Last Updated: December 6, 2024

1. Introduction

Welcome to DigitalOffer.ai (“we,” “us,” or “our”). These Terms of Service (“Terms”) constitute a legal agreement between you (“you,” “your,” or “Client”) and DigitalOffer.ai, governing your use of our software platform, website, and related services (the “Platform”).

By creating an account, subscribing, or using any part of the Platform, you agree to these Terms. If you do not agree, please discontinue use immediately.

2. Eligibility

You must:

● Be at least 16 years of age.

● Have the authority to enter into this agreement on behalf of your business or organization.

● Provide accurate and up-to-date information during account creation.

● Use the Platform only for lawful business purposes.

3. Subscription, Trial, and Billing

3.1 Trial Policy

● New users may start with a 14-day trial for $1.

● If not satisfied, you may request a full $1 refund within the first 14 days of the trial.

● After the 14-day period, your account automatically renews at the applicable monthly subscription rate starting from $97/month, plus any setup fees if applicable.

● By continuing beyond the trial, you authorize DigitalOffer.ai to charge your payment method on file.

3.2 Subscription Terms

● All subscriptions are prepaid in U.S. dollars (USD) and billed monthly.

● Setup or onboarding fees may apply.

● No refunds are issued after the trial period.

● Cancellations must occur before the next billing cycle to prevent future charges.

3.3 Usage-Based and Third-Party Charges

Your monthly subscription covers platform access. Certain activities — such as SMS/MMS messages, emails, AI bot actions, phone calls, or advanced automations — may incur separate usage-based charges (“Add-On Charges”).

Add-On Charges:

● Are billed in addition to your base subscription.

● Are calculated based on actual usage.

● May include message, email, or call fees, AI tool usage, and premium integrations.
● Are subject to change based on provider or carrier rates.

You agree to pay all such Add-On Charges in full. Failure to do so may result in account suspension.

3.4 Payment Processing

Payments are securely processed via third-party providers. You agree to maintain valid billing details. Failed or disputed payments may lead to service suspension.

4. Acceptable Use

You agree not to:

● Engage in spam, fraud, or illegal activity.

● Share login credentials or resell platform access.

● Reverse-engineer or copy our proprietary systems.

● Violate intellectual property, privacy, or communication laws.

All account activity is your sole responsibility.

5. SMS, Email, and Call Compliance

If you use communication tools provided by DigitalOffer.ai, you must comply with all applicable regulations including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act.

● Clients must obtain consent before contacting recipients.

● Message frequency may vary; carrier fees may apply.

● Recipients can opt-out by replying “STOP” (SMS) or “UNSUBSCRIBE” (email).

● For help, reply “HELP” or contact [email protected].

You are fully responsible for the legality of your communication practices. DigitalOffer.ai disclaims liability for misuse or non-compliance.

6. Support and Custom Services

Support Hours: Monday–Friday, 8 AM–5 PM (Central Time)

Email: [email protected]

Chat Support: 24/7 via your dashboard

Custom development or onboarding services are billed separately at applicable hourly or project rates.

7. Data and Privacy

We collect and handle user data in accordance with our Privacy Policy. You are responsible for ensuring your collection and use of client data complies with relevant data-protection laws.

8. Termination

● By You: You may cancel anytime by emailing [email protected] or through your dashboard. No refunds are provided for partial months.

● By Us: We may suspend or terminate access for non-payment, abuse, or breach of these Terms.

9. Limitation of Liability

To the maximum extent permitted by law, DigitalOffer.ai shall not be liable for:

● Indirect or consequential damages, lost profits, or data loss.

● Service interruptions or issues caused by third-party providers.

Our total liability shall not exceed the total fees paid by you in the preceding 30 days.

10. Indemnification

You agree to defend, indemnify, and hold harmless DigitalOffer.ai, its officers, and employees from any claims or losses arising from your use of the Platform or violation of these Terms.

11. Dispute Resolution

These Terms are governed by the laws of the State of Illinois, United States.
All disputes shall be resolved through binding arbitration in Cook County, Illinois, conducted individually (no class actions).

12. Non-Disparagement

You agree not to post or publish statements that may harm or misrepresent DigitalOffer.ai. Violation may result in service termination.

13. Modifications

We may update these Terms at any time. Changes become effective upon posting on our website. Continued use constitutes acceptance.

14. Contact

DigitalOffer.ai
1420 Renaissance Dr #200a
Park Ridge, IL 60068, United States
[email protected]