Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Digital Smart Technology ("we," "us," or "our"), concerning your access to and use of the Digital Smart Technology.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

By accessing the Site, you agree that you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1.1 Supplemental Terms

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.

2. Our Services

Digital Smart Technology provides software development, mobile application development, web development, artificial intelligence solutions, cloud services, and related technology consulting services (collectively, the "Services").

2.2 Service Limitations

We make every effort to display as accurately as possible the colors, features, specifications, and details of the Services available on the Site. However, we do not guarantee that the Services will meet your specific requirements or expectations.

2.3 Project Agreements

Specific projects will be governed by separate project agreements that outline scope, deliverables, timelines, and pricing. These agreements will supersede these general Terms of Service for the specific project.

3. User Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.

3.1 Account Security

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password.

3.2 Account Termination

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

4. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Digital Smart Technology, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.1 Our Intellectual Property

Our trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site are registered and unregistered trademarks or service marks of Digital Smart Technology. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without our prior written permission.

4.2 Client Intellectual Property

Client-provided materials, including but not limited to logos, brand names, proprietary information, and pre-existing intellectual property, remain the sole property of the client. We respect and protect our clients' intellectual property rights in accordance with project agreements and applicable laws.

4.3 Deliverable Ownership

Upon full payment of all fees due, ownership of custom-developed software and deliverables is transferred to the client as specified in the project agreement. Source code, documentation, and related materials will be delivered to the client upon project completion and payment.

5. User Content

"User Content" means any and all information and content that a user submits to or uses with the Site (e.g., content in the user's profile, project requirements, feedback, etc.). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable.

5.1 License to User Content

By posting any User Content on the Site, you expressly grant, and you represent and warrant that you have a right to grant, to Digital Smart Technology a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content.

5.2 Content Restrictions

You agree not to post User Content that:

• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, or is otherwise inappropriate as determined by us in our sole discretion
• Violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, or other intellectual property right of any party
• Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment
• Constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming")

6. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
• Use any information obtained from the Site in order to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use the Site in a manner inconsistent with any applicable laws or regulations
• Engage in unauthorized framing of or linking to the Site
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
• Delete the copyright or other proprietary rights notice from any Content
• Attempt to impersonate another user or person or use the username of another user
• Sell or otherwise transfer your profile
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site

7. Payments & Fees

All payments for our Services shall be made in accordance with the terms specified in the project agreement or invoice. Prices for our Services are subject to change without notice.

7.1 Payment Terms

7.2 Late Payments

Late payments may be subject to a late fee of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend Services for accounts with overdue payments.

7.3 Refund Policy

Deposits and payments for completed work are non-refundable. If a project is terminated by the client before completion, the client will be responsible for payment for all work completed up to the termination date.

8. Termination

We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

8.1 Termination by You

You may terminate your account by contacting us at Support@digitalsmarttechnology.com. Upon termination, your right to use the Site will immediately cease.

8.2 Effect of Termination

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Disclaimers

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.1 Service Availability

We make no warranties or representations about the accuracy or completeness of the Site's content or the content of any websites linked to the Site and we will assume no liability or responsibility for any:

• Errors, mistakes, or inaccuracies of content and materials
• Personal injury or property damage of any nature resulting from your access to and use of the Site
• Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
• Any interruption or cessation of transmission to or from the Site
• Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party
• Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site

10. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.1 Maximum Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

10.2 Jurisdictional Limitations

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• Your use of the Site
• Breach of these Terms of Service
• Any breach of your representations and warranties set forth in these Terms of Service
• Your violation of the rights of a third party, including but not limited to intellectual property rights
• Any overt harmful act toward any other user of the Site with whom you connected via the Site

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

12. Governing Law

These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

12.1 International Users

The Site is controlled, operated, and administered by Digital Smart Technology from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Digital Smart Technology Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

13. Dispute Resolution

13.1 Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a "Dispute" and collectively, "Disputes"), you and Digital Smart Technology agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

13.2 Binding Arbitration

If the parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

13.3 Restrictions

The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

13.4 Exceptions to Arbitration

The parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

14.1 Continued Use

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

15. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: