ver. 1.4 – 09/25/2019
PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity, its directors, officers, employees, and agents.
ADDITIONAL TERMS AND POLICIES
Please review the full set of key Digiwills policies that govern your use of the Platform and our interactions with you and third parties. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.
“Public Areas” means all areas where is visible for all public including but not limited Forums, Blog.
“Public User Content” means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, and other information or materials available on or through Public Areas of the Platform.
“User” means a Successor who is registered to safe data hi/her desire and pay fees using DGW Token.
“Successor” means a person or entity who will obtain access to data left by User to he/her.
“Platform” means all Digiwills websites, mobile or other applications, software, processes and any other services provided by or through Digiwills.
“Blockchain” means a decentralized network where Digiwills will store your sensitive data on a way where only you and your designed Successors will have access, as a decentralized network the data keeps safe to third parties and reduce near o 0 the possibility to lose it.
“Wills” means a block of data saved on Digiwills Smart contracts on a secure decentralized blockchain.
“Digiwills Content” means all Content Digiwills makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
“User Content” means all Content submitted, uploaded, published, or transmitted on or through the Platform by any User of the Platform, including but not limited to photographs, profile information, descriptions, messages, and payments made through the Platform, but excluding Digiwills Content.
ELIGIBILITY, SERVICE SUCCESSORS REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible.
Digiwills must not be used as Legal Last Wills replacement.
Digiwills is not in the business of providing Last Wills or testament writing services.
ACCOUNT REGISTRATION AND OTHER SUBMISSIONS
Users are required to register an account to access the Platform.
You may register for an Account using certain third-party account and log-in credentials (your “Third-Party Site Password”), such as your Facebook or Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Digiwills password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Digiwills immediately of any unauthorized use. Digiwills is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Digiwills or others due to such unauthorized use. Your account is nontransferable except with Digiwills’s written permission and in line with Digiwills policies and procedures.
YOUR LICENSE TO USE THE PLATFORM
Subject to your compliance with these Terms, Digiwills grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Digiwills or its licensors, except for the licenses and rights expressly granted in these Terms.
By making available any User Content on or through the Platform, will not be used by Digiwills in public advertising. In the interest of clarity, the license granted to Digiwills shall survive termination of the Platform or your Account. Digiwills does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases, and not necessary grant to Digiwills the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
As a user of the Platform, you may not:
Use another person’s Account, misrepresent yourself, misrepresent your identity or qualifications on the Platform;
Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Platform for any purpose without Digiwills’s prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy public materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Digiwills reserves the right to revoke these exceptions either generally or in specific cases);
In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Platform information or Content including but not limited to, for use on a mirrored, competitive, or third-party site;
Transmit more request messages through the Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
Take any action that (a) may unreasonably encumber the Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Digiwills or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates Fee (defined herein) structure, billing, or Fees owed;
As a Successor, you can use the Platform in any manner that a User would.
Collect, harvest, or publish any personally identifiable data including but not limited to names or other account information, from the Platform, or use the communication systems provided by the Platform for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to public areas or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
Violate any key Digiwills policies that govern your use of the Platform and our interactions with you and third parties;
Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-Digiwills mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on Digiwills.
Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods prohibited by Digiwills;
Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and attempt to indirectly undertake any of the foregoing.
DIGIWILLS BUDGET, FEES, AND TAXES
In connection with use of Digiwills’s Platform, Digiwills charges certain fees (“Digiwills Fees” or “Fees”).
Users must pay Fees to Digiwills in order to retain your data to prevent Successor to receive te data on the Platform. The Platform will automatically charge your funds on a daily basis. In order to use Digiwills, you must have at least one month fee in your available funds. As described more fully below, you will be required to set a Budget (as defined below) to cover the Platform fees for at least one month. All charges are conducted through the blockchain and there are non-refundable.
Budget for Service. As a User Digiwills you may set a budget (“Budget”) for how much you are willing to be used by the Platform to deduct daily fees to prevent data to reach the Successors.
You agree that Digiwills can deduct daily fees with no advise. You further agree Digiwills is authorized to make data available to Successors once the Budget reach 0. While Digiwills fixed the daily fee to $0.1 Dominican Republic Dollars, you acknowledge and agree this fee may vary depending on business expenses.
You can change your Budget for a Budget Period at any time, including in the middle of a Budget Period. If you adjust your Budget upward, the new Budget will take effect immediately. If you adjust your Budget downward, the new Budget will only take effect at the beginning of the next Budget Period. If you do not change your Budget in advance of a subsequent Budget Period, your Budget from the then-current Budget Period will automatically be used for that subsequent Budget Period, subject to the forgoing.
You can withdraw any funds remaining in your budget, keep in mind that if the Platform is unable to take daily fees, the data will be available for the Successors and Successors will be notified.
Delivery data to all Successors. If Digiwills cannot charge a daily fee for any reason, Digiwills will deliver the data to Successors and notify them.
You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail, phone or Blockchain messages. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information, including, but not limited to, email address and phone number current. Such communication may be made by Digiwills or by anyone on its behalf, including but not limited to a third-party collection agent.
Taxes. Payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of tokens through the Platform. Charges are inclusive of applicable Taxes where required by law or third party payment processor. You hereby confirm that Digiwills can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required by law, and you agree to pay taxes to Digiwills when Digiwills includes a charge for taxes on any invoice. You also understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to either Successors or Users.
You may receive certain offers from Digiwills (“Promotions”), including but not limited to discounted price on Token purchase to use the Platform. Any Promotions are offered at Digiwills’s discretion, and may be revoked at any time and for any reason.
You are only eligible for any benefits described in the Promotion if (a) you received a communication directly from Digiwills offering you that Promotion, (b) you satisfy all the requirements identified in that communication; and (c) you maintain an account in good standing with Digiwills. We may condition receipt of a benefit described in a Promotion in any manner we see appropriate, including limiting eligibility, to specific categories, or to certain dates. To be eligible for a benefit described in a Promotion, you may need to take a specific action or make a payment for Tokens purchase.
Any benefits from participating in the Promotion, requirements of accepting the offer, and any other conditions to receive any benefit described in the Promotion will be disclosed to you. After a Promotion ends, regardless of whether you have already satisfied the requirements, you will be ineligible to receive those benefits. Notwithstanding anything to the contrary, Digiwills may revoke a benefit if we believe that you have not satisfied the Promotion requirements.
INTELLECTUAL PROPERTY RIGHTS
Digiwills Content is protected by copyright, trademark, and other laws of the Dominican Republic, foreign countries, and international conventions. Except as expressly provided in these Terms, Digiwills and its licensors exclusively own all right, title, and interest in and to the Platform and Digiwills Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Digiwills used herein are trademarks or registered trademarks of Digiwills. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
Digiwills does not endorse any Successor nor User, and Digiwills is not a party to any agreements between or among users, Successors, or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user’s or Successor’s use of any part of the Platform. Neither Digiwills nor any Users of the Platform may create or assume any obligation on behalf of the other. Successors are required by these Terms to provide accurate information, and although Digiwills may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific Digiwills services they are using or any involvement by Digiwills personnel in providing or scheduling those services.
You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. Digiwills has no responsibility for any damage or harm resulting from for your interactions with other users.
SANCTIONS FOR VIOLATIONS OF THESE TERMS
Without limiting any other rights reserved herein, Digiwills may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Digiwills but not limited to limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties or costs, terminating your Account, notifying other Successors of the termination of your Account and/or the violation of these Terms, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
ACCOUNT SUSPENSION OR TERMINATION (Apply only for Public Areas access)
This section is not applicable to accounts of users who purchased tokens under Token Sale Agreement and that termination or suspension of accounts of such users is regulated by Token Sale Agreement.
We may, in our discretion, with or without cause, with prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Digiwills Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your Public User Content, or receive assistance from Digiwills support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, cancelled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services cancelled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account and this agreement at any time, on your profile page by clicking Cancel account option and follow instructions. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Public Areas of the Platform.
Your data on Wills won’t be affected due to the fact that your sensitive data will be stored on Smart contracts on a Blockchain.
The Terms and the relationship between you and Digiwills shall be governed in all respects by the laws of the Dominican Republic, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Digiwills that is not subject to arbitration must be resolved by a court located in court at Santo Domingo, Dominican Republic, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Santo Domingo, Dominican Republic, for the purpose of litigating all such claims or disputes. You hereby waive any and all jurisdictional and venue defenses otherwise available.
YOUR USE OF THE PLATFORM, SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT DIGIWILLS DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT ON PUBLIC AREAS; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY SUCCESSORS, INCLUDING BUT NOT LIMITED TO SUCCESSORS AND USERS. THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DIGIWILLS AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM BY THIRD PARTIES. DIGIWILLS MAKES NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DIGIWILLS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. DIGIWILLS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DIGIWILLS OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR SUCCESSORS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY USERS OR SUCCESSORS. YOU UNDERSTAND THAT DIGIWILLS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM. DIGIWILLS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PRO SERVICES. DIGIWILLS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND ANY CONTACT YOU HAVE WITH OTHER USERS OF DIGIWILLS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER DIGIWILLS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIGIWILLS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM.
THE COMPANY WILL BE LIABLE FOR DATA LOSS CAUSED BY COMPANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY THE COMPANY.
INDEMNIFICATION AND RELEASE
You agree to release, defend, indemnify, and hold Digiwills and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your User Content; (c) your interaction with any user, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise).
Force Majeure: Other than payment obligations, neither Digiwills nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Contacting You and E-SIGN Consent: You agree that Digiwills may provide you with notices, including those regarding changes to the Terms, by email or postings on the Platform. With your consent, Digiwills, Users, Successors, or other individuals may also contact you through email or messages through the Platform. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device.
Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Digiwills’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to [email protected]
Registry number: 260495
Address: Av. La Gaviota, Residencial La Mañosa, Mnz 1, Edif. 2, Apt. 4B, Ciudad Juan Bosch, Santo Domingo, Republica Dominicana.