1. Acceptance of Terms
By accessing or using the website digitalfootprintsolutions.com (the "Site"), any associated platform, portal, application, or service (collectively, the "Services") operated by Digital Footprint Solutions, Inc. ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not access or use the Services.
These Terms constitute a legally binding agreement between you and the Company. We may update these Terms at any time, and your continued use of the Services after any changes constitutes acceptance of the revised Terms.
2. Description of Services
Digital Footprint Solutions provides web development, AI-powered business tools, and SaaS platform services primarily for home service contractors, including but not limited to:
- Custom website design, development, and hosting
- AI voice receptionist and call handling systems (Sara)
- Conversion infrastructure including funnels, landing pages, and CRM integration
- Ad intelligence and paid media management
- Reputation management and review automation
- Custom SaaS applications and enterprise solutions
- AI growth consulting and strategic advisory
- SEO, content, and digital marketing services
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
3. User Accounts and Responsibilities
Certain features of the Services may require you to create an account or provide information. When you create an account, you agree to:
- Provide accurate, current, and complete information during registration and keep it updated
- Maintain the security and confidentiality of your account credentials, including passwords and API keys
- Accept responsibility for all activities that occur under your account
- Notify us immediately at [email protected] of any unauthorized use of your account
- Not share, transfer, or sell your account credentials to any third party
We reserve the right to suspend or terminate your account if any information provided is inaccurate, misleading, or incomplete, or if you violate any provision of these Terms.
4. Acceptable Use
You agree not to use the Services to:
- Violate any applicable local, state, national, or international law or regulation
- Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, or otherwise objectionable
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Interfere with or disrupt the integrity or performance of the Services or related systems
- Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services
- Use any automated means (bots, scrapers, crawlers) to access the Services without our written permission
- Upload or transmit viruses, malware, or any other malicious code
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of any proprietary software or AI models used in the Services
5. Payment Terms
Certain Services require payment of fees. By subscribing to or purchasing a paid Service, you agree to the following:
- Pricing: All fees are stated in U.S. dollars and are exclusive of applicable taxes unless otherwise noted. We reserve the right to change pricing with 30 days' written notice
- Payment Processing: Payments are processed securely through Stripe, Inc. By providing payment information, you authorize us to charge the applicable fees to your designated payment method. You agree to Stripe's Terms of Service
- Billing Cycles: Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your plan). One-time project fees are billed according to the terms specified in your proposal or service agreement
- Late Payments: Overdue invoices may accrue interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is less. We reserve the right to suspend Services for accounts with past-due balances exceeding 15 days
- Refunds: Custom development work, consulting hours, and completed deliverables are non-refundable. Subscription fees may be refunded on a prorated basis if you cancel within the first 14 days of your initial billing cycle. No refunds are issued after the 14-day period
- Disputes: If you believe a charge is incorrect, you must contact us within 30 days of the charge. Failure to dispute within this period constitutes acceptance of the charge
6. Intellectual Property
Company Property: All content, features, and functionality of the Services (including but not limited to text, graphics, logos, icons, images, audio clips, software, AI models, code libraries, frameworks, and design systems) are owned by Digital Footprint Solutions, Inc. or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Client Deliverables: Upon full payment of all development fees, and for so long as your hosting account remains current and in good standing, you own the custom design assets, content, and customer data created specifically for your project, as specified in your service agreement. We retain ownership of underlying code libraries, frameworks, templates, and proprietary tools used to create the deliverables.
Proprietary Technology: All DFS proprietary technology, including but not limited to AI voice systems, the "Sara" AI receptionist platform and its voice agent personas, chatbot frameworks, automation logic and workflows, CRM integrations, and related infrastructure, remains the exclusive intellectual property of Digital Footprint Solutions, Inc. You are granted a limited, non-exclusive, non-transferable, revocable license to use these systems solely during the term of active service. This license terminates automatically upon cancellation or suspension of services. You shall not reverse-engineer, decompile, replicate, or reconstruct any DFS proprietary systems, workflows, or AI agents.
Your Content: You retain ownership of any content, data, or materials you provide to us ("Your Content"). By providing Your Content, you grant us a non-exclusive, royalty-free license to use, reproduce, modify, and display Your Content solely for the purpose of providing the Services to you.
Portfolio Rights: Unless otherwise agreed in writing, we reserve the right to showcase work completed for you in our portfolio, case studies, and marketing materials.
7. AI Services and Third-Party Platforms
Certain Services involve artificial intelligence systems, including our AI voice receptionist (Sara) and AI-powered analytics. By using these Services, you acknowledge that:
- AI-generated outputs may not always be accurate, complete, or free of errors. You are responsible for reviewing and validating any AI-generated content before relying on it
- Our AI systems may utilize third-party platforms (including Google Gemini, OpenAI, and others) subject to their respective terms and privacy policies
- Voice interactions with Sara may be recorded, transcribed, and used to improve service quality, subject to our Privacy Policy
- We do not guarantee specific outcomes, conversion rates, or revenue increases from the use of AI-powered Services
8. Third-Party Services and Integrations
The Services may integrate with or link to third-party platforms and services, including but not limited to GoHighLevel, Google Workspace, Stripe, Twilio, and social media platforms. These integrations are subject to the terms and policies of their respective providers. We are not responsible for the availability, accuracy, or content of any third-party services, and your use of such services is at your own risk.
9. Confidentiality
Each party agrees to maintain the confidentiality of any proprietary or confidential information disclosed by the other party in connection with the Services. This includes but is not limited to business strategies, financial information, customer data, API keys, credentials, and technical specifications. This obligation survives termination of these Terms for a period of two (2) years.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- IN NO EVENT SHALL DIGITAL FOOTPRINT SOLUTIONS, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
- OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM
- WE SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM DOWNTIME, SERVICE INTERRUPTIONS, DATA LOSS, SECURITY BREACHES CAUSED BY THIRD PARTIES, OR FORCE MAJEURE EVENTS
11. Indemnification
You agree to indemnify, defend, and hold harmless Digital Footprint Solutions, Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Services or violation of these Terms
- Your Content or any material you provide through the Services
- Your violation of any applicable law, regulation, or third-party rights
- Any dispute between you and a third party arising from your use of the Services
12. Termination
By You: You may terminate your account and stop using the Services at any time by providing written notice to [email protected]. Termination does not entitle you to a refund of any prepaid fees unless otherwise specified in Section 5.
By Us: We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:
- Breach of these Terms
- Non-payment of fees after notice and a reasonable cure period
- Conduct that we determine, in our sole discretion, is harmful to other users, third parties, or the Company
- Extended inactivity (12 months or more with no login or service usage)
Effect of Termination: Upon termination, your right to access the Services ceases immediately, and your license to all DFS proprietary technology (including the Sara AI receptionist, CRM platform, automations, and workflows) terminates at the same time. We will provide an export of your custom design files and customer data (contacts, leads, and pipeline records) within fifteen (15) business days of termination. DFS proprietary systems, AI agents, and automation infrastructure are not included in any export. We may retain Your Content for a reasonable period to allow you to retrieve it upon request. Sections that by their nature should survive termination (including Intellectual Property, Limitation of Liability, Indemnification, and Governing Law) shall survive.
13. Data and Privacy
Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Services, you consent to the data practices described in the Privacy Policy.
14. Dispute Resolution
In the event of any dispute arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute through good-faith negotiation for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, either party may pursue binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Broward County, Florida.
Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to the personal jurisdiction of such courts.
16. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to natural disasters, acts of government, power failures, internet outages, cyber attacks, pandemics, or acts of terrorism.
17. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.
18. Entire Agreement
These Terms, together with our Privacy Policy and any service-specific agreements or proposals executed between you and the Company, constitute the entire agreement between you and Digital Footprint Solutions, Inc. regarding the use of the Services. These Terms supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and the Company regarding the Services.
19. Changes to These Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email or through a prominent notice on our Site. Your continued use of the Services after any changes to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
20. Contact Information
If you have questions about these Terms of Service, please contact us:
- Email: [email protected]
- Phone: +1 (954) 988-7009
- Address: 515 E Las Olas Blvd, Ste 100, Fort Lauderdale, FL 33301
