Version 1.0
01/01/24
This Terms of Service (“Agreement”) is entered into by and between The Phygital Company LLC (“The Phygital Company”) and the entity or person placing an order for or accessing the Services (“Customer”). This Agreement consists of the terms and conditions set forth below and any Order Form. The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access to the Services through any online provisioning, registration or order process, or (b) the Effective Date of the first Order Form. This Agreement governs Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement. The Phygital Company may modify this Agreement from time to time as permitted in Section 13.4 (Amendment).
Capitalized terms shall have the meanings set forth in Section 1, or in the section where they are first used.
1.1 Authorized Devices: Those mobile, desktop, or other devices with which the Services can be accessed and used.
1.2 Content: Any code, content, graphics, designs, documents, or materials created using the Services by Customer and its Users or imported into the Services by Customer and its Users.
1.3 Documentation: Technical materials made available by The Phygital Company to Customer and/or its Users in hard copy or electronic form describing the use and operation of the Services.
1.4 Services: The Phygital Company’s proprietary web-based products and services, including downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s Services subscription.
1.5 Order Form: A document signed by both Parties identifying the Services to be made available by The Phygital Company pursuant to this Agreement.
1.6 User: An employee, contractor, or individual associated with Customer who has been provisioned by Customer with access to the Services.
2.1 Services. The Phygital Company grants Customer a non-exclusive, non-transferable license during the Term (as defined in Section 12) to use the Services for Customer’s internal business purposes in accordance with the Documentation.
2.2 Provisioning the Services. The Phygital Company will provide to Customer the necessary access protocols to allow Customer and its Users to access the Services as described. Customer is responsible for the actions of its Users.
2.3 Registering for an Account. To use the Services, Users must register and create an account, which requires disclosure of certain information (including full name, password, and email address). Users' accounts are personal and cannot be shared.
2.4 Restrictions. Customer will not, and will not authorize any User to: