Terms of Service

Effective date: October 2, 2026
Last updated: October 2, 2026

These Terms of Service (the "Terms") are an agreement between you and TAO Digital Agency LLC ("TAO Digital," "Agency," "we," "us," or "our"), a Florida limited liability company. They apply when you use taodigitalagency.com (the "Site") or buy or use any of our services or products.

These Terms have two parts:

Part A: General Terms apply to everyone who uses the Site and to all clients.
Part B: Service Terms add terms for specific services. They apply only if you buy that service.

Please read Section A10 (Limitation of Liability) and Section A15 (Disputes) carefully. They limit your remedies and how disputes are resolved.

PART A: GENERAL TERMS

A1. Accepting these Terms

You accept these Terms when you use the Site, sign a proposal, order form, or agreement that refers to these Terms, click a button such as "Place Order," "Book," or "Pay," make a payment, or tell us to start work. If you accept on behalf of a business, you confirm you have the authority to bind that business, and "you" means the business.

Our services are for businesses and professionals. You must be at least 18 years old to use them.

A2. Order of precedence

If documents conflict, this order controls, from highest to lowest:

a signed service agreement for the specific service (for example the Website Subscription Agreement);
the signed proposal, quote, or order form;
Part B of these Terms for that service; and
Part A of these Terms.

A3. Fees, billing, and payment

Prices. Fees are as stated in your proposal, order form, agreement, or checkout page at the time you buy. Prices on our Site may change. A change applies to your active service only as your agreement allows, and only with the notice it requires.
Automatic payments. For recurring services, you authorize us and our payment processor to charge the payment method on file on each billing date until the service ends. You must keep a valid payment method on file.
Taxes. Fees do not include sales, use, or similar taxes. You are responsible for any taxes that apply, other than taxes on our income.
Late payments. Late fees and suspension rules are set out in Part B for each service, or in your agreement.
Chargebacks. Before disputing a charge with your bank, please contact us so we can resolve it. If you file a chargeback for services we provided, we may suspend services and recover the disputed amount, chargeback fees, and reasonable collection costs.
Refunds. Refund rules for each service are set out in Part B. If Part B or your agreement does not mention refunds for a service, payments for that service are non-refundable once the work has started.

A4. Your responsibilities

You agree to:

give us accurate information, the materials we need, and timely feedback and approvals;
make sure you own or have the rights to use everything you give us, including logos, photos, videos, music, text, testimonials, and customer data;
review and approve all content before it is published, and stay responsible for the accuracy and legality of your claims, prices, promotions, before-and-after images, testimonials, and licensing statements;
follow the laws and professional rules that apply to your business, including advertising rules, FTC guidance on endorsements and claims, privacy and consumer protection laws, laws on texting and email marketing, accessibility laws, and laws on gift cards and sales tax;
maintain your own privacy policy, terms, and customer consent records for your own business, website, and marketing; and
keep your passwords secure and give us only the access we need for the work.

Health information. We are not a healthcare provider, and we do not act as a HIPAA business associate unless we sign a written business associate agreement with you. Do not send us, or ask us to store, protected health information (such as treatment records or medical histories) unless we have signed that agreement.

A5. Third-party platforms

Our services rely on third-party platforms that we do not control, such as hosting and cloud infrastructure, code and deployment platforms, CRM and messaging platforms, booking software, payment processors, advertising platforms (for example Meta and Google), email providers, domain registrars, and AI tools.

Each platform's own terms and policies apply to your use of it. You are responsible for following them, and for any fees they charge.
We are not responsible for a platform's outages, errors, security incidents, pricing changes, policy changes, feature changes, account restrictions, ad rejections, or account bans.
Where possible, platform accounts used for your business (for example your ad accounts, booking platform, payment processor, and domain) should be held in your name. You own the data in those accounts.
If a platform changes in a way that requires substantial rework, we may quote the rework as additional work.

A6. Data protection

Our Privacy Policy explains how we handle personal information about you. When we handle personal information about your customers or leads to provide our services, we act as your service provider and we will:

use it only to provide the services and follow your reasonable written instructions;
keep it confidential and require our team and contractors to do the same;
protect it with reasonable safeguards;
use other service providers (sub-processors) only as needed to provide the services, under terms that protect the data;
tell you without undue delay if we confirm a security incident that affects your data;
help you, at reasonable cost if the work is significant, to respond to your customers' privacy requests; and
return or delete your data within a reasonable time after the services end, unless the law requires us to keep it.

You are responsible for having a lawful basis and the required consents to collect your customers' data and to let us process it for you.

A7. Confidentiality

Each of us will keep the other's non-public business information confidential and use it only to perform or receive the services. This does not apply to information that is public through no fault of the receiving party, that was already known to the receiving party, that the receiving party developed independently, or that must be disclosed by law (after notice to the other party where allowed). This obligation continues for 3 years after the services end, and for as long as the information remains a trade secret.

A8. Intellectual property

Our materials. The Site and its content, and our templates, frameworks, processes, methods, know-how, code libraries, tools, training materials, and other materials we developed before or separately from your project ("Agency Materials"), belong to TAO Digital.
Your materials. You keep ownership of your logos, brand assets, content, photos, and business data.
Deliverables. Ownership of what we create for you is set out in Part B for each service and in your agreement. Unless they say otherwise, you receive a license to use the deliverables for your business once you have paid for them in full. To the extent Agency Materials are included in a deliverable, you receive a non-exclusive license to use them as part of that deliverable.
Third-party materials. Open-source software, fonts, stock media, plugins, themes, and similar third-party materials are governed by their own licenses.
Portfolio. Unless we agree otherwise in writing, we may show our work for you, and your business name and logo, in our portfolio and marketing. We will not disclose your confidential information in doing so.
Use of the Site. You may view and use the Site for your own business purposes. You may not copy, scrape, resell, or create derivative works from Site content, or use the Site in a way that harms it or other users.

A9. AI tools

We may use AI tools to help draft, research, analyze, or summarize work. A person on our team reviews AI-assisted work before we deliver it. We choose tools and settings that, where the provider offers the option, do not use your confidential content to train public models.

A10. Limitation of liability

To the maximum extent permitted by law:

No indirect damages. We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, bookings, sales, data, goodwill, or business interruption, even if we were told they were possible.
Cap. Our total liability for all claims relating to the Site, the services, or these Terms is limited to the fees you actually paid us for the service giving rise to the claim during the 3 months before the event that caused the claim.
Third parties. We are not liable for the acts or failures of third-party platforms (Section A5), or for problems caused by changes made by you or anyone you give access to.

Some places do not allow some of these limits. If so, the limits apply to the maximum extent the law allows.

A11. Disclaimers and no guarantee of results

We perform our services in a professional and competent manner consistent with industry standards.
Apart from that, the Site and services are provided "as is" and "as available." We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee results, including search rankings, traffic, leads, bookings, ad performance, sales, revenue, or return on investment. Case studies, examples, and statistics describe past results or industry data, and are not promises.
Our content, consulting, diagnostics, scripts, handbooks, and courses are business information. They are not legal, tax, financial, medical, or regulatory advice. Consult a qualified professional for those matters.

A12. Indemnification

You will defend, indemnify, and hold harmless TAO Digital and its owners, team members, and contractors from third-party claims, damages, fines, penalties, and costs (including reasonable attorney's fees) arising from: materials and data you provide; the products and services you sell; content and claims you approve; your messages and marketing to your customers; your violation of any law (including advertising, privacy, texting, email, accessibility, tax, and gift card laws); or your breach of these Terms or your agreement.

A13. Suspension, termination, and refusal of service

We may refuse or stop providing service to anyone for any lawful reason before work begins.
We may suspend services for non-payment as described in Part B or your agreement.
We may end services immediately if you use them unlawfully, act abusively toward our team, interfere with our ability to do the work, or put our systems or other clients at risk. Otherwise, either party may end services as allowed in Part B or your agreement.
If services end, you remain responsible for amounts owed for work performed and for any minimum term commitment in your agreement.
Sections that by their nature should continue after the services end (including payment, confidentiality, intellectual property, data protection, liability, indemnification, and disputes) continue.

A14. Non-solicitation

During our engagement and for 12 months after it ends, you will not directly or indirectly hire or engage any TAO Digital employee or contractor who worked on your account, without our written consent. This does not restrict general job postings that are not aimed at our team.

A15. Disputes, governing law, and venue

Talk first. Before filing a claim, the party with the complaint will send a written description of the issue to the other party, and both of us will try in good faith to resolve it for at least 30 days.
Governing law. These Terms and any dispute relating to them are governed by the laws of the State of Florida, without regard to its conflict of law rules.
Venue. Any lawsuit must be brought only in the state or federal courts located in St. Lucie County, Florida, and both parties consent to those courts' jurisdiction.
Individual claims only. To the extent the law allows, claims may be brought only in an individual capacity, and not as a plaintiff or class member in a class, collective, or representative action.
Jury waiver. To the extent the law allows, both parties waive the right to a jury trial.
Attorney's fees. In any lawsuit relating to these Terms or the services, the prevailing party may recover its reasonable attorney's fees and costs.

A16. Changes to these Terms

We may update these Terms from time to time. The updated version applies to the Site from the date it is posted. For clients with active services, material changes take effect 30 days after we notify you by email, and they do not change a signed agreement during its current term unless you agree.

A17. General

Entire agreement. These Terms, together with any proposal, order form, and signed agreement, are the entire agreement for the services they cover.
Electronic communications and signatures. You agree that notices, agreements, and signatures may be provided electronically.
Notices. Notices to us must be emailed to admin@taodigitalagency.com. Notices to you will be sent to the email address on your account.
Assignment. You may not transfer these Terms without our written consent. We may use qualified subcontractors and remain responsible for their work.
Independent contractor. We are an independent contractor, not your employee, partner, or agent.
Force majeure. Neither party is liable for delays caused by events beyond its reasonable control. This does not excuse payment obligations.
Severability and waiver. If any part of these Terms is unenforceable, the rest remains in effect. Not enforcing a term is not a waiver of it.

PART B: SERVICE TERMS

B1. Spa Website Subscription

This section applies to our Spa Website plans (Foundation, Growth, and Scale). The signed Website Subscription Agreement controls if there is any conflict.

Plans and fees. Each plan has a monthly fee for a 12-month initial term, with no setup fee. The fee and scope for your plan are written into your order form before you sign. Growth and Scale pricing depends on the scope we quote.
Billing. Billing starts on the date you sign, and continues monthly. It does not depend on the launch date and is not paused by delays in receiving your content or approvals.
12-month commitment. Because we carry the full build cost up front, the 12 monthly payments of the initial term are a firm commitment. If you cancel, or we end the agreement because of your uncured breach, during the initial term, the remaining monthly fees for that term become due. You may pay off the remaining initial-term balance early at any time.
Care Plan. After the initial term, your plan continues month to month as the Care Plan at the rate stated in your agreement, covering hosting, maintenance, and a monthly allowance of content edits. Either party may cancel the Care Plan with 30 days' written notice.
Technology and hosting. We build these websites on modern, cloud-hosted infrastructure with version-controlled source code, selected and managed by us. We may change providers if it does not reduce the service you receive. We use commercially reasonable efforts to keep your site available, but we do not guarantee uninterrupted uptime.
Version history and recovery. Every change to your website's code is saved in version-controlled history, and updates are tested before they go live. If an update causes a problem, we can restore an earlier version. Content and data stored outside the website code (for example your booking platform, payment processor, CRM, or form submissions sent to other tools) are kept by those providers, and you should keep your own copies of materials you provide.
Domain. Your domain is registered in an account you control. You give us the access we need to connect it to the website. While your subscription is active, we cover the renewal cost of one domain. After it ends, renewals are your responsibility and our access is removed.
Content edits. Content edits are small changes to existing pages (about 30 minutes or less each). "Unlimited" edits, where included, cover content edits only. They do not include new pages, redesigns, new features, integrations, or substantial new copy, and we may decline or separately quote requests that amount to a redesign or an unreasonable volume.
Ownership at payoff. Once the initial term is paid in full and your account is current, you can ask us to transfer the website to accounts you control. We then assign to you ownership of the website's final design, our copy written for you, and the custom code created for you. We keep our Agency Materials and give you a permanent license to use them as part of your site. There is no buyout fee. Nothing transfers before the initial term is paid in full.
Transfer. We complete a standard transfer within 14 days after you give us the account details we need. After the transfer, our hosting, maintenance, and support end unless we sign a separate maintenance agreement, and we are not responsible for how the site works after others change it.
Online store (Scale). You are the merchant of record. Sales, refunds, gift cards, fulfillment, sales tax, chargebacks, and payment processor terms are your responsibility.
Accessibility, cookies, and privacy. We build following general accessibility best practices and install a cookie consent banner. These are tools and build practices, not a guarantee that your site complies with accessibility or privacy laws. Compliance, your privacy policy, and what your third-party tools collect remain your responsibility.
Late payment. Amounts more than 5 days late accrue a late fee and interest as stated in your agreement. After 10 days we may suspend the site until your account is current.
Refunds. Payments are non-refundable.

B2. Managed Hosting (WordPress)

Plans. Hosting is billed monthly or annually, in advance, based on the plan you choose.
Infrastructure. Hosting runs on third-party server infrastructure that we select and manage. We may change providers without reducing your service.
Uptime target. We target 99.9% uptime each month, not counting scheduled maintenance, emergency security work, or problems caused by third parties, DNS, your code, plugins, themes, or traffic attacks. The uptime target is a goal, not a guarantee, and it does not include service credits.
Backups. While your hosting is active, we run daily automated backups stored off-site, kept for up to 30 days. Backups are for disaster recovery. We do not guarantee that a specific restore point will be available. Please keep your own copies of important content.
Your website software. You are responsible for the licenses and content of themes, plugins, and code you or your other providers install. Updates to WordPress core, themes, and plugins are included only if you also have a Web Maintenance plan.
Fair use. Plans are for normal business websites. We may ask you to upgrade, or limit resources, if a site uses excessive resources, sends spam, hosts unlawful content, or puts other sites at risk.
Support. Submit requests through our support ticket system. We typically respond within 24 to 72 hours, and sooner for urgent outages.
Refunds. New hosting purchases may be cancelled for a full refund within 7 days. After 7 days, payments are non-refundable. You may cancel at any time to stop future renewals.
Non-payment. We send renewal reminders before your due date. If payment is not received within 5 days after the renewal date, your site may be suspended. If payment is not received within 14 days after the renewal date, your hosting account, its files, and its backups may be permanently deleted and cannot be recovered.
Leaving. If you move your site to another host, we will provide a full backup of your site files and database on request, as long as your account is current.

B3. Web Maintenance

Scope. Maintenance plans cover updates and maintenance of your existing website, including updates to existing text and images. They do not include new pages, new features, or redesigns. We quote out-of-scope work in advance and do it only after you approve.
Schedule. Routine maintenance is performed between the 27th and the last day of each month. We email a summary of the work by the 4th of the following month.
Billing. Plans are paid monthly or annually, in advance, and run month to month with no long-term commitment. You may cancel at any time to stop future billing.
Support. We typically respond to requests within 24 to 72 hours through our support ticket system.
Refunds. Prepaid plans and unused portions are non-refundable.

B4. Marketing and Paid Advertising

Fees. Services are billed as a one-time setup fee plus recurring monthly fees, as set out in your order form.
Ad spend. Advertising budgets are paid by you directly to the platforms (for example Meta or Google) and are separate from our fees. You are responsible for all ad spend charged to your accounts.
Accounts. Ad accounts, pages, and pixels should be owned by you, with access granted to us. You keep your accounts and data when our services end.
Approvals and compliance. You approve offers, claims, and creative before they run. Platforms may reject ads or restrict accounts under their own policies, and we cannot guarantee approval or delivery.
Creative. Once paid for, you may use the ads and creative we produce for your business. Our templates, strategies, and processes remain Agency Materials.
Cancellation. Either party may end the service with 30 days' written notice. We may change our fees or these service terms with 30 days' notice, effective at your next renewal.
Refunds. Payments are non-refundable because of the nature of the work.

B5. CRM and Automation Services

Platform. CRM services are built on a third-party CRM platform. Use of the platform is governed by its terms, and we cannot guarantee its performance, features, or availability.
Your messaging compliance. If your CRM sends texts, emails, or WhatsApp messages to your customers, you are the sender. You are responsible for getting and recording your customers' consent, honoring opt-outs, carrier registration requirements (such as A2P 10DLC registration in your business's name), and following texting and email laws, including the TCPA, the Florida Telephone Solicitation Act, CAN-SPAM, and Canada's Anti-Spam Legislation (CASL) where they apply. We can configure consent tools on request, but we do not provide legal advice.
Payment. Fees are due on receipt. A valid card must be kept on file. If a payment is more than 5 business days late, a late fee of $5 per day applies, and services may be suspended until the account is paid in full.
Support. Submit requests through our support ticket system. We respond based on urgency, within 5 business days for non-critical issues.
Refunds. No refunds are issued for prepaid services or unused portions.

B6. Consulting, Advisory, Diagnostics, and Digital Products

Advisory and consulting. Retainers, diagnostics, audits, coaching, and strategy services are billed as set out in your proposal or agreement. Recommendations are business guidance. You make the final decisions for your business and are responsible for them.
Digital products. Handbooks, scripts, templates, courses, and other digital products are licensed to you for use in your own business. You may not resell, share publicly, or redistribute them. Because digital products are delivered immediately, all sales are final once access is delivered, unless the product page states a different refund policy.

B7. 247 Routine Platform

The 247 Routine platform and app are governed by their own terms of service and privacy policy, which are presented when you sign up or log in. Until those terms are published, these Terms and your subscription agreement apply to your use of the platform.

B8. Messaging Terms (Text Messages and WhatsApp)

These terms apply when you agree to receive text messages (SMS/MMS) or WhatsApp messages from TAO Digital.

What you will receive. Messages about your inquiry, appointments and calls, projects, support, billing reminders, and, if you agreed, occasional offers and updates from TAO Digital Agency.
Consent. By giving us your mobile number and checking the consent box or otherwise agreeing, you agree to receive messages from us at that number, which may be sent using automated technology. Consent is not a condition of any purchase.
Frequency. Message frequency varies.
Cost. Message and data rates may apply.
Stop. Reply STOP to any text message to stop receiving texts. On WhatsApp, reply "STOP" or block our number. You may also opt out by emailing admin@taodigitalagency.com. We honor any reasonable opt-out request, by any method.
Help. Reply HELP for help, or email admin@taodigitalagency.com.
Carriers. Mobile carriers are not liable for delayed or undelivered messages.
Privacy. See our Privacy Policy. We do not sell, rent, or share mobile phone numbers or text messaging opt-in data and consent with third parties or affiliates for their marketing purposes.

Contact

TAO Digital Agency LLC
admin@taodigitalagency.com