Terms and Conditions

Effective Date: November 07, 2023

1. Agreement of the parties.

Please review these terms of service. Once agreed upon, these terms of service, together with our privacy policy form a legally binding commitment between You (or the business entity you represent) and DigiRep (also known as “Repair Lift Inc.”), including its officers, directors, successors, and assigns (hereinafter referred to as “DigiRep”,  “we,” “our,” or “us”). These terms will regulate your access to and usage of the platform, as well as all other interactions with DigiRep connected to the platform. By using our SAAS product and services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our services.

2. Definitions

Master User: business or professional in the repair, sales, or service industry who is looking for an integrated platform to streamline and automate various aspects of their operations. Also referred to as “You” in terms of this Agreement.

DigiRep: software platform designed for marketing, sales, and business management. It is a SAAS (Software as a Service) solution that aims to streamline and integrate various aspects of a business’s operations. 

DigiRep App: Software interface through which users can access and utilize the features and functionalities provided by the DigiRep Services.

Order Form: officially recognized DigiRep form generated after you’ve successfully subscribed to one of our services or Add-Ons through our online payment system or in-app purchase. It encompasses comprehensive information regarding your purchase, such as the duration of your subscription, the specific products and services obtained, and the associated fees. You can access your Order Form(s) in the Accounts and Billing section of your DigiRep Dashboard portal. Further guidance on locating your Order Form, invoices, and receipts can be found in this knowledge base article.

Services: The updated version of available to General Access Services can be found at: http://digirepcsr.com/ 

Notwithstanding the foregoing, the DigiRep services included with the subscription may include but not limit to: Customer Relationship Management (CRM), Marketing Automation, Sales Tools, Content Manager System, Appointment Scheduling, Online Reputation Management, Social Media Management, Analytics and Reporting, E-commerce Integration, Communication Channels, Task Management, Lead Generation and or Workflow Automation.

Add Ons: additional feature, service, or enhancement that can be purchased separately to extend or enhance the functionality of the base software product. Add-ons are designed to provide users with extra capabilities or specialized features that may not be included in the core software package. Some Add Ons that DigiRep may offer include: Ecommerce Plugins, Social media integrations, Support and Maintenance Plans, Training and Certification Programs, Advanced SEO tools, Upgrades or Advanced Versions, Customization Packs and Cloud Storage or Hosting.

Subscription Service: DigiRep Services granted to the Master User account in exchange for a Subscription Fee in a determined Subscription Term. 

Subscription Term: Payment and access arrangement where users or organizations pay for access to DigiRep Services on a monthly basis. In the context of a monthly subscription, the user agrees to make recurring payments every month in exchange for continued access to the subscribed service. The monthly subscription will start to run the day the Order Form is placed and will remain active for a full calendar month and will be automatically renewed at the end of this period. 

Confidential Information: Refers to all information of a confidential nature that is disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), whether communicated verbally or in writing, and is identified as confidential or reasonably understood as such by a prudent person. This Confidential Information encompasses details related to the Disclosing Party’s customers and potential customers, as well as past, present, or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finances, research, development, and the terms and conditions of this Agreement. Not included in the definition of Confidential Information is any information that: (i) is publicly known without violating any obligation to the Disclosing Party, (ii) was already known to the Receiving Party before the Disclosing Party disclosed it without any violation of obligation, (iii) is obtained from a third party without any violation of obligation to the Disclosing Party, or (iv) was independently created by the Receiving Party. Except for the exclusions mentioned, Customer Data is considered Confidential Information under this Agreement regardless of any specific designation as confidential.

Lead: potential customer or prospect who has expressed interest in a User product or service. Leads can be generated through various means, such as filling out a form, subscribing to a newsletter, or showing interest in a company’s offerings.

User: employees, representatives, consultants, contractors or agents who are authorized to use the Subscription Service for your benefit and have unique user identifications and passwords for the Subscription Service.

Login Credentials: username and password used to access DigiRep Services.

Client

Third Party Content: content, promotions or offers provided by third parties or links to external third-party websites that may be accessible via DigiRep

Third Party Services: Any Services or other services owned and provided by a third party vendor that DigiRep makes available to the Users as a Service on or through the App.

3. Use of Service.

1. Access

During the Subscription Term, DigiRep will provide access to the Users to use DigiRep Subscription Services as described in this Agreement and following up an Order Form. You must be at least 18 years old to use the Platform. By accepting these Terms, creating DigiRep Login Credentials, placing an Order, or using any of DigiRep Services, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age.

To access DigiRep Services, you may be required to create Login Credentials. Users are responsible for maintaining the confidentiality of their account information, and you agree to accept responsibility for all activities that occur under your account. Users must notify DigiRep immediately of any unauthorized use of a DigiRep account. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a DigiRep account. As the individual who accepts these Terms, You are the owner of the DigiRep account unless you are acting on behalf of a business entity, in which case, the business entity is the owner of the DigiRep Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.

2.  Add Ons: 

You may subscribe to Add-ons of your DigiRep Services by placing an additional Order via your DigiRep Sales Representative or activating the additional features from within your DigiRep account (if this option is made available). This Agreement will apply to all additional Order(s) and all additional features that you activate from within your DigiRep account.

3. Downgrades

Depending on your DigiRep Subscription, you may be entitled to downgrade your subscription service. 

4.  User Responsibilities

You and your Users may use the DigiRep platform only for lawful purposes and in accordance with these Terms. You agree that you and your Users will not use the DigiRep platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. Additionally, you represent and warrant that: (i) You and your Users will maintain all licenses, permissions, authorizations, consents, and permits necessary to fulfill the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use the DigiRep platform; (iii) You are fully responsible for the use of the platform by your Users; (iv) You, your employees, agents, and customers will not misrepresent the DigiRep platform or the services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the DigiRep platform; (vi) You own or control all rights in and to all content you provide to DigiRep, including any code provided to customize the platform for your customers; (vii) You will be solely responsible for your use of the DigiRep platform, including the quality and integrity of any data and other information, including information, made available to us by or for you through the use of the DigiRep platform; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providers.

Users agree not to misuse our services or engage in any unlawful or unauthorized activities while using our SAAS product. This includes, but is not limited to, the following:

• Violating any applicable laws or regulations.

• Infringing upon the rights of others.

• Using our services to transmit any harmful code or malware.

• Attempting to gain unauthorized access to our system.

5. Payment and Fees

Users accessing DigiRep services are obligated to fulfill their financial commitments by paying the invoices generated by DigiRep within 30 calendar days of issuance. These invoices, denominated in the currency specified in each Order Form encompass fees associated with the subscription service. The payment terms, as outlined in each Order Form must be adhered to by the client. Late payments may incur interest charges, and DigiRep retains the right to suspend services in the event of non-compliance with the agreed-upon payment terms. Additionally, both parties are responsible for complying with applicable tax regulations, with the client agreeing to pay any taxes, duties, or fees imposed by governing authorities in connection with DigiRep services. DigiRep reserves the right to adjust fees to account for changes in taxes, currency fluctuations, or other factors consistent with the terms specified in each Order Form. 

DigiRep services operate on a subscription basis, with the subscription automatically renewing on a monthly basis. The client’s access to the services is contingent upon the timely payment of invoices, ensuring uninterrupted service provision. The commitment to monthly renewal underscores the ongoing nature of the subscription service, providing clients with continuous access to the suite of DigiRep services.

Except as described below, all fees assessed by DigiRep are non-refundable. You bear sole responsibility for any additional fees incurred due to errors or omissions made by you or a third party. DigiRep does not provide fee refunds or credits for such errors or omissions, or for partially used or unused subscriptions to the Platform or Services. If you subscribe but do not access the Service or Platform, you are still obligated to pay all fees for the duration of your subscription term. Except as required by law, DigiRep reserves the right to issue or deny a refund or credit at its sole and absolute discretion, at any time, and for any reason. DigiRep’s determination regarding the issuance or denial of a refund or credit is final.

You are solely responsible for the cancellation of Services or Add Ons associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.

6. Privacy of Data

By utilizing the DigiRep platform and sharing information on or through the platform, you express your consent to DigiRep’s utilization and disclosure of the information in adherence to the Privacy Policy accessible here. You acknowledge that DigiRep bears no responsibility or liability for the deletion or failure to store any information or content maintained or transmitted on or through the platform. When granting your Leads and Users access to the DigiRep platform, you are required to establish and enforce your own Privacy Policy, ensuring a level of protection at least equivalent to that provided to you by DigiRep. It is imperative to obtain consent from your Leads, explicitly confirming their agreement to be bound by your privacy policy. You affirm and guarantee that you have given, and will continue to provide, sufficient notices and have secured, and will continue to secure, the necessary permissions and consents to furnish your customers’ data to us for utilization and disclosure in accordance with these Terms and our Privacy Policy.

7. Intellectual Property

1. Ownership

All intellectual property and proprietary rights related to the DigiRep platform, services, and content, including but not limited to trademarks, copyrights, patents, trade secrets, and any other related rights, are and will remain the exclusive property of DigiRep

Users acknowledge that DigiRep owns all rights, titles, and interests in and to the platform and content, and no transfer of ownership or rights is implied or granted.

Use of Platform and Content:

Users are granted a limited, non-exclusive, and non-transferable license to access and use the DigiRep platform and content solely for the purpose of utilizing the services offered by DigiRep. Any unauthorized use, reproduction, distribution, or modification of the platform or content is strictly prohibited.

2. Protection of Intellectual Property

Users agree not to engage in any activities that infringe upon or violate the intellectual property rights of DigiRep or any third party.

DigiRep reserves the right to take legal action against any individual or entity that engages in unauthorized use, reproduction, or distribution of its intellectual property.

3. Reporting Infringements

Users are encouraged to report any suspected intellectual property infringements by contacting DigiRep at support@digirep.com

8. Third Party Content. 

In the event that users request or cause the integration of the Subscription Service with, or utilization of data from, other websites or services (e.g., Facebook, Google+, and Twitter) (referred to as Third Party Content), you acknowledge that DigiRep lacks control over the terms of use, privacy policies, operation, intellectual property rights, performance, service levels, or content of any Third Party Service. DigiRep explicitly disclaims all responsibility and liability for any use of Third Party Services. The Services incorporate or utilize specific third-party software, which is licensed based on the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms restricts users’ rights under, or grants users rights that override, the terms and conditions of any applicable license for such Third Party Software. This Third Party Software encompasses but is not limited to the following software and services, and by using the Services, users agree to be bound by the terms of said Third Party Software: 

Google https://policies.google.com/terms?hl=en-US, 

Facebook https://www.facebook.com/legal/terms, 

Twitter https://www.twitter.com/tos, 

Youtube https://www.youtube.com/t/terms, 

Twilio https://www.twilio.com/legal/tos, 

Using Third Parties For Reviews. Client understands that in order for its customers, end users or others to leave a review about its product or services on Google, Facebook, Twitter and similar third party sites, it may be required to have an active, registered account on the relevant third party platform.

9. Compliance with Laws and Regulations

Each party involved in this agreement commits to performing its obligations in good faith and in strict adherence to all applicable laws, regulations, ordinances, and codes. This includes, but is not limited to, the identification and procurement of any required permits, certificates, approvals, and inspections necessary for the fulfillment of their respective obligations.

Should either party receive any notice, summons, or complaint related to its alleged non-compliance with the aforementioned laws, regulations, ordinances, or codes, the party in question shall promptly notify the other party of such matters. Open and transparent communication regarding any potential non-compliance issues is vital for both parties to address and rectify any concerns promptly. This commitment ensures that all aspects of the agreement are executed in accordance with legal and regulatory requirements.

1. Telephone Consumer Protection Act (TCPA) Compliance:

By using our services, you agree to comply with the Telephone Consumer Protection Act (TCPA) as outlined in 47 U.S.C. § 227 and its regulations.

Users are expressly prohibited from engaging in any activities that violate the TCPA, including but not limited to sending unsolicited text messages, making unauthorized telemarketing calls, or using automated telephone dialing systems without proper consent.

1. Express Consent

Users acknowledge that they will obtain express written consent from recipients before sending any marketing messages, including but not limited to text messages, phone calls, or any other form of communication regulated by the TCPA.

Users understand that consent must be clear, conspicuous, and obtained before initiating any communication.

2. Opt-Out Mechanism:

 Users agree to provide recipients with a clear and easily accessible mechanism to opt out of receiving further communications.

Users will promptly honor opt-out requests and ensure that recipients are removed from any further communication.

2. A2P 10 DLC Messaging Compliance

By utilizing our services, you expressly agree to adhere to the A2P 10 DLC (Application-to-Person 10 Digit Long Code) messaging compliance standards as mandated by telecommunication regulatory authorities.

Users are explicitly prohibited from engaging in A2P messaging via 10 DLC without proper registration and strict adherence to the specified regulations.

DigiRep reserves the right to pass carrier 10DLC fees on to you which you agree DigiRep may collect from you using your authorized payment method. Client authorizes DigiRep to act as its legal representative in the 10DLC registration process when such representation is necessary to provide or enhance the Services.

1. Registration Obligations

You acknowledge and agree that to utilize any texting or text-based products or features within the Services, you are required to maintain your A2P 10DLC registration. This involves the payment of a one-time registration fee and ongoing text (referred to as “campaign”) fees throughout your use of such Services. If you are engaging in an online or self-serve contract for a small business, the registration fee and ongoing text fees may be consolidated into a single line item on your contract labeled as “Carrier Texting Fees.”

You recognize the imperative nature of complying with A2P 10 DLC registration requirements, inclusive of providing accurate and current information during the registration process. Acknowledgment is given to the understanding that failure to register appropriately may result in restrictions or termination of A2P 10 DLC messaging services.

Each party bears responsibility for and commits to indemnify, defend, and hold harmless the other party from any and all damages, liabilities, judgments, fees, fines, costs, and expenses (including reasonable attorneys’ fees) incurred by the non-breaching party. 

2. Authorized Utilization

Users commit to using A2P 10 DLC messaging services exclusively for authorized and lawful purposes, in full compliance with prevailing laws and regulations.

 Any unauthorized use of A2P 10 DLC messaging services is strictly forbidden.

3. Recordkeeping

Users agree to maintain records of all consents obtained and opt-out requests received, including the date, time, and method of consent or opt-out.

Records will be kept for a minimum period as required by applicable laws and regulations.

Indemnification:

Users agree to indemnify and hold DigiRep harmless from any claims, damages, losses, or liabilities arising out of or related to a breach of TCPA compliance by the user. DigiRep reserves the right to take legal action against any user found to be in violation of TCPA regulations.

10. Termination

1. Termination for Convenience

Either party may terminate this agreement for any reason or no reason by providing written notice to the other party at least 10 days prior to the end of the current subscription term.

2. Termination for Cause

Either party may terminate this agreement immediately upon written notice if the other party breaches any material term or condition of this agreement and fails to resolve such breach within 10 days of receiving written notice specifying the breach.

3. Termination for Insolvency

Either party may terminate this agreement immediately upon written notice if the other party becomes insolvent, files for bankruptcy, or is the subject of any similar insolvency proceeding.

4. Effects of Termination

Upon termination of this agreement, all rights and licenses granted to the client shall cease immediately. You remain responsible for any outstanding fees and charges accrued up to the date of termination.

5. Survival

Sections related to confidentiality, intellectual property, and indemnification shall survive the termination of this agreement.

11. Limitation of Liability

In the event of any claims arising from these Terms or the use of DigiRep’s Platform or Services, your exclusive remedy and DigiRep’s entire liability shall be limited to the total amount you paid to DigiRep for Services purchased on the Platform during the three (3) months preceding the incident giving rise to the liability. DigiRep shall not be liable for any special, punitive, incidental, indirect, or consequential damages, including those resulting from malicious code, loss of use, data, or profit loss, whether or not advised of the possibility of such damages. Furthermore, DigiRep is not liable for disruptions to third-party services or any promises or statements made by third parties regarding DigiRep’s Platform services or content, including transactions conducted through the Platform.

While some jurisdictions may prohibit the exclusion or limitation of liability for consequential or incidental damages, the aforementioned limitations will apply to the maximum extent permitted by the laws of your jurisdiction. If you breach these terms, provide inaccurate information, engage in gross negligence or willful misconduct, or if you or your customers violate the law, indemnification obligations may arise. DigiRep will not be held responsible for any third-party claims related to intellectual property rights; however, DigiRep commits to obtaining proper licenses, modifying or replacing the Platform, or shutting down the Platform, based on the circumstances.

You agree to defend, indemnify, and hold DigiRep harmless against all claims, demands, actions, damages, liabilities, losses, fees, costs, or expenses directly or indirectly arising from or connected with your use of the Platform. This includes, but is not limited to, claims related to the use of information or data supplied by you, breaches of these Terms, wrongful use or possession of DigiRep property, negligence, gross negligence, or willful misconduct, misrepresentations, violations of applicable law, and disputes involving you, other users, your clients, or your customers. If the Platform is found to violate any third-party intellectual property right, DigiRep may take appropriate actions, including obtaining the right for you to continue using the Platform, modifying or replacing the Platform to make it non-infringing, or requiring the cessation of Platform use.

10. Governing Law

This Agreement and any disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law principles. Any legal action or proceeding arising under or in connection with this Agreement shall be brought exclusively in the state or federal courts located within the State of Georgia, and both parties consent to the personal jurisdiction of such courts. Each party waives any objection based on forum non-conveniens and any objection to the venue of any action instituted hereunder, and agrees not to plead or claim in any such court that any action, suit, or proceeding brought in any such court has been brought in an inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

11. Changes to Terms

We reserve the right to modify or update these Terms at any time. Users will be notified with at least 7 days in advance of such changes on our website. Your continued use of our services after any changes indicate your acceptance of the revised Terms.

12. Refund Policy

DigiRep values the satisfaction of its users and endeavors to provide a transparent and fair refund policy. Users are eligible to request a refund within 30 days after making their payment for DigiRep services. 

Refund requests can be initiated by contacting our customer support team. DigiRep, at its sole discretion, reserves the right to evaluate and decide on the eligibility of refund requests. Factors such as the nature of the request and the circumstances surrounding the payment will be taken into consideration during this assessment.

Users are encouraged to provide detailed information supporting their refund request. DigiRep will make reasonable efforts to process eligible refunds in a timely manner. Please note that DigiRep’s determination to issue a refund is final. This policy applies unless otherwise stipulated by applicable laws. Users are advised to review this refund policy regularly for any updates or modifications.

13. Cancellation Policy

Users of DigiRep services have the flexibility to terminate their subscription at any time before the next renewal date. If a user decides to cancel after a subscription renews, the cancellation will take effect at the conclusion of the current subscription term.

To initiate a cancellation, users can access the designated cancellation feature within their account settings or contact our customer support team for assistance. It’s important to note that users are responsible for any fees or charges accrued up to the cancellation date.

DigiRep aims to provide a seamless and user-friendly cancellation process. Users are encouraged to review this policy periodically for any updates. The cancellation policy is subject to the terms outlined in the present agreement between the user and DigiRep.

14. Price Adjustments

DigiRep reserves the right to modify prices for its services at its discretion. In the event of any pricing adjustments, DigiRep is committed to providing users with advance notice. Users will be informed of any impending price changes at least 30 days before the adjustments take effect.

This notification will be delivered through the user’s account, email, or another appropriate communication method. Users are encouraged to stay informed about any updates related to pricing adjustments. Please be aware that continued use of DigiRep services following the 30-day notice period constitutes acceptance of the new pricing terms. DigiRep aims to ensure transparency and fairness in its pricing policies and appreciates users’ understanding in this regard.

15. Product Changes

DigiRep retains the right to modify the features, functions, and specifications of its SAAS product. While we strive to enhance and optimize the user experience, we acknowledge the importance of keeping users informed about significant changes. Therefore, DigiRep commits to making reasonable efforts to provide advance notice to users regarding important modifications.

Notifications about such changes may be communicated through the user’s account, email, or other appropriate means. Users are encouraged to stay informed about any updates related to the SAAS product. DigiRep values user satisfaction and aims to ensure transparency in communicating changes that may impact user experience. Users’ continued use of the SAAS product following the notification period signifies acceptance of the modified features, functions, or specifications. We appreciate users’ understanding as we work to improve and evolve our SAAS product.

16. Data Sharing

DigiRep holds the right to share client data with our partners for commercial purposes, provided that such data sharing adheres to the guidelines outlined in our Privacy Policy. The Privacy Policy serves as a comprehensive document outlining how client data is collected, used, and shared.

Before engaging in any data sharing activities, DigiRep is committed to ensuring that such practices align with the principles of transparency and confidentiality set forth in the Privacy Policy. Clients are encouraged to review the Privacy Policy regularly to stay informed about how their data may be utilized.

DigiRep values the trust and privacy of its clients and takes all necessary measures to uphold data protection standards. The commitment to data sharing within the parameters of the Privacy Policy reflects our dedication to maintaining transparency and compliance with privacy regulations.

17. Database Access

DigiRep reserves the right to access users’ databases for the sole purposes of product improvement or providing support. This access will be conducted in strict accordance with the principles and guidelines outlined in our Privacy Policy.

Users can be assured that any access to their databases will be limited to what is necessary for the specified purposes and will not extend beyond the scope outlined in our Privacy Policy. This access is crucial for DigiRep to enhance product features, optimize performance, and deliver effective support to our users.

DigiRep is committed to upholding the privacy and security of user data. Users are encouraged to review the Privacy Policy to understand how their database information may be accessed and utilized for product improvement or support purposes. The establishment of this clause reflects our commitment to transparency and responsible data management practices.

18. User Data Confidentiality

DigiRep prioritizes the confidentiality and security of its users’ lead or customer data. Under no circumstances will DigiRep disclose or sell any such user data. The term “user data” encompasses information related to leads or customers obtained through the use of DigiRep services.

It is important to note that this commitment to confidentiality does not extend to the User’s information or company details. The User’s information or company details may be shared in accordance with the provisions outlined in our Privacy Policy. DigiRep is dedicated to safeguarding the privacy of its users and remains committed to transparent and responsible data management practices as articulated in the Privacy Policy.

19. Contact Information

All official communications and notices directed to either party shall be in written form and transmitted via email. For communications directed to DigiRep, please send notices to support@digirep.com . By utilizing DigiRep services, you consent to receiving notices through the email address provided during registration or any other address on record. Notice transmission is considered effective upon receipt.

DigiRep reserves the right to contact you regarding these Terms using the contact information you have provided or by any other means if contact information is not provided. If you wish to cease communications from DigiRep, you may use the provided “unsubscribe link” in the communications or contact us at support@digirep.com

Upon the creation of a DigiRep Service account, you are required to designate a primary email address for receiving electronic communications related to these Terms. DigiRep assures users that emails requesting confidential information such as account numbers, usernames, or passwords will never be sent. If you receive any email of this nature purportedly from DigiRep, refrain from responding and promptly notify us by emailing support@digirep.com

For general feedback, comments, technical support requests, and other communications related to DigiRep Services or the Terms, please contact us at support@digirep.com or by mail at:

DigiRep, a subsidiary of Repair Lift, Inc

227 Woodlawn Ave, Decatur, Georgia, 30030

20. Entire Agreement

These Terms, along with any applicable Order Forms, constitute the entire agreement between the User and DigiRep. Any prior agreements, representations, or understandings, whether oral or written, are superseded by these Terms. No modification or amendment to these Terms shall be effective unless in writing and signed by both parties. By using DigiRep services, the User acknowledges and agrees to be bound by the terms and conditions outlined in this agreement.