Terms and Conditions

Effective Date: January 1, 2026 | Last Updated: January 1, 2026

1. Agreement to Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Zagg Digital (“Company,” “we,” “us,” or “our”) concerning your access to and use of:

• The Zagg Digital website (www.zaggdigital.com)
• Our digital marketing and consulting services
• Our SMS/text messaging program
• Any related mobile applications, tools, or services

By using our services, you represent that you are at least 18 years of age (or the age of legal majority in your jurisdiction) and have the legal capacity to enter into this agreement.

2. Services Overview

2.1 Digital Services

Zagg Digital provides digital marketing services, including but not limited to:

• Website audits and analysis
• SEO (Search Engine Optimization) services
• Digital marketing consulting
• Website design and development
• Content creation and strategy
• Social media management
• Email marketing campaigns
• SMS marketing services

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of services.

3. SMS/Text Messaging Program Terms

3.1 Program Description

By providing your mobile phone number and opting into our SMS program, you consent to receive text messages from Zagg Digital, including:

• Appointment confirmations and reminders
• Website audit results and reports
• Service updates and notifications
• Promotional offers and marketing messages
• Account alerts and important information
• Customer service and support communications

3.2 Consent and Authorization

By opting in to receive SMS messages, you:

• Expressly authorize Zagg Digital to send text messages to the mobile number provided
• Confirm that you are the authorized user of the mobile phone number provided
• Understand that consent is not a condition of purchase
• Acknowledge that your carrier’s normal messaging, data, and other rates may apply
• Agree to receive automated marketing text messages

3.3 Message Frequency

Message frequency varies based on your preferences, activity, and the services you use. You may receive:

• Recurring messages (weekly, monthly, or as needed)
• One-time messages (confirmations, audit results)
• Time-sensitive alerts (appointment reminders)

Frequency may increase during promotional periods or when you have scheduled appointments.

3.4 Message and Data Rates

Standard message and data rates may apply based on your mobile carrier’s plan. Zagg Digital is not responsible for any charges incurred from your mobile carrier. Contact your carrier for details on your specific plan and rates.

3.5 Supported Carriers

Our SMS program is supported by major U.S. carriers including AT&T, T-Mobile, Verizon, Sprint, and others. For a complete list of participating carriers, please contact us.

3.6 Opt-Out Instructions

You can opt-out of SMS messages at any time by:

• Texting “STOP”: Reply with STOP, CANCEL, UNSUBSCRIBE, QUIT, or END to any message
• Email: Contact us at support@zaggdigital.com
• Account Settings: Update your preferences in your online account
• Phone: Call us at 1-555-ZAGG-DIG (1-555-924-4344)

After opting out, you will receive one final confirmation message. You may continue to receive transactional messages related to your account or active services even after opting out of marketing messages.

3.7 Help and Support

For assistance with SMS messages:

• Text “HELP” to any message from us
• Email support@zaggdigital.com
• Call 1-555-ZAGG-DIG (1-555-924-4344)

3.8 Carrier Liability

Mobile carriers are not liable for delayed or undelivered messages. We are not responsible for issues arising from your carrier’s network, including but not limited to message delays, failures, or technical problems.

3.9 Device and Software Requirements

You are responsible for obtaining and maintaining compatible devices and software necessary to receive SMS messages. We do not guarantee compatibility with all devices or that messages will be available in all locations.

4. User Accounts

4.1 Account Creation

To access certain features, you may need to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Maintain the security and confidentiality of your password
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

4.2 Account Termination

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms
• Fraudulent or illegal activity
• Failure to pay for services
• Extended periods of inactivity
• Any reason at our sole discretion

5. Payments and Fees

5.1 Service Fees

Certain services require payment. By purchasing services, you agree to:

• Pay all applicable fees as described at the time of purchase
• Provide valid payment information
• Pay all applicable taxes
• Authorize us to charge your payment method

5.2 Billing

Payment is due upon receipt of invoice unless otherwise specified. We accept major credit cards, debit cards, and other payment methods as indicated on our website.

5.3 Subscription Services

For recurring subscription services:

• Your payment method will be charged automatically at the start of each billing cycle
• Subscriptions automatically renew unless cancelled
• You can cancel at any time through your account settings
• Cancellations take effect at the end of the current billing period
• No refunds for partial periods

5.4 Late Payments

Late or failed payments may result in:

• Service suspension or termination
• Late fees (as permitted by law)
• Collection activities
• Legal action

5.5 Refund Policy

Refunds are handled on a case-by-case basis. Generally:

• Service fees are non-refundable once work has commenced
• Unused portions of subscription services may be eligible for pro-rated refunds
• Refund requests must be submitted in writing within 30 days
• We reserve the right to deny refund requests

6. Intellectual Property Rights

6.1 Our Content

All content on our website and in our services, including but not limited to text, graphics, logos, images, software, and design elements, is the property of Zagg Digital or our licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our services for their intended purposes. You may not:

• Copy, modify, or distribute our content without permission
• Reverse engineer or decompile any software
• Remove copyright or proprietary notices
• Use our content for commercial purposes without authorization
• Create derivative works based on our services

6.3 User Content

You retain ownership of content you provide to us (e.g., website content, marketing materials). By providing content, you grant us a worldwide, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing our services.

6.4 Trademarks

Zagg Digital and our logo are trademarks of Zagg Digital. You may not use our trademarks without our prior written consent.

7. Acceptable Use Policy

7.1 Prohibited Activities

You agree not to:

• Use our services for any unlawful purpose
• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful code (viruses, malware, etc.)
• Attempt to gain unauthorized access to our systems
• Interfere with other users’ use of our services
• Impersonate any person or entity
• Collect user information without consent
• Send spam or unsolicited communications
• Engage in fraudulent activity
• Upload offensive, defamatory, or harmful content

7.2 Consequences of Violation

Violation of this Acceptable Use Policy may result in:

• Immediate termination of your account
• Legal action and prosecution
• Reporting to law enforcement authorities
• Liability for damages

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you also agree to our Privacy Policy.

9. Third-Party Services and Links

Our services may contain links to third-party websites, applications, or services. We are not responsible for:

• The content or practices of third-party sites
• Privacy policies of external websites
• Accuracy or reliability of third-party information
• Any damages arising from third-party services

Your interactions with third-party services are solely between you and the third party.

10. Disclaimers and Warranties

10.2 No Guarantee of Results

We do not guarantee specific results from our services, including but not limited to:

• Increased website traffic or sales
• Improved search engine rankings
• Specific ROI or revenue growth
• Achievement of marketing goals

10.3 Availability

We do not guarantee that our services will be:

• Available at all times or uninterrupted
• Error-free or free from viruses
• Accurate or complete
• Suitable for your particular needs

10.4 SMS Messaging

We do not guarantee:

• Delivery of all SMS messages
• Timeliness of message delivery
• Compatibility with all devices and carriers
• Availability in all geographic locations

11. Limitation of Liability

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Zagg Digital, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:

• Your use or misuse of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of applicable laws or regulations
• Content you provide to us
• Your negligence or willful misconduct

13. Dispute Resolution

13.1 Informal Resolution

Before filing any claim, you agree to contact us at legal@zaggdigital.com to attempt to resolve the dispute informally. We will work in good faith to resolve disputes within 30 days.

13.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA), except as modified by these Terms.

Arbitration provisions:

• Arbitration shall be conducted in [Your State/Location]
• The arbitrator’s decision shall be final and binding
• Each party shall bear their own costs and attorneys’ fees
• The arbitrator may award the prevailing party reasonable costs and fees

13.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, OR ANY REPRESENTATIVE PROCEEDING.

13.4 Exceptions to Arbitration

Either party may seek equitable relief in court for:

• Intellectual property infringement
• Violation of confidentiality obligations
• Small claims court matters (below jurisdictional limits)

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law provisions.

For matters not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in [Your County/City, State].

15. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the “Last Updated” date at the top of this page
• Notify you via email or SMS (if opted in)
• Post a notice on our website
• Require your acceptance for continued use (for material changes)

Your continued use of our services after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using our services.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Zagg Digital regarding your use of our services and supersede all prior agreements and understandings.

18. Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative of Zagg Digital.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction. Any attempted assignment in violation of this section shall be null and void.

20. Force Majeure

We shall not be liable for any failure to perform our obligations where such failure results from circumstances beyond our reasonable control, including but not limited to:

• Acts of God (natural disasters, epidemics, pandemics)
• War, terrorism, or civil unrest
• Government actions or regulations
• Labor disputes or strikes
• Telecommunications or internet failures
• Power outages or equipment failures

21. Survival

The following sections shall survive termination of these Terms:

• Intellectual Property Rights
• Disclaimers and Warranties
• Limitation of Liability
• Indemnification
• Dispute Resolution
• Governing Law and Jurisdiction

22. Contact Information

23. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICES.

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