as a waiver of any other condition, term or provision.
If any provision of this agreement is held invalid or unenforceable, the remainder of the agreement shall continue in full force and effect. The headings in this agreement are for reference only and shall not affect the interpretation of this agreement.
For purposes of this agreement, the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; the word “or” is not exclusive; and the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this agreement as a whole.
Notices required or permitted to be given under this agreement shall be in writing and shall be deemed to be sufficiently given:
Acceptable Use Police
Our standard Acceptable Use Policy
With respect to a party, a business entity that directly or indirectly controls, is controlled by or is under common control with, such party
The direct or indirect ownership of more than 50% of the voting securities of a business entity
Any and all governmental laws, rules, regulations or orders that are applicable to a particular party’s performance under this agreement
Your individual employee, agent or contractor or a covered affiliate for whom subscriptions to subscription services have been purchased pursuant to the terms of the applicable order and this agreement, and who have been supplied user credentials for the subscription services by you or the covered affiliate (or by us at your or a covered affiliate’s request)
Information, data and content originating with you (or an authorised user) that you or an authorised user submits to the subscription services, including customer-specific configurations and rules, or provides to us for the provision of support services
Any aspects of the services that are free and do not require payment, such as beta features or functionality or, in the case of a free trial or unpaid proof of concept, the services themselves
Intellectual Property Rights
Any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world
Viruses, worms, time bombs, trojan horses and other harmful or malicious code, files, scripts, agents or programs
A separate written order for services pursuant to this agreement entered into by you (or a contracting affiliate) and us or if you have purchased through a reseller, placed by the reseller with us for you.
With respect to each order, the initial subscription term for the subscription services specified in the applicable order and all renewal order terms, if any
Us or you (or any contracting affiliate that enters into an order)
Information relating to an identified or identifiable natural person, such as name and online identifier, that is protected by applicable laws with respect to privacy where the individual resides
Personal information that is subject to specific or heightened requirements under applicable law or industry standards, such as government-issued identification numbers, protected health information under U.S. Health Insurance Portability and Accountability Act, non-public personal information under the U.S. Gramm-Leach-Bliley Act, cardholder data under the PCI Data Security Standard, and special categories of personal data and personal data relating to criminal offenses under the EU General Data Protection Regulation
Criteria with respect to services specified in the associated order and User Guide, such as numbers of business brands, social media accounts or domains eligible for protection through the subscription services, source platforms and types of source content supported under the purchased subscription, and the number of social or web takedown requests available
Collectively, the subscription services and support services
Data, content or other material available from a source platform
An app, site or platform hosted by a third party (or by you) that allows its users to share and store data, content and other material, such as sites for social networking and microblogging and sites that support blogs, reviews, surveys and comments. Depending on the applicable service parameters, source platforms could include, for example, Facebook and Instagram.
Our cloud-hosted social media and digital risk protection software-as-a-service solutions. The term subscription services does not include source platforms or other outside material.
Implementation, configuration, training, support, managed security, takedown requests and other consulting services purchased by you under an order
A request submitted by you to a source platform or other online service provider on your behalf to remove data, content or other material that violates applicable law, infringes intellectual property rights or otherwise violates applicable outside terms
Our standard user guide for the subscription services
We may update or modify this agreement from time to time.
If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (by, for example, sending an e-mail to the billing contact you designate in the applicable order or by posting through the subscription service).
If we modify the agreement during an order term, the modified version will be effective immediately upon the start of the next renewal order term. In this case, if you object to the updated agreement, as its sole and exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew.
For the avoidance of doubt, any order is subject to the version of the agreement in effect at the time of the order.
Contact us via e-mail or complete the form and the correct department will get back to you.
Workshop 17, 32 Kloof Street, Cape Town 8001
C/O Haggards, Heathmans House, 19 Heathmans Road, London SW6 4TJ
Digimune (Pty) Ltd: 2020/100553/07