Digitalwiz legal terms

Terms of Service

Effective date: June 19, 2026
Last updated: June 19, 2026
Last reviewed: June 19, 2026
Next review due: December 19, 2026

These Terms of Service ("Terms") are a binding agreement between Digitalwiz, LLC ("Digitalwiz," "we," "us," or "our") and the person or business that uses, purchases, or accesses our services ("you," "Client," or "your"). By using digitalwiz.io, submitting a form, booking a call, approving a proposal, signing an agreement, paying an invoice, checking an agreement box, or using any Digitalwiz service, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy.

These Terms include limitations of liability, payment obligations, no-refund language, and a binding arbitration agreement with a class action waiver. Please read them carefully.

1. Definitions

• Client Content means text, photos, videos, logos, brand assets, business information, reviews, offers, customer lists, lead information, and other materials you provide to us.
• Deliverables means websites, pages, copy, designs, campaigns, automations, reports, dashboards, ads, SEO assets, or other work product we create for you.
• Services means websites, search visibility, SEO, paid ads management, contractor lead systems, SMS follow-up, missed-call text-back, review funnels, automations, content, consulting, and related marketing services.
• Subscription means any recurring service plan, monthly management plan, or monthly software/marketing system offered by Digitalwiz.
• Third-Party Platforms means services we may configure or use for your project, including hosting, domains, email, Google, Meta, Web3Forms, analytics tools, SMS/phone providers, review platforms, and other vendors.

2. Eligibility and Authority

You must be at least 18 years old and legally able to enter a binding agreement. If you act on behalf of a business, you represent that you have authority to bind that business to these Terms.

3. Services

Digitalwiz provides marketing systems for contractors, construction companies, home service businesses, and local businesses. The exact services, features, timelines, pricing, and deliverables depend on your proposal, checkout, invoice, written scope, or subscription plan.

We may improve, modify, add, or remove service features over time. We will not materially reduce the core deliverables of a paid active subscription without notice.

4. Plans, Pricing, and Scope

Pricing shown on digitalwiz.io is informational and may change. A final proposal, invoice, checkout page, or written order controls your specific price and scope.

• Contractor Lead System: currently advertised at $297/month for a functional contractor website, automated lead follow-up, missed-call text-back, review funnel, one-click marketing campaigns, and on-site SEO basics.
• Custom websites: custom website builds may include strategy, design, development, copy, service pages, location pages, contact forms, analytics setup, launch support, and SEO foundations as stated in the approved scope.
• Search visibility / SEO: monthly SEO services may include technical improvements, on-page optimization, content, local search work, AI search/GEO work, reporting, and consulting as stated in the approved scope.
• Paid ads: ad management may include setup, campaign structure, tracking assistance, optimization, and reporting. Ad spend is separate unless expressly stated otherwise.

5. Billing, Auto-Renewal, and Payment

• Subscription fees are billed in advance for the upcoming service period.
• Subscriptions renew automatically until canceled according to these Terms or the applicable written agreement.
• Project builds may require a deposit, milestone payment, or full advance payment before work begins.
• You authorize Digitalwiz and our payment processors to charge your payment method for all amounts due, including subscription fees, project fees, setup fees, usage charges, taxes, and late amounts.
• Fees are exclusive of taxes unless stated otherwise. You are responsible for applicable sales, use, value-added, or similar taxes, except taxes on our income.

6. Usage-Based and Third-Party Costs

Some services may require third-party usage costs, including phone numbers, SMS/MMS, voice calls, email sending, paid ads spend, hosting, domains, plugins, stock assets, premium software, or other vendor fees. Unless a written scope says those costs are included, they are separate from our service fee and may be billed directly by the vendor or passed through by Digitalwiz.

SMS, voice, and messaging costs may vary by carrier, volume, provider, and compliance requirements. You are responsible for monitoring usage and paying disclosed or approved usage charges.

7. No Refund Policy

Payments to Digitalwiz are final and non-refundable unless we expressly agree otherwise in writing. This includes setup fees, deposits, project payments, subscription fees, prepaid commitments, usage charges, and fees for work that has already begun.

Our work often begins immediately after payment through strategy, onboarding, research, account setup, design, copywriting, development, automation configuration, or platform setup. Because that work is custom and time-based, cancellation does not create a right to a refund.

8. No Chargebacks

You agree not to initiate a chargeback or payment dispute for services rendered, work started, active subscriptions, approved invoices, or delivered work. A chargeback is a material breach of these Terms. If you file a chargeback, we may submit evidence of acceptance, communication, usage, delivery, onboarding, project activity, and payment authorization to the payment processor or card issuer.

We may suspend services, pause work, terminate access, and pursue recovery of the disputed amount plus reasonable collection, administrative, processor, and legal costs.

9. Service Delivery

Services are considered delivered when the applicable deliverable is made available, launched, sent for review, configured, published, or otherwise completed according to the approved scope. Login assistance, training, onboarding calls, or additional walkthroughs may be provided, but they are not required for fulfillment unless the written scope says otherwise.

Contractor Lead System builds are generally targeted for launch within 7 to 10 business days after we receive the required onboarding information, content, access, and approvals. Timelines may change if you delay content, approvals, access, payment, or feedback.

10. Client Responsibilities

You are responsible for:

• Providing accurate business information, project details, content, credentials, approvals, and feedback.
• Ensuring you have the right to use any content, images, logos, customer lists, lead lists, testimonials, claims, or brand assets you provide.
• Reviewing work for factual accuracy, legal compliance, industry-specific requirements, licenses, pricing, offers, warranties, and claims before publication.
• Maintaining access to your domain, hosting, Google Business Profile, ad accounts, analytics, email, phone numbers, and other business accounts unless we are expressly managing them for you.
• Complying with laws that apply to your industry, marketing, communications, advertising, privacy practices, and customer relationships.

11. Domains, Websites, and Ownership

• You own your domain from day one when the domain is registered in your name or transferred to your account.
• You retain ownership of Client Content that you provide to us.
• For the $297/month Contractor Lead System, the website is hosted and maintained as part of the subscription. After three paid months, you may request a reasonable transfer/export of the client-facing website assets we created for your business, excluding our proprietary systems, reusable templates, internal tools, automations, processes, and third-party platform configurations.
• If you cancel before completing three paid months, we are not obligated to transfer the website build, source files, templates, automations, or platform configuration.
• For custom website projects, ownership or license rights transfer according to the written proposal, invoice, or agreement. Unless stated otherwise, final client-specific deliverables transfer after full payment.

12. Our Intellectual Property

Digitalwiz retains ownership of our pre-existing intellectual property, frameworks, processes, templates, code libraries, internal tools, workflows, automations, strategy methods, know-how, and reusable systems. We may reuse general ideas, techniques, layouts, code patterns, and non-confidential learnings across projects.

13. Portfolio Rights

Unless we agree otherwise in writing, you grant Digitalwiz permission to display your business name, logo, project screenshots, public website pages, before/after examples, performance summaries, and general project description in our portfolio, proposals, social content, case studies, and marketing materials.

14. Acceptable Use

You may not use our Services to:

• Send spam, unlawful messages, harassing messages, deceptive marketing, or communications without required consent.
• Violate TCPA, CAN-SPAM, A2P 10DLC, platform policies, privacy laws, ad policies, carrier rules, or industry regulations.
• Upload malware, infringing content, false claims, stolen customer lists, or content you do not have permission to use.
• Promote illegal activity or regulated goods/services in a way that violates law or platform policy.
• Reverse engineer, copy, resell, sublicense, or compete with our systems, templates, automations, or service structure without written permission.
• Interfere with security, rate limits, platform restrictions, or service operations.

15. SMS, Email, and Communications Compliance

If your service includes SMS, email, voice, missed-call text-back, review requests, marketing campaigns, or customer follow-up, you are responsible for your own communications to customers and prospects. You are the sender of your business communications, even when Digitalwiz configures the system.

You are responsible for:

• Obtaining and maintaining valid consent before sending messages that require consent.
• Maintaining proof of consent and producing it when needed.
• Honoring STOP, UNSUBSCRIBE, HELP, do-not-call, and other opt-out requirements.
• Using accurate sender identity, business information, disclosures, and opt-out instructions.
• Complying with TCPA, CAN-SPAM, A2P 10DLC, carrier rules, state privacy laws, and other applicable laws.

16. Ads, SEO, AI Search, and Results Disclaimer

We do not guarantee specific rankings, leads, revenue, sales, ad performance, search visibility, AI-search mentions, review volume, conversion rates, or business outcomes. Marketing results depend on competition, budget, market demand, location, seasonality, client cooperation, platform changes, reputation, offer quality, response time, and other factors outside our control.

Paid ad spend is paid to the platform and is not a Digitalwiz fee unless expressly stated. Platforms such as Google, Meta, hosting providers, domain registrars, and messaging carriers may change policies, prices, availability, approvals, and performance at any time.

17. Payment Failures and Suspension

If payment fails or an invoice becomes overdue, we may retry payment, pause work, suspend hosting, disable automations, pause campaigns, withhold deliverables, remove access, or terminate the relationship. Suspension does not relieve you from the obligation to pay amounts due.

18. Cancellation

You may cancel a month-to-month subscription by contacting us before the next billing period. Cancellation becomes effective at the end of the current paid billing cycle unless we agree otherwise in writing. Early cancellation does not entitle you to a refund for prepaid amounts, unused days, setup work, or work already performed.

Fixed-term commitments, prepaid plans, or project agreements may have separate cancellation terms in the written scope or agreement.

19. Termination

We may suspend or terminate Services if you fail to pay, breach these Terms, create legal or reputational risk, misuse the Services, fail to provide required access or approvals, or if a Third-Party Platform prevents continued service. After termination, your right to access subscription features, hosted systems, automations, and managed services ends.

We may retain Client Content for a limited period after termination to support export, recordkeeping, compliance, or dispute resolution. You are responsible for exporting data you need before termination where export access is available.

20. Privacy and Data

Our handling of personal information is described in our Privacy Policy. If you upload customer, homeowner, prospect, employee, or lead data into tools we configure, you represent that you have the legal right and required consents to collect, upload, store, and process that information.

21. Confidentiality

Each party agrees to use reasonable care to protect non-public confidential information shared by the other party. Confidential information does not include information that is public, independently developed, lawfully obtained elsewhere, or already known without a duty of confidentiality.

22. Indemnification

You agree to defend, indemnify, and hold harmless Digitalwiz, LLC and its owners, employees, contractors, vendors, and agents from claims, damages, liabilities, losses, fines, penalties, costs, and expenses arising from your Client Content, business claims, customer communications, data processing, industry compliance, use of the Services, breach of these Terms, payment disputes, or violation of any law or third-party right.

23. Limitation of Liability

To the maximum extent permitted by law, Digitalwiz will not be liable for indirect, incidental, consequential, special, exemplary, punitive, or lost-profit damages, including lost revenue, lost data, lost business, business interruption, ad account issues, ranking changes, platform outages, or third-party failures.

Our total cumulative liability for any claim related to the Services will not exceed the greater of (a) the amount you paid to Digitalwiz for the specific service giving rise to the claim during the three months before the event, or (b) $100.

24. Force Majeure and Third-Party Platforms

We are not liable for delay or failure caused by events beyond our reasonable control, including platform outages, carrier issues, hosting failures, domain registrar issues, API changes, natural disasters, labor disruptions, payment processor issues, internet failures, governmental actions, or changes by Google, Meta, Vercel, Web3Forms, messaging providers, search engines, AI platforms, or other third parties.

25. Dispute Resolution; Arbitration; Class Action Waiver

Before starting a formal dispute, you agree to email info@digitalwiz.io with a written description of the issue and give both parties 30 days to try to resolve it informally.

Any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration under the rules of the American Arbitration Association, unless a claim qualifies for small claims court or seeks injunctive relief for intellectual property or unauthorized use. Arbitration will take place in North Carolina or remotely if the parties agree.

You and Digitalwiz agree that each party may bring claims only in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated, private attorney general, or representative action.

26. Governing Law

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law rules. Any non-arbitrable action must be brought in state or federal courts located in North Carolina, and the parties consent to jurisdiction there.

27. Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted on digitalwiz.io with a revised date. Your continued use of the Services after updated Terms are posted means you accept the updated Terms.

28. Miscellaneous

These Terms, together with any proposal, invoice, checkout, order form, agreement, and policies referenced here, form the agreement between you and Digitalwiz for the applicable Services. If a signed written agreement conflicts with these Terms, the signed agreement controls for that specific conflict. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver.

29. Consent and Agreement

By using, purchasing, approving, or accessing our Services, you confirm that:

• You have read, understood, and agree to these Terms.
• You accept the no-refund policy.
• You agree not to initiate chargebacks for services rendered or work started.
• You understand that Digitalwiz does not guarantee specific marketing results.
• You agree to binding individual arbitration and the class action waiver described above.

30. Contact

Digitalwiz, LLC
Charlotte, North Carolina
Email: info@digitalwiz.io
Phone: (980) 372-6510
Web: digitalwiz.io