Terms and Conditions

The Formalities

This agreement is between you ("Customer") and DigiTLC Pty Ltd (ABN: 69 646 587 911) or its nominee ("Provider"), and governs the use of our Software as a Service (SaaS) platform, The Digisyncro ("Service"). The Service is offered in three different tiers: DigiSyncro Core, DigiSyncro Plus, and DigiSyncro Max, each with different features, capabilities, and pricing structures.

  1. License: The Provider grants the Customer a non-exclusive, non-transferable, and limited licence to access and use DigiSyncro Core, DigiSyncro Plus, or DigiSyncro Max, depending on the level selected, solely for internal business purposes during the term of this agreement.
  2. Transfer of Service Delivery: The Provider reserves the right to transfer service delivery of any tier of DigiSyncro to another entity, provided the new entity adheres to these terms and continues service provision as outlined.
  3. Governing Law: This agreement is governed by the laws of the jurisdiction in which it is executed and signed.
  4. Indemnity: The Customer agrees to indemnify and hold the Provider harmless against claims, liabilities, damages, or losses arising from misuse of the Service, violation of applicable laws, or any third-party claim resulting from the Customer's use of the Service.
  5. Limitation of Liability: The Provider shall not be liable for any damages arising out of the Customer's use or inability to use the Service, including but not limited to loss of data, lost profits, or other consequential damages.
  6. Dispute Resolution: Both parties agree to resolve disputes through negotiation or mediation before pursuing litigation.
  7. Taxes: Any applicable tax changes affecting the Service will result in adjustments to payable amounts.
  8. Consumer Protection: Nothing in this agreement contracts out of applicable provisions of the Competition and Consumer Act 2010 or equivalent laws in Australian states and territories, except as permitted by those laws.
  9. Updates to Terms: The Provider may update these terms from time to time. Continued use of the Service constitutes acceptance of any updated terms.
  10. Modification Requests: Any changes or modifications to the Service must be agreed upon in writing by both parties.
  11. Personal Liability: If the Customer is an entity, but the entity is unable to comply with the terms, the individual(s) responsible for the entity’s operations may be held personally liable for payments due under this agreement.
  12. Entire Agreement: This document constitutes the entire agreement for the Service. Any prior agreements or representations are superseded. Other memberships or programs remain governed by their respective terms.
  13. Severability: If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions remain in effect.

About Us and Our Role

  1. Confidentiality: Service materials are proprietary and confidential. They cannot be used, disclosed, or duplicated outside the Customer’s business without written consent.
  2. Service Changes: The Provider may alter Service materials or structure and will provide advance notice.
  3. No Warranties: The Provider does not guarantee any specific results or outcomes from using the Service. The Customer acknowledges that results may vary, and the Customer assumes full responsibility for implementing recommendations.
  4. Recommendations: While the Provider may offer recommendations, their implementation and effectiveness are the Customer’s responsibility unless explicitly agreed otherwise.

About Your Program

  1. Commencement: Service begins upon receipt of payment or formal order confirmation from the Customer.
  2. Program Fees: Program Fees are payable in Australian Dollars (inclusive of GST) and are due on the monthly or annual anniversary of the commencement date. Specific pricing is determined based on the selected DigiSyncro tier (Core, Plus, or Max) and does not include Additional Fees.
  3. Additional Fees: Service fees for the usage of add-on services are an additional charge each month. Where applicable they will be billed each month in US Dollars and will be charged to your registered Card. These are subject to change.
    Details of these are outlined in Service Usage Charges.
  4. No Refunds: There are no refunds, holds, or pauses for the Service. There are no refunds for any portion of the fees paid, including for unused services or early termination of the Service.
  5. Late Payments: Late payments may incur interest at 5% per month, and access to the Service may be restricted until the outstanding balance is cleared.
  6. Termination:

    7. Customer-Initiated Termination

    The Customer may terminate this agreement with 30 days' written notice. For Customers on an annual payment plan, termination will take effect on the anniversary of their annual payment date. For Customers on a monthly payment plan, termination will take effect on the anniversary of their monthly payment date. Payments due during the notice period remain payable, and the Customer will retain access to the Service until the termination date. There are no refunds for unused portions of either annual or monthly plans. The Customer has the right to retrieve their data within 30 days of the termination date. After this period, the data will be permanently deleted unless otherwise agreed.

    Provider-Initiated Termination

    The Company reserves the right to terminate this agreement at any time with 30 days' written notice. Payments due during the notice period remain payable, and the Customer will retain access to the Service until the termination date. If the Company terminates an annual or monthly plan, the Customer will be entitled to a prorated refund for any unused portion of their plan, calculated from the termination date. The Customer has the right to retrieve their data within 30 days of the termination date. After this period, the data will be permanently deleted unless otherwise agreed.

  7. Customer Obligations: The Customer must provide accurate and complete information within 7 days of a request. Failure to do so may limit the Service.
  8. Data Protection: The Provider will process Customer data in compliance with Australian privacy laws and implement measures to prevent unauthorised access or disclosure.
  9. Intellectual Property: The Provider retains all rights to the Service. The Customer retains ownership of their data but grants the Provider a licence to use it for Service delivery.
  10. Usage Restrictions: The Customer agrees not to copy, modify, distribute, reverse-engineer, or use the Service for unlawful purposes or infringe on others’ rights.

Getting Started

  1. Acceptance: By selecting a plan (Core, Plus, or Max) or verbally agreeing during an online session, the Customer confirms acceptance of these terms and authorises payments as outlined.
  2. Authorisation: The Customer confirms they are authorised to accept these terms on behalf of their business and accepts personal responsibility if necessary.
  3. Communication: The Customer agrees to communicate promptly via email, phone, or SMS to facilitate Service delivery.

Illegal or Unauthorized Use

The Customer agrees to use the Service only for lawful purposes and in accordance with all applicable laws and regulations. The Customer shall not use the Service to engage in any illegal, fraudulent, or unauthorized activities, including but not limited to:

  • Violation of intellectual property rights, including the unauthorized copying, modification, or distribution of any content provided by the Service.
  • Engaging in any activity that disrupts, damages, or impairs the functionality or security of the Service, including the introduction of malicious code, viruses, or other harmful components. .
  • Misuse of the Service to harass, defraud, or harm others, including the distribution of false or misleading information. .
  • Violating any third-party rights, including privacy, confidentiality, and intellectual property rights. .

If the Provider determines, in it's sole discretion, that the Customer has engaged in any illegal or unauthorized use of the Service, the Provider reserves the right to immediately suspend or terminate access to the Service, and the Customer may be held liable for any damages arising from such misuse. The Customer agrees to indemnify and hold the Provider harmless from any claims, damages, or legal consequences resulting from illegal or unauthorized use of the Service.


Additional Considerations

  1. Service Levels: The Service is provided as a base program with predefined inclusions. The specific inclusions, features, and pricing depend on the Customer’s chosen Digisyncro tier (Core, Plus, or Max). Customisations are the Customer’s responsibility unless otherwise agreed.
  2. Support:The Provider offers online live chat support, generally available 24/7, though response times may vary depending on demand. For more urgent issues, the Provider may offer additional support options at an extra cost, which will be outlined separately.
  3. Third-Party Integrations: The Provider disclaims all liability for any issues, errors, or disruptions caused by third-party tools, APIs, or services that the Service integrates with or relies upon. The Customer acknowledges that these third-party integrations operate independently of the Provider and assumes full responsibility for understanding their limitations and ensuring their compatibility with the Service. The Provider is not liable for any changes, discontinuations, or malfunctions of third-party services that may impact the functionality of the Service.
  4. Beta Features: Any beta features introduced are experimental and provided "as-is" without guarantees. These features may change or be discontinued at the Provider’s discretion.
  5. Automatic Renewals:Subscriptions automatically renew on the anniversary of the Customer's commencement date. Monthly plans renew monthly, and annual plans renew annually. Cancellation requires at least 30 days' notice prior to the renewal date. No renewal notifications will be sent.
  6. Trial Periods (if applicable): If a trial period is offered, it may be provided either as a free or partially paid trial, limited to the agreed number of days. The trial includes full access. Upon expiration of the trial period, the Customer will be automatically transitioned to a paid plan unless the Customer opts to cancel before the trial ends.

Fair Use Policy

The following Fair Use Policy applies to the usage of SMS and AI-powered features within the Digisyncro (the "Service"). By using the Service, the Customer agrees to comply with this policy and use the Service in a manner that is ethical, responsible, and in line with applicable laws and regulations.

SMS Usage

  1. Permitted Use

    2. The use of SMS features within Digisyncro is intended solely for legitimate business communications, including but not limited to customer engagement, marketing, and operational notifications. The Customer agrees to use SMS services responsibly and in accordance with all relevant laws, including the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth).

  2. Volume Limitations and Restrictions
    • The Digisyncro SMS service is not intended for bulk SMS campaigns. The service is designed to support individual or small-scale SMS communications, such as transactional messages, notifications, or customer service updates.
    • The Customer agrees not to send more than one SMS per minute. This is to ensure fair and efficient use of the service and to prevent system overloads.
    • The Customer must not use the SMS service for unsolicited, high-volume or spam messaging. Bulk SMS campaigns that exceed the one message per minute limit will be considered a violation of this policy.
  3. Prohibited Use

    4. The Customer shall not:

    • Send unsolicited or spam messages to individuals who have not consented to receiving SMS communications.
    • Use the SMS feature for malicious, harassing, or fraudulent activities, including phishing attempts or the distribution of harmful content.
    • Send messages that violate the privacy rights of individuals or that contain false, misleading, or deceptive information.
    • Use SMS for high-volume or automated campaigns that exceed the reasonable use of the Service as intended.
  4. Opt-Out Mechanism

    5. The Customer is responsible for ensuring that all recipients of SMS messages can easily opt-out from further communications, in compliance with applicable regulations. An unsubscribe mechanism must be included in all marketing or promotional SMS communications.

  5. Abuse monitoring and Enforcement

    6. DigiSyncro reserves the right to monitor SMS usage and investigate any suspicious or excessive activity. If the Customer exceeds the allowed usage thresholds, or if the SMS service is being used in a manner that violates this Fair Use Policy, the Provider may suspend or terminate the SMS service or charge additional fees for excessive usage.

SMS Service Policy

The SMS service provided through DigiSyncro is operated by a third-party provider. We have no control over their operations, and should the service be abused (including, but not limited to, sending bulk SMS messages or exceeding one SMS per minute), the third-party provider reserves the right to suspend the service. Such suspension may occur without warning or notification. The Customer acknowledges and agrees that any misuse of the SMS service may result in immediate suspension of access, and the Provider is not responsible for any loss or inconvenience caused by this action.

Additionally, the Provider is not liable for any downtime or service interruptions caused by the third-party SMS provider. Any such downtime or disruptions will not be the responsibility of the Provider, and the Customer agrees to hold the Provider harmless from any liability associated with such interruptions.

AI Usage

  1. Permitted Use

    2. The use of AI-powered features within DigiSyncro is intended for tasks including but not limited to automating customer interactions, enhancing marketing campaigns, and improving operational efficiency. The Customer agrees to use AI features responsibly and ethically.

  2. Prohibited Use

    3. The Customer shall not:

    • Use AI features to generate or disseminate harmful, offensive, or unlawful content.
    • Deploy AI features in a way that impersonates or misleads individuals, including creating false representations or manipulating users into taking actions they would not otherwise take.
    • Use AI to violate intellectual property rights, such as generating content that infringes on copyright or trademarks.
    • Employ AI in any activity that would interfere with the fair and lawful operation of the Service or breach applicable data protection and privacy regulations.
  3. Ethical AI Usage

    4. The Customer acknowledges that AI technologies are powerful tools that must be used responsibly. The Customer agrees not to exploit AI for any purpose that could harm individuals or groups or contribute to unethical practices, such as discrimination, misinformation, or privacy violations.

  4. Abuse Monitoring

    5. DigiSyncro reserves the right to monitor the use of AI-powered features and investigate any suspicious or abnormal activity. The Provider may suspend or restrict access to AI features if it is determined that the Customer is engaging in misuse or abuse of these features.


By agreeing to these Terms and Conditions, you confirm your acceptance and understanding of all provisions outlined above.

DigiSyncro Terms and Conditions Agreed Date/Time: