Terms of Service

Introduction

Welcome to DigitalArchitect.com, Inc. ("DigitalArchitect.com," "we," "us," or "our"). By accessing or using our digital marketing platform, including turn-key websites, digital business cards, digital personal cards, and other digital marketing products (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

Definitions

• Organization: Includes companies, non-profits, clubs, groups, and any other collective entities.
• User: Anyone who accesses or uses our Services.
• Customer: An Organization or individual who subscribes to our Services.
• Contact: An individual whose information is captured and stored by our platform.

Accounts and Access

1. Account Creation:
   • User Accounts: Each User is responsible for managing their own account, including their profile and communication preferences.
   • Organization Accounts: The individual who creates an Organization account becomes the primary admin responsible for managing the Organization's connections to other Users, appointing other admins, and assigning permissions to other Users.
2. Permissions: Only Users with the necessary permissions can modify marketing products. The DigitalArchitect.com support team cannot change account permissions on a customer's behalf.
3. User Profiles: Users can manage their profiles, communication preferences, and see their own contact lists.

Services and Payments

1. Pre-Paid Services: All services are pre-paid. Customers can pre-pay by credit card or request invoices. Services will be deactivated if funds are depleted until payment is received.
2. Pricing: Refer to our pricing page. Prices may change, and the pricing at the time of purchase will be locked in for that transaction.

Data Collection and Use

1. Information Sharing: When a digital business card or marketing piece is shared, recipients can choose to share their profile or contact information with the sharer. This information is captured and stored for the customer’s access.
2. Marketing: By using our Services, customers consent to DigitalArchitect.com marketing our services to their uploaded contacts.
3. Data Ownership: Typically, Organizations own the data collected through their digital business cards. Individual users can maintain a copy of their collected data if they pay for their subscription after terminating their relationship with the Organization.

Communication and Marketing Preferences

1. Bulk Uploads: Customers can bulk upload contact lists. We will make three attempts to contact these individuals, inviting them to opt into receiving communications. After three attempts, further contact through our platform will be blocked unless they opt in later.
2. Preferences: Contacts can set marketing preferences and communication frequencies for each Organization.

Birthdays

Users provide their birthdates to receive automated marketing messages and promotions. Birthdates are not shared with Organizations.

Limitation of Liability

To the fullest extent permitted by law, DigitalArchitect.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.

Indemnification

You agree to defend, indemnify, and hold harmless DigitalArchitect.com, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any law, rule, or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your user content or any that is submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password, or other appropriate security code.

Arbitration

For any dispute you have with DigitalArchitect.com, you agree to first contact us at support@digitalarchitect.com and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute within 30 days, you and DigitalArchitect.com agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Tennessee, USA, unless you and DigitalArchitect.com agree otherwise. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Services.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Tennessee, USA, without regard to its conflict of law provisions.

Changes to These Terms

We may revise these Terms from time to time. The most current version will always be on our website. By continuing to use our Services after revisions become effective, you agree to be bound by the new Terms.

Contact Us

If you have any questions about these Terms, please contact us at support@digitalarchitect.com.