THE DIGITAL PHENIX (TDP) TERMS OF SERVICE

1. INTRODUCTION

The Digital Phenix (TDP) is a limited liability company (LLC) registered in Dubai, UAE, with its registered office at [insert address]. These Terms of Service (“we”, “us”, or “our“) govern the use of our website and services provided by TDP.

By accessing, using the Website or our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website or our services.

2. ACCEPTANCE OF TERMS

By accessing or using our website or services, you (“User” or “you”) confirm that you can form a binding contract with us and that you accept these Terms. If you are using the Website on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3.CHANGES TO TERMS

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website, our services after changes are posted constitutes your acceptance of the revised Terms.

4. DEFINITIONS

“Content” means any information, data, text, images, videos, software, or other materials posted or shared on our website or through our services.
“Services” means any services provided by TDP, including but not limited to community management, content moderation, chatbot development, and NLP services.
“TDP” means The Digital Phenix LLC, a limited liability company registered in Dubai, UAE.

5. SERVICES

TDP will provide the Services to the User as described on our website or through our sales team.
TDP will use commercially reasonable efforts to ensure the availability and quality of the Services.
The User agrees to use the Services only for lawful purposes and in accordance with these Terms.

6. CONTENT

6.1 Responsibility

You are solely responsible for any content you post, upload, or otherwise make available on the Website (“User Content”). You represent and warrant that you have all necessary rights and permissions to upload or share your User Content and that it does not infringe or violate the rights of any third party.

6.2 License to Us

By posting User Content on the Website, you grant “TDP” a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable right to use, reproduce, modify, distribute, display, and perform the User Content in connection with the Website and our business. This includes the right to use the Content for the purpose of providing the Services and for internal purposes such as quality control and improvement.

6.3 Use of Content

TDP may use the Content uploaded or shared through our services for the purposes outlined in these Terms, including providing the Services and improving the quality of our services. You acknowledge and agree that this license allows us to make your Content available to other users of the Website, who may also use your Content subject to these Terms.

7. PAYMENT AND INVOICING

The User will pay for the Services according to the payment terms agreed upon between TDP and the User.
TDP will provide invoices to the User in accordance with these Terms.
The User agrees to pay all invoices within 30 days of receipt.

8. PRIVACY AND DATA PROTECTION

TDP will comply with applicable data protection laws and regulations in respect of personal data processed by us.
The User grants TDP permission to process personal data in accordance with these Terms.
TDP will take reasonable steps to ensure the security and confidentiality of personal data.

9. WARRANTIES AND REPRESENTATIONS

TDP warrants that it will provide the Services in accordance with these Terms and applicable laws.
The User represents and warrants that it has the necessary rights and permissions to use the Services and Content.

10. Indemnification

You agree to indemnify, defend, and hold harmless The Digital Phenix (TDP), its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or in any way connected with (a) your access to or use of the Website; (b) your User Content; (c) your breach of these Terms; or (d) your unauthorized use of the Services or Content.

11. LIMITATION OF LIABILITYT

To the maximum extent permitted by law, TDP shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Website; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Website; or (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website by any third party. TDP‘s liability for any damages arising from its breach of these Terms shall be limited to direct damages up to AED 10,000. In no event will TDP be liable for indirect, consequential, incidental, special, punitive, or exemplary damages.

12. TERMINATION

Either party may terminate these Terms upon 30 days’ written notice to the other party.
Upon termination, TDP will cease providing the Services and delete any Content uploaded or shared through our services.

13. GOVERNING LAW AND DISPUTE RESOLUTION 

13.1 Governing Law

These Terms will be governed by and construed in accordance with the laws of Dubai, UAE.

13.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Website shall be resolved through binding arbitration in accordance with the rules of the Dubai International Arbitration Centre (DIAC). The arbitration shall be conducted in English, and the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

14. ENTIRE AGREEMENT

These Terms constitute the entire agreement between TDP and the User regarding the Services and supersede all prior agreements, understandings, and representations.

15. AMENDMENTS

TDP reserves the right to modify these Terms at any time without notice.
The modified Terms will become effective upon posting on our website.
By accessing or using our website or services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

16. USE OF THE WEBSITE

16.1 Eligibility

You must be at least 18 years old to use the Website. By using the Website, you represent and warrant that you are 18 years of age or older.

16.2 Account Registration

To access certain features of the Website, you may be required to register an account. You agree to provide accurate and complete information when registering and to keep this information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

16.3 Prohibited Conduct

You agree not to:

  • Use the Website for any illegal or unauthorized purpose.
  • Interfere with or disrupt the Website or servers or networks connected to the Website.
  • Use any data mining, robots, or similar data gathering and extraction tools.
  • Attempt to gain unauthorized access to any portion of the Website or any other accounts, systems, or networks connected to the Website.

17. INTELLECTUAL PROPRTY

17.1 Ownership

All content, features, and functionality on the Website, including text, graphics, logos, and software, are the exclusive property of The digital Phenix (TDP) or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

17.2 License

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Website for personal, non-commercial use, subject to these Terms. All rights not expressly granted to you in these Terms are reserved by us.

18. GENERAL

18.1 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18.2 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

18.3 Contact Us

If you have any questions about these Terms, please contact us at contact@thedigitalphenix.com

Last Updated :  July 1st, 2024.