Agreement
These Terms govern your access to and use of Digitally Next Management System ("DNMS"), provided by Digitally Next, New Delhi, India. By creating a workspace, signing in, or using the service, you agree to them. If you are accepting on behalf of a company, you confirm you are authorised to bind it.
Definitions
- Customer
- The company or organisation that subscribes to a DNMS workspace.
- Workspace
- The isolated tenant environment provisioned for a Customer.
- User
- Anyone the Customer authorises to sign in: employees, administrators and external client users.
- Customer Data
- All data a Customer or its Users submit to or generate within the Workspace.
Accounts and access
- The Customer is responsible for all activity under its Workspace, including that of its Users.
- Credentials must be kept confidential and must not be shared between people.
- The Customer is responsible for the permissions and roles it assigns and for removing access when someone leaves.
- Notify us promptly at the support address if you suspect unauthorised access.
Trial and subscription
- New workspaces begin on a 21-day trial. No payment card is required to start.
- At the end of a trial the Workspace must move to a paid plan or it becomes inactive and is scheduled for deletion in line with the retention periods in our Privacy Policy.
- Paid plans renew automatically for the same period unless cancelled before renewal.
- Fees, seat counts and plan limits are those shown at the time of purchase. We may change pricing on 30 days' notice, effective from your next renewal.
- Fees are exclusive of taxes, which are charged as applicable.
Acceptable use
You agree not to:
- Use the service unlawfully, or to store or transmit unlawful, infringing or harmful content.
- Upload malware, or attempt to gain unauthorised access to any part of the system, any other tenant, or any other user's data.
- Probe, scan, load-test or penetration-test the service without our prior written consent.
- Reverse engineer, decompile, resell, sublicense or white-label the service except under a written agreement permitting it.
- Use the service to send unsolicited bulk email, or in breach of any applicable communications or data protection law.
- Circumvent plan limits, rate limits or access controls.
Your data stays yours
The Customer retains all rights in Customer Data. We claim no ownership over it. We process it only to provide and support the service, as described in our Privacy Policy, and on the Customer's instructions.
You are responsible for having the legal right to submit the data you upload, in particular employee and applicant personal data, and for providing whatever notices or consents your local law requires.
Our intellectual property
The software, design, documentation, trade marks and everything else comprising DNMS remain the property of Digitally Next. These Terms grant a limited, non-exclusive, non-transferable right to use the service during the subscription term, and nothing more.
Availability and support
We aim for high availability but do not guarantee uninterrupted service. Planned maintenance will be notified in advance where practicable. Emergency maintenance may occur without notice.
Support is provided by email during business hours. Response targets, if any, are those stated in your plan or order form.
Third-party services
The service integrates optional third-party components: single sign-on, object storage, search analytics, AI assistance and email delivery. Your use of those is subject to their own terms. We are not responsible for their availability or acts.
Suspension and termination
- You may cancel at any time; cancellation takes effect at the end of the current billing period.
- We may suspend access immediately for non-payment, for a breach of the acceptable-use section, or where continued access poses a security risk to the platform or other tenants.
- On termination we will make Customer Data available for export for 30 days, after which it is deleted.
Warranties and disclaimers
The service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be error-free or that it will meet every requirement.
Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill or anticipated savings.
Our aggregate liability arising out of or relating to the service is limited to the fees paid by the Customer in the twelve months preceding the event giving rise to the claim.
Nothing here limits liability that cannot lawfully be limited.
Indemnity
The Customer will indemnify us against third-party claims arising from Customer Data or from use of the service in breach of these Terms or of applicable law.
Changes to the service and to these Terms
We develop the product continuously and may add, change or withdraw features. We will not materially reduce core functionality of a paid plan during a paid term without notice. We may update these Terms; material changes will be notified at least 30 days before they take effect, and continued use after that constitutes acceptance.
Governing law and jurisdiction
These Terms are governed by the laws of India. The courts at New Delhi, India have exclusive jurisdiction, save that either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information.
Contact
Questions about these Terms: support@digitallynext.com. Postal address: Digitally Next, New Delhi, India.