Terms & Conditions

0. Contracts Control

If you have accepted a Proposal, or executed a Master Services Agreement (MSA) or Service Level Agreement (SLA) with Day by Day Digital, Inc., those documents govern your professional services, payment obligations, and term commitments.

These Website Terms apply only to your use of this website and do not amend, replace, or supersede any signed Proposal, MSA, or SLA.
In any conflict, your Proposal → MSA → SLA control over these Website Terms.

1. Overview

This website is operated by Day by Day Digital, Inc. (“Day by Day Digital,” “we,” “us,” or “our”).
Throughout the site, “you” refers to the user or visitor.

By accessing or using our website, you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree, you may not access or use the website.

These Terms govern only your use of the website, not your engagement in paid services.

2. General Conditions

We reserve the right to refuse or restrict access to the website at any time.
You agree not to reproduce, duplicate, copy, sell, or exploit any portion of the website without our express written permission.

You may not use the website for any unlawful purpose, including transmitting malicious code or attempting to disrupt site functionality.

3. Accuracy and Information

Information on this site is provided for general informational purposes only.
We make reasonable efforts to ensure accuracy, but we do not guarantee completeness, reliability, or timeliness.
Your use of any material on this site is at your own risk.

4. Modifications to Website

We may modify or discontinue any part of the website at any time without notice.
No Impact on Contracts: Any modification, suspension, or termination referenced in these Website Terms applies only to the website and does not alter obligations under any signed Proposal, MSA, or SLA.

5. Products or Services Displayed Online

Any products, digital resources, or service descriptions displayed online are for marketing purposes only.
Actual services, deliverables, and payment terms are governed exclusively by your Proposal, MSA, or SLA.

6. User Comments and Submissions

If you send us feedback, ideas, or comments, you grant us a non-exclusive, worldwide, royalty-free license to use and reproduce that content for business or marketing purposes.
We are not obligated to maintain such submissions in confidence or to provide compensation.

7. Personal Information

Your submission of personal information through the website is governed by our Privacy Policy.
For client data processed under paid engagements, confidentiality terms are governed by your MSA/SLA, which override these website Terms.

8. Third-Party Links

Our website may include links to third-party websites.
We are not responsible for the content, accuracy, or policies of those websites.
Your interactions with third parties are at your own risk.

9. Prohibited Uses

You agree not to use the site or its content:

  • For any unlawful purpose,

  • To violate any intellectual property rights,

  • To transmit viruses or malicious code,

  • To spam, phish, or scrape data,

  • To harass, defame, or abuse others,

  • To interfere with security features or site operations.

We may restrict access to users violating these Terms.

10. Disclaimer of Warranties

The website is provided “as is” and “as available.”
We make no warranties, express or implied, about uninterrupted or error-free use.

Professional Services Disclaimer: The disclaimers in this section apply only to website use. Professional services delivered under a Proposal, MSA, or SLA are governed by those agreements, which include specific service-level commitments.

11. Limitation of Liability

Day by Day Digital, Inc., its directors, officers, employees, and affiliates shall not be liable for any indirect, incidental, or consequential damages resulting from your use or inability to use the website.
This limitation does not apply to obligations or liabilities defined in a signed Proposal, MSA, or SLA.

12. Indemnification

You agree to indemnify and hold harmless Day by Day Digital, Inc. and its affiliates from any claims arising out of your misuse of this website or violation of these Terms.

13. Severability

If any provision of these Terms is found unenforceable, the remainder shall remain in full effect.

14. Governing Law & Venue

These Website Terms are governed by the laws of the State of Texas, and any disputes shall be brought exclusively in Travis County, Texas.

Contracts: Governing law and venue for professional services are as stated in your Proposal, MSA, or SLA.

15. Entire Agreement

These Website Terms apply only to your use of this website.
They do not amend or override any Proposal, MSA, or SLA, which govern paid services.
Failure by us to enforce any provision shall not constitute a waiver of that right.

16. Changes to These Terms

We may update these Terms from time to time by posting revisions here.
Your continued use of the website constitutes acceptance of any updated Terms.

17. Contact Information

For questions about these Terms, contact us at:
Email: justin@daybydaydigital.ai
Entity: Day by Day Digital, Inc.