Terms of Service

Last updated: September 16, 2025 8:19 PM

1. Introduction

These Terms of Service (“Terms of Service”) are a legal agreement between you (“you,” “Client,” or “User”) and Digital Aspect Marketing Inc. (“Digital Aspect,” “we,” “us,” or “our”). They apply to all of our services, including our marketing and consulting work as well as our software platform Keystone by Digital Aspect (“Keystone”).

By using our services or accessing Keystone, you agree to these Terms of Service. If you do not agree, you must not use our services.

2. Definitions

Capitalized words below have these specific meanings in this Agreement:

Keystone: Our branded software platform that provides CRM, marketing automations, communications (email, SMS, calls), AI tools, and related features.
Services: All offerings we provide, including marketing and consulting services, access to Keystone, onboarding, support, training, and any related products or deliverables.
Client: The person or business entering into this Agreement with us. Authorized Users are the Client’s employees, contractors, or agents whom the Client permits to use the Services under the Client’s account.
Order: Any proposal, estimate, order form, statement of work, or invoice that sets out scope, term, and pricing for Services.
Deliverables: Tangible work products we create for the Client under an Order (for example: designs, copy, ad creatives, websites, page layouts, brand assets).
Client Data: Any data, files, content, lists, or materials the Client or its Authorized Users provide to us or input into Keystone (including customer/contact data and campaign content).
Third-Party Services: Services or infrastructure provided by outside vendors that the Services rely on or integrate with (for example: telecommunications, email/SMS gateways, AI models, analytics, hosting).
Usage-Based Fees: Charges related to Keystone features (such as email, SMS, calls, AI, and other metered services) that are billed in addition to subscription or service fees and published on our Keystone Plans & Usage Rates page.
Website: Our public websites and pages we control, including digitalaspect.io, usekeystone.io and related subdomains.

3. Scope of Services

We provide two categories of Services. The first is Marketing and Consulting Services, which may include website design and development, search engine optimization, online advertising, branding, content creation, social media management, business consulting, process consulting, and other related professional services. The scope, timeline, and pricing for these services are described in the applicable Order.

The second is the Keystone Software Platform, which is subscription-based and provides tools for CRM, pipelines, scheduling, email and SMS communications, phone calls, AI-assisted features, reporting, and marketing automation. Keystone relies on certain Third-Party Services, such as telecommunications carriers, AI providers, and email/SMS gateways. These outside vendors form part of the Service experience but are not controlled by us. Some Keystone features also incur additional usage-based fees, which are addressed in Section 4.

Clients may choose to use our Marketing and Consulting Services, Keystone, or both together. Unless an Order states otherwise, these Terms of Service apply equally to all Services.

4. Payments and Subscriptions

All Services are billed as set out in your Order or subscription plan. By using our Services, you agree to pay those fees.

Marketing and Consulting Services: Setup fees, project fees, and retainers are billed as stated in your Order. Retainers are due at the beginning of each month and are non-refundable. One-time projects may require partial upfront payment with the balance due on completion.
Keystone Subscriptions: Subscriptions renew automatically until cancelled. By subscribing, you authorize recurring charges to your payment method. Cancellations must occur before the next billing date to avoid further charges.
Refunds: All sales are final. Because setup and subscription services begin immediately, payments are non-refundable and no credits are issued once processed. Fees are charged regardless of usage or campaign status, as software and labor costs are incurred immediately.
Usage-Based Fees: Some Keystone features (email, SMS, calls, AI, etc.) incur additional charges. By using these features, you agree to pay the related charges. Current rates are published on our Keystone Plans & Usage Rates page.

Invoices not paid when due may result in suspension or termination of Services, late fees, or collection costs. Chargebacks are prohibited without first contacting us to resolve the issue.

5. Cancellations and Termination

Client Cancellation: Marketing and Consulting Services may be cancelled with at least 30 days’ written notice, unless your Order specifies otherwise. Keystone subscriptions may be cancelled any time before the next billing date through your account or by written notice. Inactivity is not cancellation. All fees already paid are non-refundable.
Our Termination Rights: We may suspend or terminate Services immediately for non-payment, misuse, violations of these Terms, harmful use, or legal/third-party requirements. Terminated accounts do not receive credits or refunds.
Effect of Termination: Your right to use Services stops immediately. For Keystone, account access ends and your data may be deleted after a reasonable period. You remain responsible for all amounts due up to termination, including usage-based fees.

6. Results Disclaimer

Marketing results depend on many factors outside of our control, including industry, budget, competition, target demographics, timing, and economic conditions. Any performance estimates or assessments we provide are illustrative only and not guarantees of outcome. Less-than-expected results, while possible, do not entitle you to refunds or credits. By purchasing Services, you acknowledge these risks as part of engaging in marketing and advertising.

We want to set clear expectations. While we cannot guarantee a specific number of leads, sales, revenue, or other business outcomes, we do guarantee this: our team will bring our highest level of expertise, creativity, and effort to every project and campaign. We use industry best practices, proven strategies, and tools tailored to your business. We will communicate clearly, deliver work on time, and continuously optimize within the agreed scope to help you achieve the best possible results. If at any point you feel we are not meeting this standard, we will work with you to make it right.

For Keystone, we provide the platform “as is” and “as available.” While we strive to ensure strong performance and uptime, we cannot guarantee uninterrupted service or results from the use of the platform, as outcomes may also depend on factors outside of our control, including third-party services and your own use of the tools.

7. Intellectual Property

All intellectual property rights in our Services, including Keystone, our websites, designs, software, training materials, processes, and documentation, remain owned by Digital Aspect and our licensors. You are granted a limited right to use these materials only as necessary to receive the Services and only for your own internal business purposes.

For Marketing and Consulting Services, any deliverables we create for you—such as websites, branding, graphics, written content, or ad campaigns—become your property once all fees for that work have been paid in full. Until then, we retain ownership. We may also retain the right to showcase non-confidential portions of deliverables in our portfolio or marketing, unless you specifically ask us not to.

For Keystone, your subscription gives you a non-exclusive, non-transferable license to use the platform while your account is active and in good standing. Keystone is not sold to you, and you may not copy, resell, or create competing services based on it.

You retain ownership of all Client Data, including customer lists, communications, content, and other materials you upload or provide. By submitting Client Data, you give us a license to use it as needed to provide the Services. You are responsible for ensuring you have the rights to all Client Data you provide.

8. Copyright Complaints

We respect the intellectual property rights of others and expect our Clients to do the same. If you believe that content available through our Services, including Keystone, infringes your copyright, please notify us so we can review it.

Your notice should include:

Identification of the copyrighted work you believe has been infringed.
Identification of the material you believe is infringing, including where it appears in our Services.
Your name and contact information, including address, phone number, and email.
A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

Please send notices to:

Digital Aspect Marketing Inc.
Email: in**@***********ct.io

If we receive a proper complaint, we may remove or disable access to the material in question and may notify the Client who posted it.

9. Data and Privacy

You remain the owner of all Client Data you provide to us or upload into Keystone. By submitting Client Data, you grant us the right to use it solely as needed to provide the Services. We do not sell Client Data to third parties.

You are responsible for ensuring that all Client Data is accurate, lawful, and that you have the necessary rights to use it. This includes obtaining proper consent before sending communications to contacts through Keystone or other tools we provide. You agree not to use our Services to send spam, harass others, or violate privacy or marketing laws.

We will take reasonable measures to protect the security of Client Data in our possession, but we cannot guarantee absolute security or prevent all unauthorized access. To the extent Keystone relies on third-party providers (such as telecommunications carriers, AI providers, or cloud hosting platforms), their systems and policies also affect the handling of Client Data.

Our collection, use, and disclosure of information is further described in our Privacy Policy, which forms part of these Terms of Service. By using our Services, you consent to that Policy.

10. SMS/MMS Communications

By providing your mobile number to Digital Aspect, you consent to receive SMS and/or MMS messages from us. These messages may include account updates, reminders, customer support, and, where applicable, promotional information. Message frequency may vary. Standard message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

Please note that your assigned account manager may also use this number to communicate directly with you regarding project updates, service matters, and other essential business communications. For this reason, we encourage you not to opt out, as doing so may limit our ability to provide timely support and updates on your account.

You may opt out of receiving SMS/MMS messages at any time by replying “STOP” to any message. To receive assistance, reply “HELP” or contact us at (727) 607-7789. Consent to receive text messages is not a condition of purchase. For details on how we collect and use personal information, please review our Privacy Policy.

11. HIPAA-Related Services (If Applicable)

Certain Services, such as website hosting and CRM features, may be offered in a HIPAA-compliant configuration. HIPAA compliance applies only where specifically stated in an Order and where a separate written Business Associate Agreement (BAA) has been executed between you and Digital Aspect.

You are responsible for ensuring that your use of the Services complies with HIPAA and for restricting the entry of protected health information (PHI) to those portions of the Services that are configured and designated as HIPAA-compliant. Digital Aspect makes no representation that all Services are HIPAA-compliant. Use of non-designated Services for PHI is at your own risk.

12. Prohibited Uses

Our Services are designed to help you grow and manage your business responsibly. To protect all users, our systems, and third parties, you agree not to misuse the Services. Misuse includes, but is not limited to:

Impersonating others or misrepresenting your identity or affiliation.
Sending spam, junk mail, chain letters, or other unauthorized or deceptive communications, including through AI tools.
Uploading or transmitting viruses, malware, or any code intended to disrupt or damage systems, data, or networks.
Attempting to gain unauthorized access to Keystone, our websites, or any connected accounts or systems.
Interfering with or disrupting the normal operation of our Services, including denial-of-service attacks, scraping, or excessive automated activity.
Harassing, threatening, or abusing others, or sending communications without proper consent or in violation of privacy or marketing laws.
Violating any applicable laws, including those related to privacy, data protection, marketing, and consumer rights.

We may suspend or terminate Services immediately if we believe you are engaged in any prohibited use.

13. Acceptable Marketing Practices

You are responsible for ensuring that your use of the Services complies with all applicable marketing, advertising, and communications laws and regulations, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and data protection laws. You must obtain all necessary permissions and consents before sending communications or advertising materials. We may refuse or suspend campaigns that, in our judgment, violate legal requirements or industry standards.

14. Auto-Approval of Work Products

To maintain efficiency and avoid project delays, we apply an Auto-Approval Policy for SEO strategies, content, ad creative and copy, and social media posts.

Review Period: Once we provide materials for your review, you have seven (7) days to approve or request changes.
Communication: During this period, we will remain available for questions and reminders regarding pending approvals.
Default Approval: If no feedback is received within the 7-day window, the materials will be deemed approved and may be published or implemented at our discretion.

This policy ensures we can deliver services on time and keep campaigns moving without interruption. We encourage all Clients to provide timely feedback to keep deliverables aligned with your goals.

15. Media Buying Services

When we manage advertising on platforms such as Facebook, Instagram, or Google, your subscription fees to Digital Aspect are separate from the advertising spend paid directly to those platforms.

Pausing or stopping campaigns does not pause your subscription fees.
If the payment method on file with the ad platform is declined and ads are not running, this does not affect your subscription fees owed to Digital Aspect.
Subscription fees are charged regardless of campaign activity, as software and labor costs are still incurred.

To fully cancel related subscription fees, you must submit a cancellation request in accordance with Section 5 of these Terms.

16. Third-Party Services

Some features of the Services rely on or integrate with third-party providers, such as advertising platforms, email and SMS carriers, AI providers, and cloud hosting services. We do not control these third parties and are not responsible for their actions, policies, changes, outages, or pricing. Your use of third-party services may also be subject to their own terms and conditions.

17. Confidentiality

We will not disclose your confidential information to third parties except as required to provide the Services or by law. You agree to keep our confidential information—including our processes, pricing, and proprietary materials—private as well. Confidential information does not include information that is public, was already known without restriction, or is independently developed.

18. Limitation of Liability

To the fullest extent permitted by law, Digital Aspect is not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to the Services will not exceed the total amount of fees you paid to us for the Services in the twelve (12) months immediately before the event giving rise to the claim.

The limitations in this section reflect a fair allocation of risk and will apply regardless of the form of action—whether in contract, tort, negligence, strict liability, or otherwise. These limitations survive any termination or expiration of the Agreement.

19. Indemnification

You agree to defend, indemnify, and hold harmless Digital Aspect, our affiliates, and our respective officers, directors, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your use of the Services, including Keystone;
Your content or Client Data, including any claim that it infringes or violates the rights of a third party;
Your violation of these Terms of Service; or
Your violation of any law or regulation.

We will notify you promptly if we receive a claim covered by this section and will allow you to control the defense and settlement, provided that the settlement fully releases us and does not impose obligations on us.

20. Force Majeure

We are not responsible for delays or failures in performance caused by events outside of our reasonable control, including natural disasters, acts of government, labor disputes, internet or telecommunications failures, service outages, or other events of force majeure. If such an event occurs, our obligations will be suspended for the duration of the event.

21. Governing Law & Disputes

These Terms of Service are governed by the laws of the State of Florida, without regard to conflict of law principles. Any legal action or proceeding arising out of or relating to the Services or these Terms of Service must be brought in the state or federal courts located in Pinellas County, Florida, and you consent to the jurisdiction of those courts.

You and Digital Aspect agree that any claims will be brought only in your or our individual capacity, and not as part of a class, collective, or representative action.

22. Changes to These Terms of Service

We may update these Terms of Service from time to time to reflect changes in our Services, business practices, or legal requirements. When we make material changes, we will notify you by email or through our website or Keystone. The updated Terms of Service will take effect on the date we specify. Your continued use of the Services after that date means you accept the updated Terms of Service.

23. Entire Agreement

These Terms of Service, together with any applicable Orders, proposals, or statements of work, represent the entire agreement between you and Digital Aspect and supersede all prior discussions, agreements, or understandings. If any provision of these Terms of Service is found unenforceable, the remaining provisions will remain in full force and effect.

24. Contact Information

If you have any questions about these Terms of Service, you may contact us at: