Terms and Conditions of Use

1. Introduction and Legal Terms

• By accessing or using our website, https://sigme360.com or any related platform or application (collectively, "the Platform"), or any of our services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein ("Terms"). All rights in and to the content of the Platform always remain expressly reserved by EVO Investments ("EVO").
• These Terms explain the conditions applicable to how you will use the Platform. Please read these Terms carefully before using the Platform. We will assume you have read and understood these Terms if you continue to access or make use of our Platform and Services.
• Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you.
• The terms "user", "you" and "your" are used interchangeably in these Terms and accordingly refer to anyone using the Platform for any reason whatsoever. Accordingly, the terms "us", "our" or "we" refers to EVO or our possession.

2. sigme360

sigme360 is a web-based notification system that supports user engagement (collectively, the "Services").

Service Disclaimer

• sigme360 does not guarantee any increased sales, engagement, or future collaborations with these businesses.
• All information and notification rules, triggers, automations, etc., are set by the user. This information has not been vetted for validity and accuracy by us, and we have in no way acted on behalf of any business when completing any business-related information. We cannot be held liable for the information submitted and notifications received.
• We will not assume any management responsibilities in connection with any of the Services or features provided ("Output").

3. Registering a Profile with the Platform

• To access the Services, you may either purchase a subscription or we provide you with a code that you will use to register on the Platform.
• When joining the Platform, you agree to provide true, accurate, current, and complete information and to update this information as and when it changes. To protect your privacy and security, we take reasonable steps to verify your identity by requiring your password together with your email address to grant you access to your account and information.
• You may use only your registered account to participate in our Services. Under no circumstances may you attempt to establish multiple accounts using multiple computers, names and identity information, or any program that masks your identity or generates a fake identity. We reserve the right to withhold, deny or cancel any Services and/or terminate your account if we, in our sole discretion, deem your account as fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with our Terms or any other applicable law or regulation.
• By sharing your personal information with us, you warrant that the person using the Platform is you or you have the authority to act on behalf of a juristic entity. You are responsible for the information you provide, and all the actions taken on the Platform. Please see our Privacy Policy for more details on how we use and processes personal information.
• Please let us know if you have reason to believe that your profile is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any payment card information) to avoid possible liability for any unauthorized charges to your account.

4. Reports

• Any information, advice, recommendations, or other content of any reports, presentations, or other communications we provide in terms of the Services and/or these Terms ("Reports"), other than your personal information, are for your internal use only.
• An "Affiliate" of an entity (for the purpose of these Terms) shall mean an entity or individual that controls, is controlled by or is in a direct or indirect relationship with the first entity, and "control" means the ability to direct the policies or operations of an entity, whether by contract, ownership of equity interests, or otherwise.
• You may not disclose a Report (or any portion or summary of a Report,) externally (including to your Affiliates), or refer to us or to any other person, incorporated or not, in connection with the Services, except:
  • to your lawyers (subject to these disclosure restrictions), who may review it only in connection with advice relating to the Services;
  • to the extent, and for the purposes, required by law and you will promptly notify us of such legal requirement to the extent you are permitted to do so);
  • to other persons (including your Affiliates) with our prior written consent (which shall not be unreasonably withheld), who may use it only as we have specified or with our express consent; or
  • to the extent, it contains tax advice.
• If you are permitted to disclose a Report (or a portion thereof), you shall not alter, edit, or modify it from the form we provided.
• You may incorporate our summaries, calculations, or tables contained in a Report which we create based on your personal information, into documents that you intend to use, but you may not incorporate our recommendations, conclusions, or findings into any of your own documents. You must assume sole responsibility for the content of any documents you create and not refer to us in connection therewith. As the Output is generated by you and your inputs we cannot be held liable for the content of any document or report created.

5. Payment Terms

• To use the Services, you must choose from one of our various subscription plans available. Each subscription is valid for your chosen period and renews automatically.
• Our subscription fees are available on the Platform and are subject to change at any time in our reasonable discretion. You will be given 30 days prior notice where there is a change in the subscription fee charged.
• You will receive an invoice for any payments made. You may also contact us to request an invoice for payments made using the platform.
• Your right to use our Platform/Services is subject to any limits we or your credit card issuer may establish. If payment cannot be charged to your payment card or a charge is returned for any reason, including chargeback, we reserve the right to deny you access to the Platform until such time as payment has been received.
• We may not be held liable for currency fluctuations on any advertised pricing and/or the subscription price payable. The final price payable is determined at the spot rate of your respective currency and is all dependent on the payment gateway used to finalize your transaction.

Refunds

Should there be a request for cancellation, any refund due will be based on the following criteria:

• If the refund is requested within the first 6 (six) months of the subscription, no refund is applicable. Applicable to annual plans only.
• If the refund is requested after a period of 6 (six) months of the subscription being active, a 20% refund will be paid pro-rata for the period used and the period remaining. Applicable to annual plans only.
• No refunds will be provided on promotions, use of coupon codes, corporate, or any volume deals/subscriptions unless agreed to by both parties, through amended and agreed terms of services on an engagement-by-engagement basis.

6. Responsibilities and Warranties

By using the Platform and/or the Services, you warrant that:

• you have read and agreed to these Terms and will use the Platform and Services in accordance with them;
• you have not made any misrepresentations and the information provided in the registration process about you, is true, accurate and complete in every aspect;
• you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
• you lawfully possess and submit all information to EVO for the use of the Platform and the Services and hereby indemnify EVO against any third-party claims that may arise due to the processing of the information shared by you with EVO;
• you will appoint a qualified person, where applicable, to oversee the use of the Services;
• you will be responsible for the management decisions relating to the Services, the use and implementation of the Services and for determining whether the Services are appropriate for your purposes;
• you must provide us with (or cause others to provide us) the information and resources necessary to perform the Services, where requested. You understand that without being provided the necessary information and resources, we cannot provide the Services;
• you will not post, upload, replicate or transmit any abusive content on the Platform that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform;
• you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end 'look and feel' of the Platform or the underlying software code;
• you will not infringe the intellectual property or other rights of any third party or the Platform or transmit content that you do not own or do not have the right to publish or distribute;
• you will not use the Platform for any commercial purpose other than as expressly provided for by EVO herein;
• you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
• you will not facilitate or assist any third party to do any of the above,

Failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing EVO to manifest all of our rights in the case of breach, including but not limited to denying you access to the Platform/Services, reporting your actions to an applicable authority or instituting legal proceedings against you.

• You agree that we may, subject to professional obligations towards you, act for other clients, some of which may include competitors of you.
• The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform. We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.
• Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Platform where we believe (in our reasonable discretion) that you are in breach of any of these Terms.

7. Confidentiality

EVO acknowledges that any information, documents, materials, knowledge, know-how, trade secrets and proprietary interests vesting in and belonging to you as our client and/or an associated company, disclosed to us, our employees and/or representatives at any time by or on behalf of you which is not in the public domain is confidential. The aforementioned may not be used or disclosed to any third party (whether during the negotiations preceding, during the course of and/or after the termination of our relationship) for any reason whatsoever save as may be strictly necessary for the due and effectual rendering of the Services and in accordance with law.

8. Messages and Advertising

Data Messages between You and EVO

• Data messages, including email messages, you send to us will be considered as received only when we acknowledge or responded to these messages.
• Data messages we send to you will be regarded as received when the data message enters your email sever inbox and is capable of being retrieved and processed by you.
• We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.
• Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.

Hyperlinks, Deep Links, Framing

• The Platform may include links to other websites ("other sites"). We do not own or endorse these other sites and are not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.
• We do not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content.
• Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.

9. Intellectual Property

• All website/application layout, website/application content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, ("the intellectual property") are owned (or co-owned or licenced, as the case may be) by EVO, our shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
• All rights to any intellectual property you provide to us will remain with you, but for which you have provided us with a non-exclusive, non-transferable licence to use such intellectual property to provide you with our Services including the use of our Platform.
• Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
• We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Platform/Services, or to suspend or terminate the Platform, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).
• Where any intellectual property has been licensed to us or belongs to any third party all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.
• Subject to adherence to the Terms, EVO grants to you a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information on any machine which you are the primary user. However, nothing contained on the Platform or in these Terms should be construed as granting any licence or right to use any intellectual property without our prior written permission.
• Neither Party may use or reference the other's name, logos, or trademarks without the prior written consent of the other party provided that we may use your name publicly to identify you as a client, but only in connection with specific Services and with your prior consent.

10. Indemnities and Disclaimers

Disclaimers

• The Platform and Services, including intellectual property appearing therein, are provided "as is" and "as available". We make no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Platform or the Services.
• All content, information, and/or opinions of users or partners made available on the Platform in relation to any of the Services are those of the authors and not EVO. While we make every reasonable effort to present such information accurately and reliably on the Platform we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Platform.
• EVO, its shareholders, directors, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Platform and/or transactions or actions resulting therefrom or from the Services offered.
• EVO, its shareholders, directors, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Platform in any manner.
• We take reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access from the Platform offline. However, we do not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. We also do not take responsibility for any data loss or any consequential loss to your data on the platform. Your access to and use of the Platform remains solely at your own risk, and you should take your own precautions accordingly.

Indemnities

• You indemnify and hold harmless EVO, its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys' fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with your use of the Platform and/or Services offered or transactions concluded through the Platform in any way.
• You agree to indemnify, defend, and hold EVO, its shareholders, employees, and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user's breach of these Terms.
• This clause will survive termination of these Terms.

11. Dispute Resolution

• Should any dispute, disagreement or claim arise between you and EVO concerning the use of the Platform or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
• Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.
• If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa ("AFSA"), with an arbitrator selected by EVO.
• Notwithstanding the above, both parties' consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
• The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

12. Termination of Use

• IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVE THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF OUR PLATFORM/SERVICES IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.
• If you wish to terminate your agreement with us and these Terms, you may do so by ending your subscription and use of our Services. Such termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time of said termination.
• Our respective confidentiality obligations under our agreement and/or these Terms shall continue indefinitely.
• In the event of termination of your agreement with these Terms we will remove you from the Platform and delete your profile.

13. Notices and Service Address

• Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
  • in the case of EVO, at info@sigme360.com; or
  • in the case of the user, at the e-mail, cellphone number, and/or address provided when corresponding with us.
• Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
• Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

14. Company Information

15. General