Terms and Conditions

1. Terms of Use

1.1 Acceptance and Scope

These Terms of Use (the “Terms”) govern your access to and use of Digital Trace’s websites, products, and services (collectively, the “Services”). By using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1.2 Changes to the Terms

We may modify these Terms at any time. We will post the updated Terms on our Site and update the “Effective Date.” Your continued use after changes constitutes acceptance of the new Terms.

1.3 Definitions

• “Customer” means the entity or person that purchases or uses the Services.
• “Content” means any materials, data, text, images, or other content provided by you or Digital Trace in connection with the Services.
• “Services” means the digital marketing services, consulting, software, and related offerings provided by Digital Trace.

1.4 Services and Responsibilities

• Digital Trace will perform the Services described in a written Statement of Work or order form.
• You agree to provide accurate information, timely feedback, and access to necessary accounts and systems to enable the Services.
• You acknowledge that results and performance are dependent on numerous factors beyond Digital Trace’s control, including market conditions and third-party platforms’ policies.

1.5 Fees and Payment

• Fees for Services are set forth in the applicable order form or proposal.
• Payment terms are net 30 days unless otherwise stated.
• Late payments may incur interest and suspension or termination of Services.

1.6 Intellectual Property

• Digital Trace retains ownership of its pre-existing IP.
• You retain ownership of your Content. Digital Trace receives a non-exclusive, non-transferable license to use your Content solely to provide the Services.
• All deliverables created under the Services become your property upon full payment, subject to any third-party rights or licenses.

1.7 License and Access

• Digital Trace grants you a limited, revocable, non-exclusive license to use our Services for their intended purpose.
• You agree not to copy, reverse engineer, or create derivative works from our software or materials, except as permitted by law or with our written consent.

1.8 Prohibited Conduct

You agree not to:

• Engage in unlawful activities or violate applicable laws.
• Attempt to gain unauthorized access to our systems or user accounts.
• Use the Services to harass, threaten, or discriminate.
• Upload or transmit harmful, offensive, or illegal content.
• Copy, modify, or distribute our intellectual property outside authorized uses.

1.9 Warranties and Disclaimers

• The Services are provided “as is” and “as available.” Digital Trace makes no warranties about fitness for a particular purpose, accuracy, or uninterrupted service.
• Digital Trace does not guarantee specific marketing results or outcomes.

1.10 Limitation of Liability

To the extent permitted by law, Digital Trace’s total liability for any claim arising out of or in connection with the Services is limited to the amount paid for the Services during the twelve months prior to the claim. Digital Trace is not liable for indirect, incidental, special, or consequential damages, even if advised of the possibility of such damages.