TERMS OF SERVICE

EFFECTIVE DATE: AUGUST 25, 2025

1. SERVICES

1.1 AI Marketing Services

47 Digital Marketing provides AI-powered marketing services including but not limited to: voice AI call handling, automated customer service, lead generation and nurturing, follow-up sequences, social media management, review management, database reactivation, and customer retention systems.

1.2 Website Design and Development Services

We offer professional website design, development, hosting setup, SEO optimization, mobile responsiveness, and AI integration services as specified in individual service agreements.

1.3 Support and Maintenance Services

We provide ongoing technical support, website maintenance, performance monitoring, security updates, analytics reporting, and strategic consulting as outlined in service packages.

2. USER ACCOUNTS

2.1 Account Creation

You may need to create an account to access certain features of our Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2 Account Security

You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.

2.3 Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.

3. COMMUNICATIONS CONSENT

3.1 Express Consent

By providing your contact information (including email address, phone number, mailing address, or other contact details) to 47 Digital Marketing, you expressly consent to receive communications from us. These communications may include, but are not limited to:

• Service-related communications and updates
• AI marketing system notifications and reports
• Marketing materials and promotional offers
• Newsletters and industry updates
• Appointment reminders and follow-up messages
• Surveys and feedback requests
• Administrative notices and account information

3.2 Communication Methods

You consent to receive communications from us through various channels, which may include:

• Email communications
• Text messages (SMS) or multimedia messages (MMS)
• Automated phone calls or voice messages
• Push notifications through our mobile applications
• Direct mail
• In-app messaging

3.3 Message and Data Rates

Important Notice: Message and data rates may apply for SMS communications. Consent is not required as a condition of purchase, but may limit our ability to provide certain services and updates.

3.4 Opting Out

You may opt out of certain types of communications by:

• Following the unsubscribe instructions in email communications
• Replying "STOP" to text message communications
• Updating your communication preferences in your account settings
• Contacting us directly at the contact information provided below

Please note that even if you opt out of marketing communications, we may still send you service-related or administrative communications.

4. SERVICE AGREEMENT & PAYMENT TERMS

4.1 Contract Initiation

Services begin upon signed agreement and receipt of initial payment. All pricing is as quoted in individual proposals and subject to the payment schedule agreed upon.

4.2 Payment Terms

• Monthly services are billed in advance
• Project-based services require deposit as specified in service agreements
• Payments are due within 15 days of invoice date
• Late payments may incur a 1.5% monthly service charge
• Services may be suspended for accounts over 30 days past due

4.3 Payment Processing

Payments made through our Services are processed by third-party payment processors. By making a payment, you agree to the terms and conditions of these payment processors.

4.4 Refund Policy

Setup fees and project deposits are non-refundable. Monthly services may be cancelled with 30 days written notice. Refunds for monthly services are prorated to the cancellation date.

5. CLIENT RESPONSIBILITIES

• Access: Provide necessary access to websites, social media accounts, and business systems
• Content: Supply accurate business information, content, and materials in a timely manner
• Compliance: Ensure all business activities comply with applicable laws and regulations
• Communication: Respond to requests for information within reasonable timeframes
• Account Security: Maintain security of login credentials and notify us of any unauthorized access

6. INTELLECTUAL PROPERTY

6.1 Our Intellectual Property

The Services and all content and materials included on the Services, including but not limited to AI systems, proprietary software, methodologies, text, graphics, logos, images, and software, are owned by or licensed to 47 Digital Marketing and are protected by copyright, trademark, and other intellectual property laws.

6.2 Client Content

Clients retain ownership of their business content, logos, and proprietary information. Clients grant us license to use this content for service delivery and promotional purposes.

6.3 Website Ownership

Upon full payment, clients own their website content and design. However, we retain rights to underlying code frameworks and may reuse general design concepts for other projects.

7. SERVICE PERFORMANCE & GUARANTEES

7.1 Performance Standards

We commit to professional service delivery and will make reasonable efforts to meet agreed-upon timelines and performance metrics. However, marketing results depend on many factors beyond our control.

7.2 No Guarantee of Results

While we implement proven strategies, we cannot guarantee specific marketing results, lead volumes, conversion rates, or revenue outcomes. Results vary based on market conditions, competition, and client-specific factors.

7.3 Service Availability

We strive for 99% uptime for AI services and websites. Scheduled maintenance will be announced in advance when possible. We are not liable for third-party service interruptions.

8. DISCLAIMERS

8.1 General Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 Information Accuracy

While we strive to provide accurate information, we do not warrant that service descriptions, performance metrics, or other content on the Services are accurate, complete, reliable, current, or error-free.

8.3 Third-Party Content

The Services may contain links to third-party websites or services that are not owned or controlled by 47 Digital Marketing. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 47 DIGITAL MARKETING AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
3. ANY CONTENT OBTAINED FROM THE SERVICES; AND
4. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless 47 Digital Marketing and its officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

11. TERMINATION

11.1 Termination by Client

Clients may terminate monthly services with 30 days written notice. Project-based work cannot be cancelled once begun, but may be suspended with payment for work completed.

11.2 Termination by 47 Digital Marketing

We may terminate services immediately for non-payment, breach of terms, or if the client's business activities become illegal or harmful to our reputation.

11.3 Post-Termination

Upon termination, we will provide reasonable transition assistance. Clients are responsible for downloading their data and content. We may delete client data 30 days after termination.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.

12.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall first be attempted to be resolved through good faith negotiations. If such negotiations fail, the dispute shall be submitted to mediation before a mutually agreed-upon mediator. If mediation is unsuccessful, either party may pursue legal action in the state and federal courts located in Massachusetts.

12.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND 47 DIGITAL MARKETING WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

13. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will provide notice through the Services or by other means. Your continued use of the Services after such notice constitutes your acceptance of the modified Terms.

14. MISCELLANEOUS

14.1 Entire Agreement

These Terms, together with any other agreements specifically referenced herein, constitute the entire agreement between you and 47 Digital Marketing regarding the Services.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent possible under the law.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.

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