Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Digital Harmony Inc ("Digital Harmony," "we," "our," or "us") governing your access to and use of digitalharmonyinc.com (the "Site") and any services, deliverables, or consultations we provide ("Services"). By using the Site or engaging our Services, you agree to these Terms. If you do not agree, do not use the Site or Services.

1. Eligibility

You must be at least 18 years old and have the authority to enter into these Terms, either personally or on behalf of the organization you represent.

2. Services and Engagement

Digital Harmony provides digital marketing, automation, design, web development, and AI consulting Services. The specific scope, deliverables, timeline, and fees for any engagement will be defined in a separate written proposal, statement of work, or order form ("Engagement Document"). In the event of a conflict between these Terms and an Engagement Document, the Engagement Document controls for that engagement.

3. Client Responsibilities

• Provide accurate, complete information and timely feedback.
• Supply required assets, access, and approvals on schedule.
• Ensure you have the rights to all materials you provide to us.
• Comply with applicable laws and platform terms (e.g., ad networks, analytics).

Delays or failures caused by missing inputs or approvals may shift timelines and affect deliverables without liability to Digital Harmony.

4. Fees and Payment

• Fees, billing cadence, and payment terms are set in your Engagement Document.
• Invoices are due net 15 unless stated otherwise.
• Late payments may accrue interest at the lesser of 1.5% per month or the maximum allowed by law and may cause us to pause delivery.
• Fees are exclusive of taxes; you are responsible for applicable taxes other than taxes on our income.
• Third-party costs (media spend, software, stock assets, etc.) are billed at cost unless otherwise agreed.

5. Intellectual Property

Subject to full payment of all fees due:

• Final deliverables created specifically for you under an Engagement Document are assigned to you upon receipt of full payment.
• Pre-existing IP, tools, frameworks, methodologies, and know-how used by Digital Harmony remain our property; you receive a non-exclusive, perpetual license to use them as embedded in the final deliverables.
• Third-party assets (fonts, stock media, software) are governed by their respective licenses.
• Portfolio rights: Digital Harmony may display the work and reference your name and logo in case studies and marketing unless otherwise agreed in writing.

6. Confidentiality

Each party will protect the other's non-public information disclosed in connection with an engagement and use it only for purposes of performing or receiving the Services. This obligation does not apply to information that is or becomes public through no fault of the receiving party, was already known, is independently developed, or must be disclosed by law.

7. Acceptable Use of the Site

You agree not to:

• Use the Site in violation of any law or regulation.
• Probe, scan, attack, or attempt to gain unauthorized access to the Site.
• Scrape, harvest, or copy content except as expressly permitted.
• Interfere with the Site's operation or other users' use of it.
• Upload malicious code or attempt to disrupt our infrastructure.

8. Third-Party Services

Engagements may rely on third-party platforms (e.g., advertising networks, hosting, analytics, AI providers). We are not responsible for the availability, performance, policies, or changes of third-party services. Their terms and pricing apply.

9. Warranties and Disclaimers

We will perform Services in a professional and workmanlike manner. EXCEPT AS EXPRESSLY STATED, THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND DIGITAL HARMONY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES OF SPECIFIC RESULTS, RANKINGS, REVENUE, OR PERFORMANCE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA. EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR AN ENGAGEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO DIGITAL HARMONY FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT.

11. Indemnification

You will defend, indemnify, and hold harmless Digital Harmony from third-party claims arising out of (a) content, data, or materials you provide; (b) your use of deliverables in violation of law or third-party rights; or (c) your breach of these Terms.

12. Termination

Either party may terminate an engagement as described in the applicable Engagement Document, or for material breach not cured within 15 days of written notice. Upon termination, you will pay for all Services performed and costs incurred through the termination date. Sections that by their nature should survive termination will survive, including IP, confidentiality, disclaimers, limitations of liability, and indemnification.

13. Governing Law and Disputes

These Terms are governed by the laws of the jurisdiction in which Digital Harmony Inc is registered, without regard to conflict-of-laws rules. The parties will attempt in good faith to resolve any dispute through informal negotiation before pursuing formal action. Any unresolved dispute will be brought in the courts located in that jurisdiction, and each party consents to personal jurisdiction there.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by posting the updated Terms on this page and revising the "Last updated" date. Continued use of the Site or Services after changes take effect constitutes acceptance of the revised Terms.

15. Miscellaneous

These Terms, together with any Engagement Document, constitute the entire agreement between the parties regarding the subject matter and supersede prior agreements. If any provision is found unenforceable, the remainder will remain in effect. Failure to enforce a provision is not a waiver. Neither party may assign these Terms without the other's consent, except in connection with a merger, acquisition, or sale of substantially all assets.

16. Contact

Questions about these Terms? Email info@digitalharmonyinc.com.