Welcome to Digital Storytellers. These Terms of Service (“Terms”) govern your access to and use of the website located at digitalstorytellers.co (the “Site”) and the marketing, design, development, and related services we provide (collectively, the “Services”).
The Site and Services are operated by [Legal Business Name, e.g. Digital Storytellers LLC] (“Digital Storytellers,” “we,” “us,” or “our”). By accessing the Site, subscribing to a plan, or submitting a project request, you (“you,” “your,” or “Client”) agree to be bound by these Terms. If you do not agree, please do not use the Site or Services.
1. Our Services
Digital Storytellers operates as a fractional, subscription-based creative team. Depending on your plan, Services may include digital marketing strategy and consulting, website development and e-commerce solutions, search engine optimization (SEO), social media management, branding, graphic design, and copywriting.
We describe our Services on the Site and in the plan or proposal you subscribe to. Specific deliverables, turnaround targets, and scope are defined by your chosen plan. We reserve the right to modify, improve, or discontinue any part of the Services at any time.
2. Subscriptions, Plans, and Requests
Our Services are typically provided through a recurring monthly subscription for one flat fee. Unless your plan states otherwise:
- You may submit project requests through the tools and dashboards we provide.
- We work through requests in the order and manner described by your plan.
- Turnaround times shared on the Site or in your plan (for example, an average of two business days) are good-faith targets, not guarantees. Timelines depend on request complexity, queue volume, and how quickly you provide feedback and materials.
- You may pause, upgrade, downgrade, or cancel your subscription in accordance with your plan and Section 9.
3. Payment and Billing
By subscribing, you authorize us (and our payment processor) to charge your payment method the recurring fee for your plan.
- Subscription fees are billed in advance on a recurring basis and are non-refundable except as required by law or as expressly stated in these Terms.
- Fees are charged automatically each billing cycle until you cancel.
- If a payment fails, we may suspend Services until payment is resolved.
- We may change our pricing with advance notice; changes take effect on your next billing cycle.
- You are responsible for any applicable taxes.
4. Client Responsibilities
To help us deliver great work on time, you agree to:
- Provide clear, complete, and timely information, materials, and feedback.
- Grant any access we reasonably need (for example, to accounts, hosting, or platforms) to perform the Services.
- Review deliverables and respond to requests for approval promptly.
- Ensure that any content, logos, images, text, or other materials you provide are accurate and that you have the legal right to use them.
Delays in providing materials, feedback, or approvals may affect timelines, and we are not responsible for delays caused by these factors.
5. Revisions
Revisions are part of our process. The number and scope of revisions included depend on your plan. Requests that materially change the original scope of a project may be treated as a new request or additional work.
6. Intellectual Property
Your finished deliverables. Upon full payment for the applicable work, the final deliverables we create specifically for you are yours. We assign to you the ownership rights in those final deliverables, and they are 100% yours to use.
Our materials and pre-existing tools. We retain ownership of our own pre-existing materials, processes, know-how, templates, source files, and any tools or frameworks we use to produce your work. Nothing in these Terms transfers ownership of these underlying materials to you.
Third-party assets. Some deliverables may incorporate third-party materials such as stock images, fonts, plugins, themes, or software that are licensed rather than owned. These are subject to their respective licenses, and any ongoing license fees or restrictions are your responsibility unless we agree otherwise in writing.
Payment condition. If your account is unpaid or overdue, you may not have the right to use deliverables until payment is made in full.
Portfolio rights. Unless you request otherwise in writing, we may display, reference, and describe the work we create for you in our portfolio, case studies, website, and marketing materials, including your name and logo, to showcase our Services.
7. Your Content and Warranties
You represent and warrant that any materials you provide to us do not infringe the intellectual property, privacy, or other rights of any third party, and do not violate any law. You grant us a limited license to use your materials solely to perform the Services. You are solely responsible for the content you provide and approve.
8. Third-Party Services and Platforms
Our Services may rely on or integrate with third-party platforms and tools (for example, communication tools, hosting providers, analytics platforms, advertising networks, plugins, and social media platforms). We do not control these third parties, and your use of them may be subject to their own terms and policies. We are not responsible for the availability, performance, or actions of third-party services.
9. Cancellation, Pausing, and Refunds
You may cancel or pause your subscription in accordance with your plan. Unless your plan states otherwise:
- Cancellation stops future billing but does not entitle you to a refund of fees already paid.
- When you cancel, we will complete any in-progress work covered by your current paid cycle at our discretion, or the subscription will end at the close of the current billing period.
- We may suspend or terminate your account if you breach these Terms, misuse the Services, or fail to pay.
10. SEO, Marketing, and Results Disclaimer
Marketing, advertising, and SEO involve factors outside our control, including search engine algorithms, platform policies, competition, and market conditions. We do not guarantee any specific results, including rankings, traffic, leads, conversions, sales, engagement, or return on investment. Any performance examples or client outcomes we reference are illustrative and not a promise of similar results.
11. Confidentiality
Each party may receive confidential information from the other. Both parties agree to protect the other’s confidential information and to use it only as needed to perform or receive the Services, except where disclosure is required by law.
12. Disclaimer of Warranties
The Site and Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site or Services will be uninterrupted, error-free, or secure.
13. Limitation of Liability
To the fullest extent permitted by law, Digital Storytellers and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Site or Services.
To the fullest extent permitted by law, our total liability for any claim arising out of or related to these Terms or the Services will not exceed the amount you paid to us for the Services in the [three (3)] months immediately preceding the event giving rise to the claim.
14. Indemnification
You agree to indemnify and hold harmless Digital Storytellers and its owners, employees, and contractors from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to the materials you provide, your use of the deliverables, or your breach of these Terms.
15. Termination
We may suspend or terminate your access to the Site or Services at any time for any reason, including violation of these Terms. Upon termination, the provisions of these Terms that by their nature should survive (including intellectual property, disclaimers, limitation of liability, and indemnification) will remain in effect.
16. Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Services will be resolved in the state or federal courts located in [Collin County], Texas, and you consent to the jurisdiction of those courts.
17. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last Updated” date above. Changes are effective when posted. Your continued use of the Site or Services after changes are posted means you accept the updated Terms.
18. Contact Us
If you have questions about these Terms, contact us at:
Digital Storytellers [Legal Business Name] [Mailing Address] McKinney, TX [ZIP] Email: [contact email] Website: https://digitalstorytellers.co