General Terms of Service

Acceptance of Terms

Welcome to Digital Tojo! from now on, called "DT" or "Tojo" or "the company" or simply "us" These are the terms and conditions that you, from now on called "the user" or "the client" or "the custommer" or simply "you", agree to comply and be bound, just by accessing and using our website or any of our services, platforms, solutions, or related content that we provide directly or indirectly through any partner or custommer's solution constitutes an acceptance of any and all of the terms and conditions outlined below.

Please read all of our Terms carefully because you will be held accountable for any behavior that violates any of the folllowing and it's your sole responsibility to communicate any disconformity regarding our Terms and conditions to DT through any of our contact channels and stop using the site, platform or service in question inmmediatelly.

User Conduct

You agree not to use our website, platforms or services for any illegal or unauthorized purpose. You also agree not to interfere with or disrupt the operation of our website or the servers and networks connected to it.

The following are prohibited activities for any user within our website, platforms or services:

1. Unauthorized access to or interference with DT's systems or data.
2. Posting or transmitting any content that is abusive, defamatory, obscene, offensive, sexually suggestive or otherwise objectionable content.
3. Sending unsolicited or unwanted communications, including but not limited to emails, messages, or advertisements.
4. Using, reproducing, or distributing copyrighted material without proper authorization.
5. Violating any intellectual property rights, including trademarks, patents, or trade secrets.
6. Engaging in any form of harassment or discrimination, including but not limited to online bullying, hate speech, or threats.
7. Using our website, platforms or services to impersonate another person or entity, or to misrepresent your affiliation with a person or entity.
8. Distributing or transmitting malware, viruses, or other harmful software.
9. Interfering with the proper functioning of DT or other users' access to DT.

Intellectual Property

All content on this website, or any DT related platform including but not limited to text, graphics, logos, images, trademarks and software, is the property of DT or its content suppliers and is protected by copyright and other intellectual property rights, including copyright and trademark laws.

Partner Content

Content provided by third-party partners ("Partner Content") remains the intellectual property of the respective partners. DT does not claim ownership of Partner Content.

User Restrictions

Users may not:

• Reproduce, distribute, modify, or create derivative works of DT's content or Partner Content without prior written consent.
• Use DT's content either graphics, trademarks or logos without prior written consent.
• Remove or alter any copyright, trademark, or other proprietary notices from DT's content or Partner Content.
• Use DT's content or Partner Content either graphics, trademarks or logos to impersonate or missrepresent DT or any of its partners affiliations.

Disclaimer

We make no warranties, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

We provide the website and its content "as is" and "as available" without any warranties, express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Tojo does not warrrant that the website will be uninterrumpted or error-free. Hosting relies on a third party providor and is subject to the terms and conditions of that providor.

Although we make great efforts to guarantee that the wibsite is vurus free, any download, link and content information including access to and or from subdomains and general use of a service, platform or website or any of their contents is at your own risk. DT is not responsible for any damage to your computer system or loss of data that results from the previously mentioned interactions.

Laws and Rights

These terms and conditions are governed by the laws of Bolivia, plurinational state of.

We reserve the rights to modify these terms of agreement without previous notice. Any changes will be effective immediately upon posting on the website and can be subject to change at any time. For you own reference, last updated date will show when our last changes were made.

Digital Tojo Terms of service

These terms apply to any user person or entity that have an account within any DT service or platfrom, and extends to all employees or users of Digital Tojo, including those from partnerships, internships, auditories, consultancies and any other user that may require to access any platform content or service related to Tojo or any of its services. Either requested by Tojo or accessed indirectly through any third party partner, customer, or platform.

Acceptance & Consent

By using this website or any service, platform or software or hardware solution provided by us directly or throug any third party client or partner of Tojo, you consent to the collection, use, and sharing of your information as described in these terms and conditions and the Privacy Policy.

See Privacy Policy

• You may withdraw your consent to certain data processing activities at any time by contacting us.
• You may have certain rights regarding your personal data, such as the right to access, correct, or delete your data.
• DT is not intended for use by children under the age of 13. We do not knowingly collect personal information from children under the age of 13.

All users agree to and consent to give Tojo permission to:

1. Collect your browser language preference for the purpose of displaying the website in your preferred language.
2. Collect your location for the purpose of displaying or providing location-based services.
3. Collect your device information for the purpose of improving the user experience and providing services.
4. Collect your contact information such as your name, email address, or other data when you register for an account, subscribe to newsletters, or contact us. For the purpose of communicating with you about your account or services.
5. Collect your payment information such as credit cards, legal name, bank name, swift code or other financial data for the purpose of processing payments.
6. Collect your usage information for the purpose of improving the user experience and providing services.
7. Collect your feedback for the purpose of improving the user experience and providing services.
8. Collect your preferences for the purpose of personalizing your experience.
9. Collect your data for the purpose of complying with legal obligations.
10. Collect any information you provide voluntarily to us for the purpose of improving our services or communicating with you.
11. We may automatically collect certain information about your device and your use of DT, such as your IP address, browser type, operating system, and browsing activity. We may also use cookies and similar technologies to collect information about your use of DT.

Use of information

We may use the information we collect to:

1. Provide and improve our services.
2. Communicate with you about your account or services.
3. Communicate with you, such as sending you newsletters or promotional emails.
4. Personalize your experience.
5. Comply with legal obligations.
6. Protect our rights and property.
7. Protect the rights and property of our users.
8. Analyze user behavior and improve our services.

Data Sharing

We might share your information with third parties in the following circumstances:

1. Service providers who assist us in providing DT, such as hosting providers, analytics providers, and customer support providers. These service providers are bound by confidentiality obligations and may only use the information we share with them to perform their services.
2. Third parties who assist us in providing DT, such as payment processors, shipping providers, and marketing partners. These third parties are bound by confidentiality obligations and may only use the information we share with them to perform their services.
3. Business partners for joint marketing purposes or to provide you with information about their products or services.
4. Law enforcement agencies or other government agencies as required by law or in response to a court order or subpoena.

Aditional User Consent Agreement

These section addresses specific requirements

All users are also bound by the following terms:

1. We take reasonable measures to protect your information from unauthorized access, use, or disclosure. However, no method of transmission over the internet or method of electronic storage is completely secure . Therefore, we cannot guarantee the security of your information.
2. We may use third-party service providers to host our website or provide other services. These third-party service providers may have access to your information as necessary to perform their services.
3. We may transfer your information to a third party in the event of a merger, acquisition, or sale of all or a portion of our assets.
4. We may disclose your information to third parties in the event of a change of control or sale of all or a portion of our assets or even bankruptcy or insolvency proceedings.
5. We may disclose your information to partners for the purpose of providing a specific service or product.
6. DT uses cookies and similar technologies to enhance your browsing experience and to collect information about your use of DT. You can control the use of cookies through your browser settings. However, if you choose to disable cookies, you may not be able to access certain features of DT.
7. DT complies with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) to the extent applicable. If you are a resident of the European Union or California, you may have certain rights regarding your personal data, such as the right to access, correct, or delete your data.

User Account and Responsibilities Terms

• You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or mobile device. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized access to your account or password, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
• You agree to provide accurate, current and complete information about yourself as prompted by our registration form, and to maintain and update this information as required. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such is the case, we have the right to suspend or terminate your account and refuse any and all current or future use of DT and any of its services.
• You agree that you will not use DT to impersonate any person or entity, or to falsely state or otherwise misrepresent your affiliation with a person or entity.
• You agree that you will not use DT to harass, abuse, or harm another person or entity, or to collect or store personal data about other users in connection with any of the prohibited activities.
• You agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized access to your account or password, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
• You agree to use the service only for lawful purposes and in accordance with these terms.
• Unauthorized use of our services may result in suspension or termination of your access to any or all DT services and platforms.
• You agree to comply with all applicable laws, including without limitation, laws related to data protection, privacy, and intellectual property.
• Employees are required to use only approved sites and applications for company business. A list of approved sites and apps will be provided and kept up-to-date by management. Employees are not permitted to use company resources for personal business or to access personal email or social media accounts.
• Employees must adhere to the company's data protection policy regarding the handling of client data, company data and sensitive information. This includes but is not limited to, the use of secure passwords, encryption, and secure disposal of data.

Changes to the Terms

We reserve the right to modify these terms at any time, so please review them frequently. Your continued use of our services constitutes acceptance of any changes to these terms.

Termination of Services

We may terminate or suspend access to our services immediately, without prior notice, if you breach any of these terms and conditions.

Upon termination, your right to use our services will cease immediately.

We may also terminate or suspend access to our services if we determine that you have engaged in any of the forbidden activities of these terms and conditions. Any intent to continue to use the service after termination is strictly prohibited.

General Services Terms

These terms apply to all clients of DT, including those who use our services through our website, mobile app, or other platforms.

Users of our clients that may indirectly access or use our services or solutions through our clients are also bound by these terms.

Service Descriptions

We provide a range of digital Services which may include but are not limited to:

• Digital marketing services: Search Engine Optimization (SEO), Search Engine Marketing (SEM), Social Media Marketing (SMM), Pay-Per-Click (PPC) advertising, content marketing, email marketing, social media management, influencer marketing, website analytics, and reputation management.
• Development services: Website development, mobile app development, e-commerce solutions, custom software development, and server, website and database management and maintenance.
• Graphic design services: Logo design, branding, print design, digital design, art direction, and visual identity Also Ux/UI design, and other related services.
• Visual Effects services: 3D animation, 2D animation, motion graphics, video production, and post-production services including compositing, rotoscoping, color correction, color grading restoration , and other audio-visual related services.
• Cloud services: Cloud infrastructure, cloud security, cloud migration, cloud backup, cloud storage, cloud computing, and cloud consulting.
• Consulting services: Digital strategy, business consulting, IT consulting, marketing consulting, financial consulting, cibersecurity and cripto currencies consulting.

Our services may be subject to additional terms and conditions, which will be provided to you at the time of engagement.

We may modify or discontinue any of our services at any time, without prior notice.

We may also provide additional services or features that are subject to separate terms and conditions.

Client responsibilities

Payment Terms

You agree to pay for all services provided by us in accordance with the payment terms set out in our invoice or as otherwise agreed upon by us and you.

You agree to pay all amounts due to us within the time period specified in our invoice or as otherwise agreed upon by us and you.

You can choose to display our prices tax included or not, depending on your country and your tax laws and your decition will also influence your payment terms.

It is your responsibility to ensure that the correct amount due is paid to us in accordance to the payment plans available to you, and that you have sufficient funds in your account to cover each payment.

Information and materials

You agree to provide us with accurate, complete and up-to-date information about yourself and your business, and to maintain and update this information as required.

You agree to provide us with all necessary information and materials to enable us to provide our services to you, and to cooperate with us in the provision of our services.

This may include, but is not limited to, website content, images, logos, brand guidelines, target audience information, access to relevant accounts (e.g., Google Analytics, social media platforms, hosting and or domain credentials), and any other information required for the successful completion of the project.

You agree to ensure that all information and materials provided to us are accurate, complete and up-to-date, and that you have the necessary rights and permissions to provide such information and materials to us. DT will not be responsible for any consequence arising from your failure to comply with these requirements.

Failure to comply with any of these terms may result in delays or additional costs to you.

Approvals

You agree to provide us with all necessary approvals and consents to enable us to provide our services to you, and to cooperate with us in the provision of our services.

This may include, but is not limited to, approvals from your management, stakeholders, or other relevant parties.

You agree to ensure that all approvals and consents are provided in a timely manner, and that the primary contact of any given project has the necessary authority to provide such approvals and consents to us.

Confidentiality

You agree to keep confidential all information and materials provided to you by us, and to not disclose such information and materials to any third party without our prior written consent.

This includes, but is not limited to, our business plans, financial information, marketing strategies, proprietary information, trade secrets, client data and any other confidential information.

You agree to ensure that all employees, contractors, and agents who have access to our confidential information are aware of and agree to keep such information confidential.

You agree to return all confidential information to us upon request, and to destroy any copies of such information in your possession.

Infringement to these terms constitute a fellony and may result in legal action.

Cooperation

You agree to cooperate with us in the provision of our services, and to provide us with all necessary information and materials to enable us to provide our services, including feedback, approvals and addresing any issues that may arise during the provision of our services. Delays and or additional costs may arise if you fail to comply with these requirements.

You agree to ensure that all employees, contractors, and agents who have access to our services are aware of and agree to cooperate with us in the provision of our services.

You agree to provide us with a primary contact who has the necessary authority to make decisions and provide approvals on your behalf.

You agree to ensure that all communication with us is clear, concise and accurate, and that you respond to our requests and inquiries in a timely manner.

You agree to ensure that all employees, contractors, and agents who have access to our services are aware of and agree to comply with our policies and procedures.

Access and security

Its your responsibility to manage, mantain and secure or delete any user account that we may create for you to use or test our services. This includes, but is not limited to, passwords, access credentials, and any other security measures like 2FA.

You agree to ensure that all access to our services is in accordance with our policies and procedures, and that you take all necessary steps to prevent unauthorized access to our services.

You agree to ensure that all employees, contractors, and agents who have access to our services are aware of and agree to comply with our security policies and procedures.

You agree to report any security breaches or incidents to us immediately, and to cooperate with us in the investigation and resolution of any security breaches or incidents.

After a service conclusion we might still require a certain level of access to the product, service, platform or tool, and it's your whole responsibility to maintain this access secure so that DT can continue to provide our services such as maintenance, updates, and or support.

DT will not be accountable for any damage or loss that may arise from your failure to comply with these requirements.

Tojo's Responsabilities

1. Service Quality: DT will provide our services in accordance with the terms and conditions of this agreement, using our best efforts to meet the agreed-upon objectives and industry standards.
2. Timeliness: DT will deliver our services in a timely and efficient manner, ensuring that all work meets a high standard of quality.
3. Progress Updates: DT will keep you regularly informed about the progress of our services, notifying you of any changes or issues that may affect service delivery.
4. Policy Compliance: DT ensures that all employees, contractors, and agents with access to our services are aware of and agree to comply with our policies and procedures.
5. Access Control: DT will take all necessary steps to prevent unauthorized access to our services, ensuring compliance with our policies and procedures for all access.
6. Security Incident Response: In the event of a security breach or incident, DT will report it to you immediately and cooperate with you to investigate and resolve the issue.
7. Confidentiality: DT will maintain the confidentiality of all information and materials provided by you, and will not disclose them to third parties without your prior written consent.
8. Data Security: DT will ensure the security of all data and information you provide, and ensure access to such data is in accordance with our policies and procedures.
9. Primary Contact: DT will assign a primary contact with the authority to make decisions and provide approvals on our behalf.
10. Communication: DT will ensure clear, concise, and accurate communication with you, responding to your requests and inquiries promptly.
11. Security Compliance: DT will ensure that all employees, contractors, and agents with access to our services comply with our security policies and procedures.

Payment Terms

Pricing for DT's services will be determined based on the scope of work, project complexity, and other relevant factors and will be agreed upon in writing prior to the commencement of the project.

Both the user and Tojo agree to comply to:

• A deposit of 50% of the total project cost is due upon signing the agreement.
• The remaining balance of 50% is due upon completion of the project.
• Payment is due within 30 days of the invoice date.
• Late payments will incur a penalty of 2% per month.
• Payment methods accepted include bank transfer, credit card, payoneer, criptocurrencies and other payment methods as agreed upon in writing.
• All international payments must be made in one of these payment methods: Through payoneer over a payment link created by Tojo or Criptocurrency transfer of USDT or USDC to Tojo's wallet or binance account.
• The client is responsible for any fees associated with the transfer or payment method chosen.
• All payments will be made in the currency that the proposal was made in. Any changes to the currency or criptocurrency will be calculated based on alternative exchange rates determined by DT at the moment of payment.
• All payments are non-refundable, except in cases where DT fails to deliver the agreed-upon services due to circumstances beyond DT's control.
• DT reserves the right to adjust pricing and payment terms at any time, provided that such changes are agreed upon in writing by both parties.
• Payment plans are available for large projects, and will be agreed upon in writing prior to the commencement of the project.
• Monthly payments will be due on the 10th day of each month, and will be based on the agreed-upon payment plan.
• Late payments will incur a penalty of 2% per month and be subject to cancellation of the project or service.
• DT reserves the right to cancel the project or service if payments are not made on time and can't be held liable for any losses or damages that may arise from this.
• DT will provide the client with a detailed invoice for all payments made, and will keep a record of all payments made.
• Tojo also guarantees that the prices of the services will not increase for the duration specified in each individual proposal.

Project Timelines

• DT will provide you with a project timeline that outlines the scope of work, project milestones, and deadlines.
• The project timeline will be based on the agreed-upon project scope, and will be adjusted as necessary to ensure that the project is completed on time and within budget.
• DT will provide you with regular updates on the progress of the project, and will keep you informed of any changes or issues that may affect the project timeline.
• Project timelines are subject to change due to unforeseen circumstances, and DT will work with you to adjust the project timeline as necessary.
• In the event of a project delay, DT will provide you with a revised project timeline and will work with you to ensure that the project is completed as soon as possible.
• DT may use a variety of project management tools, some of which may provide a link to the project timeline or tasks, DT will provide you with the necessary credentials if needed, to access the project timeline and tasks to oversee the project's progress in real time.

Intellectual Property

• DT retains all intellectual property rights to any work created during the project, including but not limited to, designs, code, and other materials.
• DT grants you a non-exclusive license to use the work created during the project for the purpose of the project, and for no other purpose.
• Intellectual property rights are not transferred to you, and you do not acquire any ownership rights to the work created during the project.
• DT reserves the right to use the work created during the project for marketing and promotional purposes, and to display the work on its website and other marketing materials.
• DT will not use your intellectual property without your prior written consent, and will not disclose your confidential information to any third party without your prior written consent.
• DT will maintain the confidentiality of all intellectual property and confidential information provided to us by you, and will not disclose such information to any third party without your prior written consent.
• DT will ensure that all employees, contractors, and agents who have access to our services are aware of and agree to comply with our intellectual property policies and procedures.
• DT will not be liable for any damages or losses arising from the unauthorized use of intellectual property or confidential information.

Termination

• Either party may terminate this agreement at any time, with or without cause, by providing written notice to the other party.
• In the event of termination, DT will cease all work on the project, and will return all intellectual property and confidential information to you.
• DT will not be liable for any damages or losses arising from the termination of this agreement.
• Upon termination, DT will provide you with a final invoice for all work completed, and will provide you with a detailed report on the project's progress and any outstanding issues.
• There are no penalties for termination, but any outstanding payments will still be due and payable.
• DT reserves the right to terminate this agreement if you fail to make payments when due, or if you breach any of the terms and conditions of this agreement.
• In the event of termination all payments that have been made will be non-refundable.

Dispute Resolution

• Any disputes arising from this agreement will be resolved through arbitration in accordance with the rules of the Bolivian Arbitration Laws.
• The arbitration will be conducted by a single arbitrator, who will be appointed by DT.
• The arbitration will be held in La Paz, Bolivia, and will be conducted in Spanish.
• The decision of the arbitrator will be final and binding on both parties.
• DT reserves the right to seek injunctive relief in a court of competent jurisdiction to protect its intellectual property rights or to enforce its rights under this agreement.
• The client agrees to submit to the jurisdiction of the courts of Bolivia, and waives any objections to the jurisdiction of such courts.
• The client agrees to pay all costs and expenses associated with the arbitration, including but not limited to, the fees of the arbitrator and any other expenses incurred in connection with the arbitration.
• The client agrees to keep confidential all information and materials disclosed during the arbitration, and will not disclose such information to any third party without the prior written consent of DT.

Severability and Limitations

• If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• DT's failure to enforce any provision of this agreement will not be deemed a waiver of DT's rights under this agreement.
• DT's rights under this agreement will survive the termination of this agreement.
• This agreement will be governed by and construed in accordance with the laws of Bolivia.
• In no event shall DT be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or loss of goodwill, arising out of or relating to this Agreement, regardless of whether such damages were foreseeable and whether the claim is based in contract, tort, or otherwise.
• DT's liability for damages arising out of or relating to this Agreement will be limited to the amount of fees paid by you to DT under this Agreement.

Specific Terms of Service

Software Development

Specific terms for software development projects, including development process, deliverables, and acceptance criteria, will be detailed in the project scope document.

DT retains ownership of all software code developed specifically for the project. The client receives a perpetual, non-exclusive, royalty-free license to use the software for internal business purposes. The client is not permitted to distribute, sublicense, or modify the software without DT's prior written consent.

For third-party libraries, plugins, or frameworks (Node.js, HTML, CSS, JavaScript, Bootstrap, PHP, MySQL, Python, WordPress), DT will ensure the appropriate licensing terms are adhered to. The client is responsible for ensuring compliance with any applicable licensing terms.

Source code may be provided to the client upon full payment and project completion, subject to specific agreements. DT may choose to provide source code under a permissive license (MIT, Apache, or similar) or a proprietary license.

DT will provide the client with a comprehensive documentation package, including user manuals, technical guides, and API documentation, only if explicitly requested by the client.

DT will not be responsible for any modifications or updates to the software after project completion, unless explicitly agreed upon in the project scope document.

DT will not be responsible for any third-party software or services used in the project, including but not limited to, APIs, libraries, or frameworks. Any issues or problems with third-party software or services will be the responsibility of the client except when the issues arise during the development, testing, and deployment phases in which cases, DT will be responsible for resolving the issues subject to a modification on the project scope with no liability to DT by any inconvenience or loss caused by the third-party.

DT will not be responsible for any issues or problems with the client's infrastructure, including but not limited to, servers, databases, or networks. Any issues or problems with the client's infrastructure will be the responsibility of the client. Including issues by virus, malware, or other malicious software.

DT will not be responsible for any issues or problems with the client's data, including but not limited to, data migration, data backup, or data recovery. Any issues or problems with the client's data will be the responsibility of the client.

DT will not be responsible for any issues or problems with the client's content, including but not limited to, text, images, or videos. Any issues or problems with the client's content will be the responsibility of the client.

The development process will follow Agile methodologies (e.g., Scrum, Kanban) with regular client feedback and iterations. The client will be responsible for providing timely and accurate feedback to ensure the project's success.

Any issues that arise after project completion will be addressed on a case-by-case basis, subject to a modification on the project scope with no liability to DT by any inconvenience or loss caused by the issue. Any minor fixes or modifications requested by the client at this point won't be covered by the month or months of free technical service and will be charged separately.

On going maintenance and support will be charged separately and will be subject to a separate agreement and won't be considered as part of the project scope. This means that any issues that were not reported during the project scope including the month or months of free tech support will be charged separately.

Making changes or alterations to the code or services void the implicit warranty of our service, meaning that we reserve the right to charge extra for any work iinvolved in fixing these changes or alterations and they won't be coverd by any implicit or explicit warramty since we are not able to confirm that more changes or alterations have been made by the client or any third party.

Deliverables included in all software development projects are:

1. Functional software applications
2. The final backup in .zip format is considered to be the final deliverable alongside the source code if agreed upon.
3. Project report and final presentation.
4. Documentation package (if explicitly requested, this can include the user manuals, technical guides, and API documentation and its completion and delivery is subject to a separate scope).
5. Testing and quality assurance tets (A copy of the actual technical documentation result of these tests can be provided if requested)
6. Every technical support and maintenance report or document that was generated during the service. (If the client has requested this service)

DT warrants that the software will be developed in a professional and workmanlike manner and will substantially conform to the specifications outlined in the project scope document. However, DT does not warrant that the software will be error-free or that it will meet all of the client's needs. The client acknowledges that the software is provided "as is" and "as available" and that DT makes no representations or warranties of any kind, express or implied, regarding the software or its use.

DT will not be responsible for any damages or losses arising out of or related to the software, including but not limited to, lost profits, lost data, or loss of goodwill. DT's liability for damages arising out of or related to the software will be limited to the amount of fees paid by the client to DT under this Agreement.

The client acknowledges that the software may be subject to certain risks, including but not limited to, security risks, data loss, or system crashes. The client agrees to take all necessary precautions to mitigate these risks and to ensure the security and integrity of the software.

The client agrees to indemnify and hold harmless DT, its officers, directors, employees, and agents, from and against any and all claims, damages, losses, and expenses arising out of or related to the software, including but not limited to, claims for infringement of intellectual property rights, claims for breach of contract, and claims for negligence or gross negligence.

The client agrees to comply with all applicable laws and regulations related to the software, including but not limited to, laws related to data protection, privacy, and intellectual property.

The client acknowledges that any service provided by Tojo as a monthly subscription are subject to termination from DT as we see fit and are not obliged to provide any further support or maintenance to the client.

Cloud & Hosting

Terms for cloud and hosting services, including uptime guarantees, data storage policies, and support procedures, will be outlined in the service level agreement (SLA).

DT will provide the client with a comprehensive technical guide indicating guaranteed uptime, data storage, and support procedures.

DT will not be responsible for any issues or problems with the client's infrastructure, including but not limited to, servers, databases, or networks. Any issues or problems with the client's infrastructure will be the responsibility of the client or the third party that is providing the service.

DT will not be responsible for any issues or problems with the client's data, including but not limited to, data migration, data backup, or data recovery. Any issues or problems with the client's data will be the responsibility of the client.

DT will not be responsible for any issues or problems with the client's content, including but not limited to, text, images, or videos. Any issues or problems with the client's content will be the responsibility of the client.

DT will not be responsible for any issues or problems with third-party services, including but not limited to, APIs, libraries, or frameworks. Any issues or problems with third-party services will be the responsibility of the client or the third party that is providing the service.

DT will not be responsible for any issues or problems with the client's software, including but not limited to, software updates, software patches, or software maintenance. Any issues or problems with the client's software will be the responsibility of the client or the third party that is providing the service.

Specific terms for cloud and hosting services are determined by our service providers and may vary depending on the services utilized.

All service agreements are to take effect in this order: the service level agreement (SLA) from the third party provider, the service level agreement (SLA) from Tojo, the terms of service outlined for the specific project, and the general terms and conditions.

The client acknowledges that the cloud and hosting services are provided "as is" and "as available" and that DT makes no representations or warranties of any kind, express or implied, regarding the services or their use.

Most of the cloud services provided reffer to man hours and not a product, meaning that the client is not entitled to any ownership of the service and the service can be terminated at any time by DT or the third party provider in accordance to the respective SLA.

The client acknowledges that the cloud and hosting services may be subject to certain risks, including but not limited to, security risks, data loss, or system crashes. The client agrees to take all necessary precautions to mitigate these risks and to ensure the security and integrity of the services.

The client agrees to indemnify and hold harmless DT, its officers, directors, employees, and agents, from and against any and all claims, damages, losses, and expenses arising out of or related to the services, including but not limited to, claims for infringement of intellectual property rights, claims for breach of contract, and claims for negligence or gross negligence.

The client is responsible for any monthly or annual fees associated with the cloud and hosting services, including but not limited to, payment for services, payment for storage, and payment for bandwidth.

The client is responsible for ensuring their own account and password are secure and not shared with any third party.

The client is responsible for ensuring their own data is backed up and stored securely.

Digital Marketing

Terms for digital marketing services, including campaign objectives, reporting metrics, and intellectual property ownership, will be detailed in the marketing agreement.

DT will provide the client with a comprehensive marketing plan outlining campaign objectives, target audience, and key performance indicators (KPIs).

DT will not be responsible for any issues or problems with the client's infrastructure, including but not limited to, servers, databases, or networks. Any issues or problems with the client's infrastructure will be the responsibility of the client or the third party that is providing the service.

DT will not be responsible for any issues or problems with the client's data, including but not limited to, data migration, data backup , or data recovery. Any issues or problems with the client's data will be the responsibility of the client.

DT will not be responsible for any issues or problems with the client's content, including but not limited to, text, images, or videos. Any issues or problems with the client's content will be the responsibility of the client.

DT cannot guarantee that the client will achieve the desired results from the digital marketing campaign. The client acknowledges that the success of the campaign depends on various factors, including but not limited to, the quality of the content, the target audience, and the competition.

The client will retain ownership of all intellectual property created during the digital marketing campaign, including but not limited to, text, images, or videos. DT will obtain the necessary permissions and licenses to use the client's intellectual property for the purpose of the campaign.

The client will provide DT with access to the necessary resources, including but not limited to, data, content, and infrastructure, to execute the digital marketing campaign.

The client will be responsible for ensuring that all content created during the digital marketing campaign complies with applicable laws and regulations, including but not limited to, laws related to data protection, privacy, and intellectual property.

DT may retain the right to use certain marketing materials (e.g., case studies, testimonials) for portfolio and promotional purposes. The client will be notified and will have the opportunity to opt-out of this use.

The client acknowledges that the digital marketing services are provided "as is" and "as available" and that DT makes no representations or warranties of any kind, express or implied, regarding the services or their use.

The client agrees to indemnify and hold harmless DT, its officers, directors, employees, and agents, from and against any and all claims, damages, losses, and expenses arising out of or related to the services, including but not limited to, claims for infringement of intellectual property rights, claims for breach of contract, and claims for negligence or gross negligence.

The client is responsible for any fees associated with the digital marketing services, including but not limited to, payment for services, payment for advertising, and payment for content creation.

The client is responsible for ensuring their own account and password are secure and not shared with any third party.

When utilizing third-party platforms (e.g., Google Ads, social media advertising), the client is responsible for complying with the respective platform's terms of service. DT will not be responsible for any issues or problems with the client's use of third-party platforms.

The client will provide DT with access to the necessary resources, including but not limited to, data, content, and infrastructure, to execute the project.

Graphic Design

Terms for graphic design services, including revisions, file formats, and usage rights, will be specified in the design contract.

DT will provide the client with a comprehensive design brief outlining the project scope, timeline, and deliverables.

The number of revisions included in the project scope will be clearly defined. Additional revisions may be subject to additional fees. The client will be notified of any additional fees prior to their implementation.

DT will provide the client with the final design files in the specified file formats (e.g., PDF, JPEG, PNG). The client will be responsible for ensuring that the design files are compatible with their intended use.

DT will retain the right to use certain design elements (e.g., typography, color schemes) for portfolio and promotional purposes. The client will be notified and will have the opportunity to opt-out of this use.

The client will retain ownership of all intellectual property created during the graphic design project, including but not limited to, text, images, or logos. DT will obtain the necessary permissions and licenses to use the client's intellectual property for the purpose of the project.

The client will provide DT with access to the necessary resources, including but not limited to, branding guidelines, style guides, fonts and logos or any visual content that is requested, to execute the projec in a timely manner.

The client may purchase exclusive usage rights for the designs, granting them sole ownership and the right to use the designs for any purpose. The client will be notified of any additional fees prior to their implementation.

The client may purchase non-exclusive usage rights, allowing DT to use the designs for other projects or portfolios. The client will be notified of any additional fees prior to their implementation.

DT retains copyright of the original design files. The client will be granted a non-exclusive license to use the final design files for the specified purpose.

The client acknowledges that the graphic design services are provided "as is" and "as available" and that DT makes no representations or warranties of any kind, express or implied, regarding the services or their use.

Ux/UI works might include but are not limited to, wireframes, prototypes, and high-fidelity designs. The client will be responsible for ensuring that the design files are compatible with their intended use.

This service might be working in conjunction with other services, such as development, and the client will be responsible for ensuring that the design files are compatible with the development work. Any approved concept, design, or prototype will affect the rest of the services. Changes modifications or updates to the approved concept, design, or prototype will be subject to additional fees and changes in scope to any or all services in question.

Visual Effects

Terms for visual effects services, including project timelines, deliverables, and confidentiality agreements, will be outlined in the VFX contract.

DT will provide the client with a comprehensive project plan and timeline outlining the project scope, milestones, and deliverables.

The client will be responsible for providing DT with all necessary assets, including but not limited to, concept art, storyboards, and reference images. DT will not be responsible for creating or acquiring these assets.

DT will retain the right to use certain visual effects elements (e.g., textures, lighting setups) for portfolio and promotional purposes. The client will be notified and will have the opportunity to opt-out of this use.

The client will retain ownership of all intellectual property created during the visual effects project, including but not limited to, text, images, or logos. DT will obtain the necessary permissions and licenses to use the client's intellectual property for the purpose of the project.

The client will provide DT with access to the necessary resources, including but not limited to, project files, software, and hardware, to execute the project.

The client may purchase exclusive usage rights for the visual effects, granting them sole ownership and the right to use the effects for any purpose. The client will be notified of any additional fees prior to their implementation.

The client may purchase non-exclusive usage rights, allowing DT to use the visual effects for other projects or portfolios. The client will be notified of any additional fees prior to their implementation.

DT retains copyright of the original visual effects files. The client will be granted a non-exclusive license to use the final visual effects files for the specified purpose.

The client acknowledges that the visual effects services are provided "as is" and "as available" and that DT makes no representations or warranties of any kind, express or implied, regarding the services or their use.

The client will be responsible for ensuring that the visual effects files are compatible with their intended use. DT won't provide color corrected footage unless specified in the contract.

Both DT and the client agree to maintain the confidentiality of project materials, including scripts, storyboards, and preliminary footage. This confidentiality agreement will remain in effect for a period of two years after the project's completion.

DT may utilize industry-standard VFX software and may be subject to licensing agreements with third-party vendors. The client will be responsible for ensuring that they comply with any licensing agreements or terms of service.

DT may use third-party assets, including but not limited to, stock footage, textures, or 3D models. The client will be responsible for ensuring that they comply with any licensing agreements or terms of service.

Consulting

Terms for consulting services, including scope of work, deliverables, and confidentiality agreements, will be detailed in the consulting agreement.

DT will provide the client with a comprehensive consulting plan outlining the project scope, timeline, and deliverables.

The client will be responsible for providing DT with all necessary information, including but not limited to, business goals, target audience, and market analysis. DT will not be responsible for creating or acquiring this information.

DT will retain the right to use certain consulting materials (e.g., reports, presentations) for portfolio and promotional purposes. The client will be notified and will have the opportunity to opt-out of this use.

The client will retain ownership of all intellectual property created during the consulting project, including but not limited to, text, images, or logos. DT will obtain the necessary permissions and licenses to use the client's intellectual property for the purpose of the project.

Assets created before the consulting project, such as reports, presentations, and strategy documents, are only provided as a courtesy and are not part of the consulting project. Meaning the client does not own any rights to these assets and in fact is only allowed to use them for the purpose of the consulting project and is bind by any intellectual property right regarding those assets.

The client will provide DT with access to the necessary resources, including but not limited to, project files, software, and hardware, to execute the project.

The client may purchase exclusive usage rights for the consulting materials, granting them sole ownership and the right to use the materials for any purpose. The client will be notified of any additional fees prior to their implementation.

The client may purchase non-exclusive usage rights, allowing DT to use the consulting materials for other projects or portfolios. The client will be notified of any additional fees prior to their implementation.

DT retains copyright of the original consulting materials. The client will be granted a non-exclusive license to use the final consulting materials for the specified purpose.

There are specific consulting services provided by tojo and each of those is subject to their specific terms of agreement.

Cybersecurity Consulting

DT will advise on best practices for data security, including data encryption, access control, and threat detection. The client will be responsible for implementing these recommendations.

DT will assist the client in complying with relevant cybersecurity regulations and standards. The client will be responsible for ensuring compliance with these regulations and standards.

The client will be responsible for any costs associated with implementing the recommended cybersecurity measures.

DT will not be responsible for any losses or damages resulting from a cybersecurity breach or failure to comply with relevant regulations and standards.

The client will provide DT with access to the necessary resources, including but not limited to, network access, system logs, and threat intelligence feeds, to execute the project.

The client may purchase exclusive usage rights for the cybersecurity consulting materials, granting them sole ownership and the right to use the materials for any purpose. The client will be notified of any additional fees prior to their implementation.

The client may purchase non-exclusive usage rights, allowing DT to use the cybersecurity consulting materials for other projects or portfolios. The client will be notified of any additional fees prior to their implementation.

DT retains copyright of the original cybersecurity consulting materials. The client will be granted a non-exclusive license to use the final cybersecurity consulting materials for the specified purpose.

Cryptocurrency Solutions Consulting

DT will advise on best practices for cryptocurrency solutions, including but not limited to, blockchain development, smart contract development, and cryptocurrency exchange integration. The client will be responsible for implementing these recommendations.

DT will assist the client in complying with relevant cryptocurrency regulations and standards. The client will be responsible for ensuring compliance with these regulations and standards.

The client will be responsible for any costs associated with implementing the recommended cryptocurrency solutions.

DT will not be responsible for any losses or damages resulting from a cryptocurrency-related breach or failure to comply with relevant regulations and standards.

DT will not be responsible for any losses or damages resulting from market fluctuations or changes in cryptocurrency values.

DT does not provide investment advice and will not be responsible for any investment decisions made by the client.

Contact

For more information, please contact us at:

info@digitaltojo.com

Phone: +591 79152639

Address: Los Pinos Calle 1 b4 #500 La Paz Bolivia

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