Terms of Service - DigitizeeCloud

1. Acceptance of Terms

By accessing our website, requesting a quote, accepting a proposal, or otherwise engaging DigitizeeCloud, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you should not use our website or engage our Services.

You must be at least 18 years old and authorized to enter into agreements on behalf of your business to engage our Services.

2. Description of Services

DigitizeeCloud provides custom, project-based professional services for businesses. Depending on the scope agreed with each client, our Services may include:

Custom AI automations and business process automation
AI integration and workforce enablement
API tools and system integrations
Cloud, VPS, and dedicated server setup and management
SMTP and transactional email setup and deliverability configuration
Web and app development, design, and IT consulting
Employee outsourcing and back-office support

The specific deliverables, scope, timeline, and price for any engagement are defined in a written quote, proposal, or statement of work agreed with the client before work begins. Those documents, together with these Terms, govern the engagement and take precedence where they conflict with this page.

3. Client Information and Cooperation

To deliver our Services, we rely on information, materials, and access that you provide. You agree to:

Provide truthful, accurate, and current information relevant to your project
Provide timely access to systems, accounts, and materials needed to perform the work
Keep any credentials we issue (for example, to a portal or shared tool) secure and confidential
Ensure you have the rights and authorization to grant us the access you provide
Respond to requests for feedback or approvals needed to keep the project on schedule

Delays caused by missing information, access, or approvals may affect timelines and costs.

4. Quotes, Fees, and Payment Terms

Our Services are quoted and billed per engagement. By accepting a quote or invoice, you agree to the following:

Quotes and Scope: Pricing is based on the scope, timeline, and requirements confirmed in your quote or proposal. Changes to scope may change the price and timeline.
Project Fees: Projects may be billed as a fixed fee, in milestones, or, for ongoing managed services, on a recurring basis billed in advance for each service period.
Deposits: Work generally begins after acceptance of the quote and payment of any required deposit.
Currency: All prices and payments are in US Dollars (USD) unless otherwise agreed in writing.
Payment Processing: Payments are processed securely through our authorized third-party payment processor. We do not store your full card details.
Price Changes: We may change standard pricing for new quotes or future service periods. Recurring-service price changes will be communicated with at least 30 days' notice.
Taxes: You are responsible for any applicable taxes, which may be added to your invoice.

5. Cancellation and Refunds

You may request to cancel a project or a recurring managed service at any time by contacting us in writing. Fees for work already performed are non-refundable, and unearned amounts are handled as described in our Refund Policy. For full details on eligibility, deposits, third-party costs, and how refunds are processed, please refer to our Refund Policy.

6. Acceptable Use

You agree to use our website and Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

Violate any applicable laws, regulations, or third-party rights
Engage us to build or operate anything used for unlawful, deceptive, or harmful purposes
Use any delivered work or configured infrastructure to send spam, phishing, or malicious content
Attempt to gain unauthorized access to our systems or other parties' accounts
Misrepresent your identity, authority, or the purpose of the work

Violation of this section may result in immediate suspension or termination of the engagement.

7. Intellectual Property Rights

Our pre-existing materials, tools, methods, templates, and trademarks remain the property of Digitize Agency LLC. Upon full payment for an engagement, ownership of the final custom deliverables created specifically for you transfers to you, except for any third-party or open-source components and our pre-existing materials, which are provided under their respective licenses.

You retain all rights to the data and content you provide to us. You grant us a limited license to use that material solely to perform the Services.

8. Data Ownership and Privacy

You retain ownership of all data you provide to us. We will not sell, share, or use your data for purposes other than providing our Services, except as described in our Privacy Policy.

We implement reasonable, industry-standard security measures to protect data in our care. However, no system is completely secure, and you acknowledge that you provide data at your own risk.

For details about how we collect, use, and protect data, please review our Privacy Policy.

9. Email Communications and Consent

By engaging our Services or contacting us, you agree to the following regarding email communications:

Transactional Emails: You consent to receive emails necessary for your engagement, including quotes, invoices, receipts, project updates, and service notifications.
Service Updates: You consent to receive communications related to your project or managed services, including scheduling, maintenance notices, and policy changes that may affect your engagement.
Customer Support: You consent to receive replies to your inquiries and follow-up communications related to your requests.
Marketing Communications: With your explicit opt-in consent, you may receive occasional updates about our services. You may unsubscribe from marketing emails at any time.

All marketing emails include a clear unsubscribe option. You may manage your preferences or contact us at support@digitizeecloud.com. For more details, please see our Email Communication Policy.

10. Service Delivery and Support

We perform Services with reasonable skill and care and aim to meet the timelines agreed in your proposal. Timelines are estimates and may be affected by scope changes, third-party services, or delays in client information or approvals.

For managed services, we target high availability and will state any specific uptime target in your service agreement. We provide support via email and, where applicable, an agreed support channel during our business hours.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITIZE AGENCY LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE ENGAGEMENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.

12. Disclaimers and Warranties

EXCEPT AS EXPRESSLY STATED IN A WRITTEN AGREEMENT, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that results will be error-free or uninterrupted, or that third-party services we configure on your behalf will perform without fault.

13. Indemnification

You agree to indemnify, defend, and hold harmless Digitize Agency LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising out of:

Your use of our Services or any delivered work
Your violation of these Terms
Your violation of any third-party rights
The data or content you provide to us

14. Termination

We reserve the right to suspend or terminate an engagement, with reasonable notice where practical, for reasons including but not limited to:

Violation of these Terms
Fraudulent or illegal activity
Non-payment of fees due
Abuse of our Services or team

Upon termination, fees for work performed up to the termination date remain payable, and we will hand over completed, paid deliverables in accordance with the engagement.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of New Mexico, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our website or Services after changes become effective constitutes acceptance of the updated Terms.

17. Contact Information

If you have questions about these Terms, please contact us:

Email: support@digitizeecloud.com

Phone: +1 (505) 461-8384

Company: Digitize Agency LLC

Address: 1209 Mountain Road Pl NE, Suite R, Albuquerque, NM 87110, United States