LEGAL DOCUMENTATION

TERMS OF SERVICE

Effective Date: January 2025

1. ACCEPTANCE OF TERMS

By accessing or using Bane Digital's services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not access or use the Services.

2. DESCRIPTION OF SERVICES

Bane Digital provides marketing and growth services, which may include strategy, paid advertising management, lead generation, lead qualification, analytics/reporting, marketing automation, AI-assisted tools, and related consulting services (collectively, the "Services"). Specific deliverables, timelines, and scopes may be defined in separate statements of work, proposals, order forms, or invoices ("Order Documents").

3. USER RESPONSIBILITIES

You agree to:

  • •Provide accurate, current, and complete information when requested and keep it updated
  • •Maintain the confidentiality of any account credentials and restrict access to authorized users
  • •Be responsible for all activity occurring under your account or on your behalf
  • •Use the Services in compliance with applicable laws and regulations
  • •Not misuse the Services (including attempting unauthorized access, interfering with systems, or using the Services for unlawful communications or content)

4. INTELLECTUAL PROPERTY

Our Materials

All content, features, processes, templates, software, and functionality provided by Bane Digital (including our site, tools, and deliverables to the extent they are our pre-existing materials) are owned by Bane Digital or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, publicly display, or create derivative works from our materials without our prior written permission, except as expressly allowed in the Order Documents.

Your Materials

You retain ownership of the content, data, logos, and materials you provide to us ("Client Materials"). You grant Bane Digital a limited, non-exclusive license to use Client Materials solely to provide the Services.

5. PAYMENT TERMS

Fees, billing cadence, and payment terms will be specified in the applicable Order Documents and/or invoices. Unless otherwise stated:

  • •Fees are due as invoiced and are non-refundable
  • •Late payments may result in suspension of Services and/or late fees as permitted by law
  • •We may change pricing for ongoing Services with at least 30 days' notice (unless otherwise specified in an Order Document)

6. DATA PRIVACY

Our collection and use of information is described in our Privacy Policy, which is incorporated into these Terms by reference.

Important note on HIPAA / PHI: Unless otherwise agreed in writing (for example, via a Business Associate Agreement, if applicable), you agree not to provide Protected Health Information (PHI) through the Services.

7. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

  • •Bane Digital will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, arising out of or related to your use of the Services.
  • •Bane Digital's total liability for any claim arising out of or related to the Services will not exceed the amount paid by you to Bane Digital for the Services in the three (3) months prior to the event giving rise to the claim.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

8. TERMINATION

Either party may terminate Services as described in the applicable Order Documents, or if none apply, by providing written notice. Upon termination:

  • •Your right to use the Services will cease as of the effective termination date
  • •Any outstanding fees become immediately due and payable
  • •Sections that by their nature should survive (including IP, payment obligations, limitation of liability, and governing law) will survive termination

9. GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Bane Digital operates, without regard to conflict of law principles.

10. CONTACT INFORMATION

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

Email: support@banedigital.com

Phone: 1 435-294-3421

11. CHANGES TO THESE TERMS

We may modify these Terms from time to time. If we make material changes, we will provide notice via email, our website, or within the platform. Continued use of the Services after the effective date of any changes constitutes acceptance of the updated Terms.