DigitalVibeAI Terms and Conditions
Effective Date: March 5, 2025
Contact Information: Email:  contactus@digitalvibeai.com | Website: digitalvibeai.com

These Terms and Conditions (“Terms”) govern your access to and use of the services provided by DigitalVibeAI (“Company”, “we”, “us”, or “our”), including but not limited to our digital marketing services, website creation, ad management, SEO, content creation, social media management, and related offerings (collectively, the “Services”). By purchasing any of our offerings or accessing our Services, you agree to be bound by these Terms and all applicable state, federal, and U.S. laws. If you do not agree with these Terms, please refrain from purchasing or using our Services.

1. Scope of Services

1.1 Service Descriptions

Our Services encompass a wide array of digital marketing and technology solutions designed to meet diverse business needs. The scope of our offerings includes, but is not limited to, the following:

• Website Creation and Optimization:
• We design and develop professional websites tailored to your business needs. These websites are optimized for performance, security, and user experience. In many of our offerings, a professionally designed website—valued at over $1,200—is provided free for an introductory period.
• Ad Management Services:
• We offer comprehensive ad management through our Facebook Ads Pro and Google Ads Pro services. These services include the creation of custom graphic creatives, multi‑channel ad deployment, pixel installation and configuration, precise audience targeting, and ongoing performance enhancements. Our management services cover ad spend accounts up to $2,500, unless otherwise specified for higher-tier solutions. Please note that while we manage your advertising campaigns, the actual funds for ad spend must be provided by you.
• SEO, Content Creation, and Social Media Management:
• Our SEO services include on‑page optimization, targeted keyword strategies, and monthly progress reporting.
• Our content creation services feature the development of blog articles (typically 500 words) enhanced with SEO keyword boosts, AI‑assisted topic research via GPT‑4, curated stock images, and professional human review.
• Social media management services include scheduled posting, creative design using licensed image creatives, and the integration of trending hashtags to improve engagement.
• Additional Digital Marketing Solutions:
• We also provide services such as audience targeting, weekly performance enhancements, comprehensive reporting, and the design and production of ad creatives.
• Our offerings are supported by state-of-the-art AI technologies and digital tools that optimize and manage your digital campaigns efficiently.
• Customer Care and AI Integration:
• To expedite customer care and ensure seamless service delivery, we utilize advanced AI technology in our phone system. This AI-driven system helps route calls efficiently, answers frequently asked questions, and expedites the resolution of customer issues, thereby enhancing the overall customer experience.

1.2 Website Ownership, Hosting, and Invoicing

• Website Ownership:
• The website developed for you is a non-transferable asset and remains the intellectual property of DigitalVibeAI. It is hosted on our secure servers to ensure optimal performance and maintenance.
• Domain Management:
• You are responsible for purchasing and maintaining any domain names required for your website, unless other arrangements are made in writing.
• Hosting Services:
• Hosting is included as part of our comprehensive offerings. For customers opting for a “website only” package, hosting is provided free for the first month, after which an invoice for ongoing monthly hosting fees will be issued.
• Failure to pay the monthly hosting fees will result in your website becoming inaccessible until the outstanding fees are remitted.

2. Customer Responsibilities

2.1 Provision of Accurate Information

• You agree to provide accurate, complete, and timely information during the signup and onboarding process. This includes filling out any questionnaires or forms necessary for us to tailor and deliver the Services effectively.

2.2 Domain, Ad Spend, and Payment Obligations

• Domain Purchases:
• You are solely responsible for purchasing and renewing any domain names essential for your website.
• Ad Spend Management:
• Although our services include the management of ad spend for budgets up to $2,500 (or as specified for higher-tier offerings), you are responsible for providing the actual funds for your advertising campaigns.
• Payment Obligations:
• You must ensure that all payments for hosting, setup, monthly services, and ad management are made on time as specified in the purchase agreement.

2.3 Onboarding and Implementation Process

• After purchasing our Services, you will receive a confirmation email along with a link to preview your new website. An onboarding questionnaire will also be sent to gather further necessary details.
• It is imperative that you complete the onboarding questionnaire promptly to avoid delays. Please note that after submission, it may take between 3 to 5 days for services such as ad campaigns, social media posts, backlinks, and other digital marketing elements to be fully implemented.

3. Performance and Disclaimers

3.1 No Guarantee of Business Outcomes

• While DigitalVibeAI commits to performing all the tasks outlined in your selected offering, we do not guarantee any specific business outcomes, revenue increases, or improvements in online performance. The effectiveness of digital marketing campaigns is influenced by various external factors beyond our control.

3.2 Use of AI and Technology

• Our Services rely heavily on AI technologies and digital tools to optimize campaign management and enhance service delivery. While we strive for the highest standards of accuracy and efficiency, the inherent nature of these technologies means that occasional errors or unforeseen issues may occur.
• Our AI-integrated phone system is designed to expedite customer service by efficiently routing calls and addressing common inquiries. However, this system is part of our overall service delivery and is subject to the limitations of current AI technology.

3.3 Service Limitations

• The Services provided are intended for digital marketing support and website creation only. We are not responsible for third-party actions, such as changes in search engine algorithms or social media platform policies, that may impact your online performance.
• All Services are provided on an “as is” and “as available” basis without any express or implied warranties.

4. Intellectual Property

4.1 Ownership Rights

• All materials, designs, content, and other intellectual property created by DigitalVibeAI as part of our Services remain our sole property. The website and any deliverables provided are non-transferable.
• You are granted a limited, non-exclusive license to use the final website and related materials strictly for your business operations.

4.2 Usage Restrictions

• You agree not to reproduce, modify, distribute, or create derivative works based on any materials provided by DigitalVibeAI without obtaining our prior written consent.

5. Payment and Refunds

5.1 Fee Structure

• All fees for our Services, including setup, monthly service fees, hosting, and ad management, will be clearly itemized at the time of purchase. These fees are non-refundable unless explicitly stated otherwise.

5.2 Responsibility for Ad Spend

• Funds allocated for ad spend are separate from the service fees and remain your responsibility. You authorize DigitalVibeAI to manage ad spend accounts up to $2,500, or as otherwise specified, on your behalf.

5.3 Refund Policy

• Refunds, where applicable, will be processed in accordance with our refund policy. Given the customized nature of our digital services, refunds are generally limited to situations where the Services are not delivered as outlined in the purchased offering.

6. Limitation of Liability and Indemnification

6.1 Limitation of Liability

• To the maximum extent permitted by applicable law, DigitalVibeAI shall not be liable for any indirect, incidental, consequential, or punitive damages, or for any loss of profits or revenue arising out of or in connection with the use of our Services.
• Our total liability, regardless of the legal theory under which a claim is brought, shall not exceed the total amount paid by you for the Services in question.

6.2 Indemnification

• You agree to indemnify, defend, and hold harmless DigitalVibeAI, its affiliates, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:
• Your use of our Services,
• Your breach of these Terms,
• Your violation of any applicable law or regulation.

7. Governing Law and Dispute Resolution

7.1 Applicable Law

• These Terms shall be governed by and construed in accordance with the laws of the State of Florida, the State of Wyoming, and all applicable U.S. federal laws. In the event of any conflict, the provisions that provide the greatest protection to DigitalVibeAI shall apply.

7.2 Dispute Resolution

• Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

8. Modifications to Terms

• DigitalVibeAI reserves the right to modify or update these Terms at any time. We will notify you of any changes via email or through our website. Your continued use of our Services after any modifications constitutes your acceptance of the updated Terms.

9. Miscellaneous

9.1 Severability

• If any provision of these Terms is deemed unenforceable or invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

9.2 Entire Agreement

• These Terms constitute the entire agreement between you and DigitalVibeAI with respect to the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written.

9.3 Contact Information

• For any questions or concerns regarding these Terms or our Services, please contact us at contactus@digitalvibeai.com or visit our website at digitalvibeai.com.