Terms and Conditions of Use
Last Updated: January 30, 2026
PURPOSE OF THIS AGREEMENT
Welcome to Digital Offer Agency (“Company,” “we,” “our,” or “us”). These Terms and Conditions of Use (“Terms”), together with our Privacy Policy, govern your access to and use of our website(s), services, products, and any related communications.
By accessing the website, submitting information, purchasing a service, signing an order form, or clicking “I Agree,” you confirm that you have read, understood, and agree to be bound by these Terms.
IMPORTANT: PLEASE CAREFULLY READ THESE TERMS BEFORE USING THIS WEBSITE OR PURCHASING SERVICES. THESE TERMS INCLUDE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND CONTAIN ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
1. WEBSITE USE
The website is intended for individuals and businesses operated by adults. By using our website, you represent that you are at least 18 years old (or the age of majority in your jurisdiction), have the legal capacity to enter into a contract, and are authorized to bind the business you represent.
SMS Messaging Terms & Compliance
1. Program Description: This messaging program sends appointment confirmation and reminder messages to customers who have booked an appointment with Digital Offer Agency through our website at DigitalOfferAgency.com, or via our scheduling forms, and have explicitly opted in to receive SMS notifications. Opt-in is collected via web forms with a dedicated checkbox for SMS consent. Messages include scheduling confirmations, appointment reminders, rescheduling updates, and customer support communications.
2. Cancellation Instructions: You can cancel the SMS service at any time. Simply text "STOP" to the same number that sent you messages. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
3. Support Information: If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or reach out directly to [email protected] or call +1 201-704-3410 during business hours.
4. Carrier Liability: Carriers are not liable for delayed or undelivered messages.
5. Message & Data Rates: Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies based on your service usage and appointment schedule. For questions about your text plan or data plan, contact your wireless provider.
6. Supported Carriers: Our SMS program works with all major U.S. wireless carriers, including AT&T, T-Mobile, Verizon, Sprint, and most regional carriers.
7. Age Restriction: You must be 18 years or older to participate in our SMS program.
8. Privacy Policy: For privacy-related inquiries, please refer to our Privacy Policy at digitalofferagency.com/privacy-policy
We comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines, regarding the use of SMS communications.
2. INTELLECTUAL PROPERTY; LICENSE; RESTRICTIONS
All content on this website—including text, graphics, logos, videos, templates, frameworks, and downloads—is owned by Digital Offer Agency or its licensors and protected by intellectual property laws.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the website for lawful business purposes. You may not copy, reproduce, republish, distribute, sell, sublicense, reverse engineer, or exploit any part of the website or our materials without our written permission.
You agree not to use the website or our services to:
engage in illegal, deceptive, fraudulent, or harmful activity;
transmit malware, spam, or unsolicited communications;
harass, threaten, defame, or violate rights of others;
upload or process sensitive data such as SSNs, payment card numbers, passwords, medical data, or other regulated information unless specifically permitted in writing by us;
infringe intellectual property rights or facilitate infringement.
3. PRIVACY POLICY
Your use of the website is also governed by our Privacy Policy. If you do not agree with our Privacy Policy, do not use the website.
4. ACCOUNTS, ACCESS, AND THIRD-PARTY PLATFORMS
To deliver services, we may require access to third-party systems such as CRMs, ad accounts, analytics tools, domain registrars, email platforms, and website/funnel builders.
You agree to provide accurate information and maintain secure access credentials. You are responsible for all activity that occurs under your accounts. We are not responsible for damages resulting from your failure to maintain credential security or from unauthorized access to your third-party accounts.
5. SERVICES; SCOPE OF WORK
We provide marketing and business services that may include, but are not limited to: strategy, offer development, funnel building, creative direction, ad management guidance, CRM automation, and advisory services.
All services are delivered according to the scope defined in:
an order form, proposal, invoice, service agreement, statement of work (“SOW”), or
a written agreement signed by both parties.
Any work outside the defined scope may require an additional agreement and fee.
6. ORDER PLACEMENT AND ACCEPTANCE
Orders are not binding until payment is received (unless otherwise agreed in writing). We may refuse, cancel, or limit any order at our discretion. Your receipt of an automated confirmation does not constitute acceptance if we identify issues requiring correction or additional information.
7. BILLING, PAYMENT, AND AUTO-RENEWAL
You agree to pay all fees associated with your purchase. If you enroll in a payment plan, subscription, retainer, or recurring service, you authorize us to charge your payment method automatically on the schedule provided at checkout or in your agreement.
If a payment fails, we may pause work, suspend access, or terminate services until payment is received. You are responsible for any collection costs, chargeback fees, and reasonable attorney’s fees incurred in recovering unpaid amounts.
All prices are listed in U.S. Dollars unless otherwise stated.
8. CANCELLATIONS AND TERMINATION
If your service includes recurring billing, you may cancel by emailing our support team with written notice.
Unless otherwise stated in your agreement:
cancellations require at least 3 business days’ notice before the next billing date;
fees already paid are non-refundable unless required by law or explicitly stated in writing;
cancellation stops future billing but does not eliminate any outstanding balance or completed work charges.
We reserve the right to terminate or suspend services immediately if you violate these Terms, fail to pay, engage in abusive behavior, or use our work for unlawful purposes.
9. REFUND POLICY
Refund eligibility depends on the product or service purchased and may be governed by an order form, SOW, or separate written policy.
Unless otherwise stated in writing:
digital deliverables, strategy work, production work, creative work, implementation work, and advisory time are non-refundable once work begins;
if a refund is approved in writing, it may take up to 14 business days to process.
If you believe you were charged in error, contact support promptly.
10. NO GUARANTEE; EARNINGS DISCLAIMER
We do not promise or guarantee any specific outcomes, including revenue, profit, leads, conversions, or ad performance. Results vary based on numerous factors outside our control (market conditions, product, pricing, offer, sales process, fulfillment capacity, competition, spend levels, and execution).
You agree that you are responsible for your business decisions and results. We do not provide legal, tax, accounting, or financial advice.
11. DISCLAIMERS OF WARRANTIES
THE WEBSITE AND ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that:
the website or systems will be uninterrupted or error-free;
third-party platforms will function or remain compatible;
any particular performance or result will occur.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITAL OFFER AGENCY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES.
OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $2,000, WHICHEVER IS GREATER.
13. CLIENT RESPONSIBILITIES; COMPLIANCE
You are responsible for:
the legality of your business and offer;
accuracy of your claims and compliance in advertising and marketing;
collecting and honoring consumer consent for email/SMS;
compliance with applicable laws including TCPA, CAN-SPAM, privacy laws, and platform terms.
You agree to indemnify and hold us harmless for claims resulting from your business practices, offers, fulfillment, or non-compliance.
14. TESTIMONIALS AND PUBLICITY
If you provide testimonials, reviews, images, or recordings to us, you grant us permission to use them for marketing, unless you revoke permission in writing. Testimonials represent individual experiences and do not guarantee results.
15. THIRD-PARTY LINKS AND SERVICES
We may link to or integrate with third-party services. We are not responsible for third-party content, features, availability, security, or performance.
16. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
PLEASE READ CAREFULLY.
You and Digital Offer Agency agree to attempt to resolve disputes informally first by contacting support.
If not resolved, any dispute, claim, or controversy arising out of or relating to these Terms or our relationship shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (AAA) under its rules.
Arbitration will take place in Clark County, Nevada, unless the parties agree otherwise.
Each party bears its own attorney’s fees unless the arbitrator awards fees under applicable law.
You waive the right to a jury trial and the right to participate in a class action. Claims may only be brought in an individual capacity.
If the class-action waiver is found unenforceable, this arbitration section may be deemed void.
17. EQUITABLE RELIEF
Nothing in these Terms prevents us from seeking injunctive or equitable relief in court to protect intellectual property, confidential information, or prevent fraud or unlawful behavior.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Digital Offer Agency, its owners, team members, contractors, affiliates, and partners from any claims, damages, liabilities, losses, and expenses (including reasonable attorney’s fees) arising from:
your misuse of the website/services;
your business operations, offers, claims, fulfillment, or compliance failures;
your violation of these Terms;
your violation of any law or third-party rights.
19. TERMINATION
These Terms remain in effect while you use the website or services. Sections relating to intellectual property, disclaimers, limitation of liability, arbitration, indemnification, and payment obligations survive termination.
20. GOVERNING LAW
These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-law rules. For matters not subject to arbitration, venue shall be in Clark County, Nevada.
21. CHANGES TO THESE TERMS
We may update these Terms at any time by posting a revised version on our website. Your continued use after changes means you accept the updated Terms.
22. CONTACT US
Questions about these Terms can be directed to:
Support: [email protected]