TERMS & CONDITIONS

Welcome to Digify. The following terms and conditions and privacy policy govern your use of the Digify website, app and all Digify Services.

By your registration, you have agreed to the following Terms and Conditions. You acknowledge that you have been given the opportunity to review these terms and consent to be bound by them.

You represent and warrant that you are of legal age of majority in the jurisdiction in which you reside in order to: use these Services, and to form a binding contract with the Company. You understand that laws may vary by country, state, province or municipality. You acknowledge that you are solely responsible for compliance with all laws, regulations, and rules for all activities undertaken in your use of Digify.

Digify Services

Digify offers users a document security service, subject to these terms and conditions. For the provision of these services, certain fees and service charges may apply. Currently we offer free and premium accounts. Payments are processed through Stripe. Current rates are available at our pricing page. Digify reserves the right to change rates, and offer promotions.

Through Digify, users can access and share content stored on 3rd party services, such as Dropbox, Box, and Google Drive. Digify does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.

Content Ownership

When you use our Services, you provide us with things like your files, contacts and so on ("Content"). Your Content is yours. These Terms do not give us any rights to Your Content except for the limited license and permissions necessary to carry out these Services. These licenses and permissions shall extend to our affiliates.

We are not responsible for Content posted or shared via Digify. Nor are we under and duty to ensure non-infringment and compliance with other laws and regulations.

If you believe any Content available via this Service infringes your copyright please provide a notice containing the following information:

(a) A signature of person authorized to act on behalf of copyright owner;

(b) A description of the copyrighted work you claim has been infringed;

(c) The location on Service where the material claimed may be found;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is unauthorized by copyright owner or the law; and

(f) A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on their behalf.

Confidential Information

We agree that your content, credit card/banking information and information contained in your account is confidential to you, and will always remain as your property. This includes documents you provide to Digify that are labelled "confidential".

The following will not be considered confidential:

• Information we already know at the time you tell us.

• Information that was communicated to us by an authorized third party.

• Public knowledge.

• Information that you've set in the Digify Service to a low level of security (e.g. access allowed for "anyone with the link") or sent to with shared email accounts (e.g. "contact@company.com").

We agree that we will treat your information with the same degree of care that we treat our own confidential information. We will only use your confidential information in connection with these Terms.

Changes to the Terms and Conditions

We may revise and update these Terms and Conditions. All changes are effective immediately when we post them. Your continued use of the Service following the revisions denotes you acceptance of the changes.

Service Access

Upon choosing a user name and password, you must treat such information as confidential, and you must not disclose it to any anyone. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name or password. You agree to notify us immediately of any unauthorized access to or use of your user name or password. You also agree to ensure that you exit from your account at the end of each session.

We have the right to disable any user account, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

Users are responsible for making all arrangements necessary to have access to the Service and providing accurate information at time of registration.

Intellectual Property Rights

The Service and its contents and features (including but not limited to all information, software, text, displays, images, video and audio, and the design thereof), are owned by the Company, and licensors (including our Users) of such material, including our Users and are protected by United States and international intellectual property laws.

If you print, copy, modify, download or otherwise provide any other person with access to any part of the Service in a manner not allowed by this Agreement, your right to use the Service will cease immediately and you must return or destroy any Content.

Trademarks

The Company name, the term Digify and all related names, logos and slogans are trademarks of the Company. Do not use them without our prior written permission.

Prohibited Uses

In using this Service and related Services the following content standards and acceptable use policy shall apply. These content standards apply to your content and use of Services. Your Content must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, your Content must not:

• Deliver any unlawful (according to local, state, federal, or international law or regulation) content or any content that advocate illegal activity.

• Deliver any content that could be considered harmful, obscene, pornographic, defamatory, abusive, threatening, harassing, hateful or otherwise objectionable.

• Deliver any content that violates others' intellectual property rights, or rights to privacy or publicity.

• Impersonate another person or falsely state your affiliation with a person or entity, if the purpose of doing so is to deceive, or defraud another.

• Deliver any content containing personal information, such as phone numbers, social security numbers, account numbers, addresses.

• Use this Digify service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Digify Service or other users' Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.

We cannot undertake to review all material before it is posted on the Service. Accordingly, we assume no liability for any content provided by any user.

Software

Some of our Services allow you to download client software ("Software"). So long as you comply with these Terms and Conditions, and any Policies or Licensing conditions we may present with future offerings, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. You agree not to reverse engineer or decompile the Services, or assist anyone in doing so.

Disclaimer of Warranties

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, OR DATA DUE TO YOUR USE OF THESE SERVICES OR YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT.

YOUR USE OF THESE SERVICE AND CONTENT OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY DOES NOT MAKE ANY WARRANTY WITH RESPECT TO COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY. THE COMPANY DOES NOT REPRESENT THAT THE SERVICES OR ITS CONTENT WILL BE ACCURATE, RELIABLE, VIRUS OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation on Liability

IN NO EVENT WILL THE COMPANY BE LIABLE FOR DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY ASSOCIATED CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN THE EVENT COMPANY IS HELD LIABLE FOR ANY DAMAGES ARISING UNDER THIS AGREEMENT, THE DAMAGES ARE LIMITED TO THE AMOUNT PAID TO COMPANY BY USER DURING THE ONE (1) MONTH PERIOD PRIOR TO THE DATE A CLAIM ARISES.

Indemnification

You agree to defend, indemnify and hold harmless Digify, Inc. from any claims, liabilities, damages, or expenses (including attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Service.

Governing Law and Dispute Resolution

This Agreement will be interpreted under Delaware law. All disputes arising under this agreement shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber

Entire Agreement

The Terms and Conditions and our Privacy Policy, constitute the sole and entire agreement between you and Digify with respect to the Service.

Your Comments and Concerns

Please submit all inquiries to support@digify.com.

Thank you for visiting Digify.

PRIVACY POLICY

Last Updated: May 24, 2018

Welcome to Digify's privacy policy. This privacy policy ("Privacy Policy") describes how Digify Inc. and its related companies ("Digify", "Company", "we", "us", "our") collect, use and share personal information of consumer users of this website, https://digify.com (the "Site"). This Privacy Policy also applies to any of our other websites that post this Privacy Policy. This Privacy Policy does not apply to websites that post different statements.

What We Collect

We may collect information that identifies you ("Personal Data") when you use the Site which includes:

We get Personal Data about you in a range of ways.

The Site is not intended for children and we do not knowingly collect data relating to children.

Use of Personal Data

We use your Personal Data as follows:

• To operate, maintain, and improve our sites, products, and services.

• To respond to comments and questions and provide customer service.

• To send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.

• To communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.

• To link or combine user information with other Personal Data.

• To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.

• To provide and deliver products and services customers request.

Sharing of Personal Data

We may share Personal Data as follows:

• We may share Personal Data with your consent. For example, you may let us share Personal Data with others for their own marketing uses. Those uses will be subject to their privacy policies.

• We may share Personal Data when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.

• We may share Personal Data for legal, protection, and safety purposes.

  • We may share information to comply with laws.

  • We may share information to respond to lawful requests and legal processes.

  • We may share information to protect the rights and property of Digify, our agents, customers, and others. This includes enforcing our agreements, policies, and terms of use.

  • We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.

• We may share information with those who need it to do work for us.

We may also share aggregated and/or anonymized data with others for their own uses.

Information Choices and Changes

Our marketing emails tell you how to "opt-out." If you opt out, we may still send you non- marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.

You may send requests about Personal Data to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your Personal Data.

You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at the Contact Information below.

For Residents of the European Union ("EU") – General Data Protection Regulation ("GDPR")

This Privacy Policy describes how the Company collects, uses and shares your personal information. If you are a resident of the EU, you are subject to the GDPR, which becomes effective on May 25, 2018, and the following terms also apply to you. The Company is the Controller and responsible for your Personal Data.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Purposes and Lawful Bases to Process Your Personal Data

This Privacy Policy describes the Personal Data we collect from you and how we use it. We will only use your Personal Data when the law allows us to. Most commonly, we will use your Personal Data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.

• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

• Where we need to comply with a legal or regulatory obligation.

You have the right to withdraw consent to marketing at any time by contacting us.

We have a purpose and lawful basis for processing each type of Personal Data described in this Privacy Policy, which are as follows:

1. The purpose for collecting your Identity and Contact Data is to register you as a new customer, and the lawful basis is the performance of a contract with you.

2. The purpose for collecting your Identity, Contact, Financial, Transaction and Marketing and Communications Data is to process and deliver your purchases, and the lawful bases are (a) the performance of a contract with you and (b) it is necessary for our legitimate interests.

3. The purpose for collecting your Identity, Contact, Profile, and Marketing and Communications Data is to manage a relationship with you, and the lawful bases are (a) the performance of a contract with you and (b) it is necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services).

4. The purpose for collecting your Identity, Contact, Profile, Usage, and Marketing and Communications Data is to enable you complete a survey. The lawful bases are (a) the performance of a contract with you and (b) it is necessary for our legitimate interests (to study how customers use our products and services, to develop them and grow our business).

5. The purpose for collecting your Identity, Contact, and Technical Data is to administer and protect our business and the Site, and the lawful basis is that it is necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise).

6. The purpose for collecting your Identity, Contact, Profile, Usage, Marketing and Communications, and Technical Data is to deliver relevant Site content to you and measure or understand the effectiveness of the advertising we serve to you, and the lawful basis is that it is necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).

7. The purpose for collecting Technical and Usage Data is to use data analytics to improve our Site, marketing, customer relationships and experiences, and the lawful basis is that it is necessary for our legitimate interests (to define types of customers for our products and services, to keep our Site updated and relevant, to develop our business and to inform our marketing strategy).

8. The purpose for collecting Identity, Contact, Profile, Usage, and Technical Data is to make suggestions and recommendations to you about goods or services that may be of interest to you, and the lawful basis is that it is necessary for legitimate interests (to develop our products/services and grow our business).

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your Personal Data where more than one ground has been set out forth in this Privacy Policy.

We may have to share your Personal Data with the parties set out below for the purposes described in this Privacy Policy.

Internal Third Parties

Other companies affiliated with the Company acting as joint controllers or processors and who are based in USA and Singapore.

External Third Parties

• Service providers acting as processors based in USA who provide infrastructure services (Amazon Web Services), advertising services (Google), Billing Services (Chargebee, Stripe), Customer Service (Intercom, Slack, Wootric), Marketing (Hubspot).

• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in USA and Singapore who provide consultancy, banking, legal, insurance and accounting services.

• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Data in the same way as set out in this Privacy Policy.

We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.

International Processing

We are based in the United States and Singapore, which is where all of your data will be processed.

Data Security

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data Retention

We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances you can ask us to delete your data. In some circumstances we may anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

YOUR LEGAL RIGHTS UNDER THE GDPR

Under certain circumstances, EU residents have rights under data protection laws in relation to their Personal Data. If you are an EU resident, you have the right to:

• Request access to your Personal Data. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.

• Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

• Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

• Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

• Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

• Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

• Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us. You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.

Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Contact Information

We welcome your comments or questions about this Privacy Policy. You may email us at support@digify.com or contact us at our mailing address:

Digify Inc.
350 Townsend Street #746
San Francisco, CA 94107

Changes to this Privacy Policy

We may change this Privacy Policy. If we make any changes, we will change the Last Updated date above.

Thank you for visiting Digify.