Terms of Service | DGFari Studio

1. INTRODUCTION AND ACCEPTANCE

1.1 Agreement to Terms

Welcome to DGFari Studio. These Terms of Service (“Terms,” “Agreement,” or “ToS”) constitute a legally binding agreement between you (“Client,” “Customer,” “you,” or “your”) and DGFari Studio, LLC (“DGFari Studio,” “we,” “us,” or “our”), a Florida limited liability company. By accessing, using, or purchasing any of our Services (as defined below), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not access or use our Services.

1.2 Incorporation of Policies

These Terms incorporate by reference our Privacy Policy, Refund Policy, and any other policies, guidelines, or schedules posted on our website or otherwise communicated to you. In the event of a conflict between these Terms and any other policy, these Terms shall govern unless explicitly stated otherwise.

1.3 Eligibility

You represent and warrant that you are at least eighteen (18) years of age, possess the legal capacity to enter into binding contracts, and are not barred from receiving our Services under the laws of the United States, the State of Florida, or any other applicable jurisdiction. If you are using our Services on behalf of a business entity, brokerage, or organization, you represent and warrant that you have full authority to bind such entity to these Terms.

1.4 Modification of Terms

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. Material changes will be communicated via email to the address associated with your account and will be effective thirty (30) days after such notification. Your continued use of our Services following any modification constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use immediately and cancel any active subscriptions in accordance with Section 11.

1.5 Entire Agreement

These Terms, together with the documents referenced herein, constitute the entire agreement between you and DGFari Studio regarding the subject matter hereof and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.

2. DEFINITIONS

2.1 Defined Terms

For purposes of these Terms, the following terms shall have the meanings set forth below:

“Services” means all products, services, deliverables, and ongoing support provided by DGFari Studio, including but not limited to website design and development, branding services, artificial intelligence (AI) chatbot integration, marketing automation setup, customer relationship management (CRM) integration, custom dashboard creation, performance reporting, strategy consulting, and monthly maintenance and support services.

“Service Tiers” means the four (4) levels of service offered by DGFari Studio: (a) The Presence; (b) The Growth System; (c) Growth System Pro; and (d) The Full Machine, as more fully described on our website and in your applicable Service Agreement.

“Deliverables” means all tangible and intangible work product created, developed, or produced by DGFari Studio as part of the Services, including but not limited to websites, chatbot configurations, automation workflows, dashboards, reports, designs, graphics, code, software, documentation, and content.

“Client Materials” means all content, data, images, logos, branding elements, property listings, photographs, videos, text, credentials, and other materials provided by you to DGFari Studio for use in connection with the Services.

“Service Agreement” means the written or electronic agreement, proposal, or statement of work (SOW) that specifies the particular Services to be provided, fees, timelines, and other project-specific terms, which is executed by both parties.

“Subscription” or “Monthly Maintenance” means the recurring monthly fee paid by you for ongoing hosting, maintenance, support, and updates as specified in your Service Tier.

“Platform” or “Systems” means any websites, applications, software, servers, hosting infrastructure, third-party integrations, APIs, and technology used by DGFari Studio to provide the Services.

“Intellectual Property” or “IP” means all patents, copyrights, trademarks, trade secrets, know-how, software, code, algorithms, designs, and other proprietary rights, whether registered or unregistered.

“Confidential Information” has the meaning set forth in Section 14.

“Force Majeure Event” has the meaning set forth in Section 19.

3. DESCRIPTION OF SERVICES

3.1 Service Tiers

DGFari Studio offers four (4) service tiers, each consisting of one-time project work and optional or included ongoing monthly maintenance:

(a) The Presence ($2,997 one-time + $99 per month): Custom website design and development, mobile responsive design, MLS property integration, professional copywriting, basic search engine optimization (SEO) setup, SSL certificate and security implementation, hosting, and uptime monitoring.

(b) The Growth System ($5,997 one-time + $199 per month): All features of The Presence plus AI-powered chatbot integration, lead capture automation, CRM integration, automated email follow-up sequences, and appointment scheduling functionality.

(c) Growth System Pro ($7,497 one-time + $199 per month): All features of The Growth System plus priority support with same-day response guarantee, monthly performance reports delivered as branded PDFs, quarterly strategy review calls, and A/B testing of chatbot scripts and workflows.

(d) The Full Machine ($9,997 one-time + $299 per month): All features of Growth System Pro plus a dedicated account manager, biweekly strategy calls, custom automation workflows, advanced analytics dashboard, multi-user access (five or more seats), and priority feature development.

3.2 Scope of Work

The specific scope of Services for your project shall be detailed in your Service Agreement. Any services requested that fall outside the scope of the agreed-upon Service Tier or Service Agreement shall constitute additional work and may be subject to additional fees at our then-current hourly rate of $150 per hour, unless otherwise agreed in writing.

3.3 Third-Party Services and Integrations

Our Services may require or benefit from integration with third-party platforms, tools, and services (“Third-Party Services”), including but not limited to: Multiple Listing Service (MLS) platforms, customer relationship management (CRM) systems (such as Follow Up Boss, kvCORE, LionDesk, and HubSpot), hosting providers, email service providers, payment processors, and artificial intelligence platforms. You acknowledge that:

Use of Third-Party Services is subject to the respective terms of service and privacy policies of those third parties;
DGFari Studio is not responsible for the availability, reliability, performance, or security of any Third-Party Service;
Changes, outages, or discontinuation of Third-Party Services may affect the functionality of our Services;
You are responsible for maintaining active accounts and appropriate subscription levels with all required Third-Party Services;
DGFari Studio may recommend or require specific Third-Party Services but does not guarantee their continued availability or compatibility.

3.4 No Guarantee of Results

While DGFari Studio designs its Services to improve lead capture, response times, and digital presence, we do NOT guarantee any specific business outcomes, including but not limited to: a specific number of leads, closings, transactions, commissions, revenue, return on investment, search engine rankings, website traffic levels, or chatbot conversation volumes. Results vary based on numerous factors outside our control, including market conditions, your responsiveness to leads, pricing strategy, property inventory, and competitive dynamics.

4. FEES, PAYMENT, AND BILLING

4.1 Fees and Pricing

All fees for Services are set forth on our website, in your Service Agreement, or as otherwise communicated in writing. Prices are quoted in United States Dollars (USD) and are exclusive of all applicable taxes, unless expressly stated otherwise. We reserve the right to change our pricing at any time; however, pricing for Services under an executed Service Agreement shall remain fixed for the duration of that agreement.

4.2 One-Time Project Fees

One-time project fees for your selected Service Tier are due as follows:

Full Payment: Full payment of the one-time fee is due upon execution of the Service Agreement unless a payment plan is elected pursuant to Section 4.4.
Project Commencement: Work shall not commence until the initial payment (or first installment) has been received and cleared.
Late Payment: If payment is not received within seven (7) days of the due date, we reserve the right to suspend work on your project, withhold Deliverables, and charge a late fee of 1.5% per month (or the maximum amount permitted by law, whichever is less) on any outstanding balance.

4.3 Monthly Maintenance Fees

Monthly maintenance fees (“Subscription Fees”) are billed in advance on a recurring monthly basis, commencing thirty (30) days after project launch. The first month of maintenance is included in your one-time project fee.

Billing Cycle: Subscription Fees are billed on the same day each month (the “Anniversary Date”), corresponding to your project launch date.
Payment Method: You must provide and maintain a valid credit card, debit card, or bank account on file for automatic monthly billing.
Failed Payments: If a payment fails, we will attempt to process the payment up to three (3) times over a ten (10) day period. If payment remains unpaid after such period, we may suspend Services, disable access to your website or chatbot, and charge a $25 processing fee per failed transaction.
Price Changes: We may increase Subscription Fees upon sixty (60) days written notice. If you do not agree to the increased fees, you may cancel your Subscription in accordance with Section 11.

4.4 Payment Plans

We offer payment plans for one-time project fees as follows:

Available Terms: 3-month, 6-month, and 12-month payment plans at 0% interest.
Plan Selection: You must select your payment plan at the time of executing your Service Agreement. Payment plans cannot be modified after project commencement except in our sole discretion.
Plan Structure: The one-time project fee is divided into equal monthly installments, with the first installment due upon project commencement and subsequent installments due on the same day each month.
Default: If you fail to make two (2) consecutive installment payments, the entire remaining balance shall become immediately due and payable. We reserve the right to suspend all Services, including monthly maintenance, until the account is brought current.
Monthly Maintenance During Payment Plans: Monthly maintenance fees are billed separately from payment plan installments and are not subject to the payment plan.

4.5 Additional Fees and Expenses

You shall be responsible for the following additional fees and expenses:

Third-Party Costs: Fees for Third-Party Services (CRM subscriptions, MLS feeds, premium plugins, stock imagery, domain registration, premium fonts, etc.).
Additional Work: Any work requested that exceeds the scope of your Service Tier at our then-current hourly rate.
Rush Fees: Projects requiring completion in less than the standard timeline may be subject to a 25% rush fee.
Taxes: All applicable federal, state, and local taxes, including sales tax, use tax, and other government charges.

4.6 30-Day Satisfaction Guarantee and Refunds

We stand behind our work, and we would rather earn your trust than keep your money if you are unhappy. Our refund policy is designed to be fair, simple, and consistent with the guarantee we make on our website.

30-Day Satisfaction Guarantee: If you are not satisfied with our Services, you may request a refund of your one-time project fee within thirty (30) days of your project launch date. We will refund the one-time project fee you have paid, less any non-recoverable out-of-pocket costs we paid to third parties on your behalf (such as domain registration, premium plugins, stock imagery, or paid third-party subscriptions), which we will itemize for you. There is no administrative fee or cancellation fee.

How to Request a Refund: To request a refund under this guarantee, email [email protected] within the thirty (30) day window with a brief note letting us know. We will process approved refunds to your original payment method within fourteen (14) days.

After the Guarantee Period: After the thirty (30) day satisfaction period, one-time project fees are non-refundable, as the work has been completed and delivered. You may still cancel your monthly maintenance subscription at any time in accordance with Section 11.

Monthly Maintenance: There is no long-term contract. You may cancel your monthly maintenance subscription at any time as described in Section 11. We do not refund the portion of a billing period already in progress, but you will not be charged after the current period ends.

Payment Plans: If you are on a payment plan and request a refund within the thirty (30) day guarantee period, we will cancel all future installments and refund the installments you have already paid, less any non-recoverable third-party costs described above. If you cancel after the guarantee period, the work delivered has been completed, and your remaining obligations are as set out in your Service Agreement.

Results Are Not Guaranteed: This guarantee covers your satisfaction with our Services and Deliverables. As stated in Section 3.4, we do not and cannot guarantee specific business outcomes such as a particular number of leads, closings, or commissions, and this guarantee is not conditioned on the achievement of any such outcome.

Working It Out Together: If something is not right, please contact us before initiating a chargeback or dispute with your bank or card provider, and give us fourteen (14) days to make it right. We are a partner, not a faceless vendor, and nearly every concern is resolved quickly with a conversation. While a chargeback initiated without first contacting us is being reviewed, we may temporarily suspend Services, but doing so will never reduce or affect your rights under the 30-Day Satisfaction Guarantee above.

4.7 Price Adjustments and Renewals

Website Refresh Renewals: If you purchase an annual website refresh, the price for such refresh shall be based on our then-current pricing for The Presence tier, subject to any promotional pricing or locked rates specified in your Service Agreement.
Tier Upgrades: When upgrading from one Service Tier to a higher tier, you shall pay the difference between the one-time fees of the two tiers, plus any applicable setup fees. Your monthly maintenance fee shall be adjusted to the new tier rate.
Grandfathering: Clients who maintain continuous monthly maintenance subscriptions without interruption shall be grandfathered at their current monthly rate for a period of twenty-four (24) months from their project launch date, after which standard rates shall apply.

5. PROJECT TIMELINE AND DELIVERY

5.1 Standard Timelines

Standard delivery timelines for each Service Tier are as follows:

The Presence: Approximately two (2) weeks from project kickoff to launch.
The Growth System: Approximately three (3) weeks from project kickoff to launch.
Growth System Pro: Approximately three (3) to four (4) weeks from project kickoff to launch.
The Full Machine: Approximately four (4) to six (6) weeks from project kickoff to launch.

5.2 Project Kickoff

The project timeline begins on the “Kickoff Date,” which is the date on which:

Your Service Agreement is fully executed;
Your initial payment (or first installment) has been received and cleared;
You have completed and submitted all required onboarding questionnaires, brand materials, content, and Client Materials;
We have scheduled and conducted your discovery call.

If any of the above conditions are not met, the Kickoff Date shall be delayed until all conditions are satisfied. Delays caused by your failure to provide timely responses, feedback, or Client Materials shall extend the project timeline accordingly.

5.3 Client Responsibilities and Timely Feedback

Response Times: You agree to provide feedback, approvals, and requested materials within forty-eight (48) hours of our request. Failure to respond within this timeframe may result in project delays.
Revision Rounds: Each Service Tier includes a specified number of revision rounds as detailed in your Service Agreement. Additional revision rounds beyond the included amount shall be billed at our then-current hourly rate.
Approval Delays: If you fail to provide approval of a design, deliverable, or milestone within seven (7) days of our request, the project shall be deemed approved, and we shall proceed to the next phase.
Stalled Projects: If a project is stalled due to lack of Client response or materials for more than thirty (30) consecutive days, we reserve the right to:

(i) Place the project on hold and reallocate resources;

(ii) Charge a $500 project reactivation fee to resume work;

(iii) Terminate the project, in which case all fees paid shall be forfeited and no refund shall be issued.

5.4 Rush Delivery

Rush delivery (completion in less than the standard timeline) may be available for an additional fee of 25% of the one-time project fee, subject to our capacity and scheduling. Rush delivery must be agreed upon in writing before project kickoff.

5.5 Acceptance and Launch

Final Review: Upon completion of the project, we shall provide you with a final review period of five (5) business days.
Acceptance: Your approval or failure to object within the review period constitutes acceptance of the Deliverables.
Launch: Following acceptance, we shall deploy the website and activate all systems to your designated domain.
Post-Launch Support: The thirty (30) day period following launch constitutes the “Launch Support Period,” during which we shall address any bugs, errors, or issues with the Deliverables at no additional charge. This does not include new features, design changes, or scope additions.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Ownership of Deliverables

Upon full payment of all fees (including all one-time project fees and payment plan installments, if applicable), DGFari Studio hereby assigns to you all right, title, and interest in and to the final Deliverables specifically created for you as part of the Services, including:

The custom website design, layout, and front-end code (HTML, CSS, JavaScript);
Content specifically written or created for your website;
Custom graphics, images, and visual elements created specifically for your brand;
Chatbot scripts, conversation flows, and configurations customized for your business.

6.2 DGFari Studio Retained Rights

Notwithstanding Section 6.1, DGFari Studio retains all right, title, and interest in and to:

Our proprietary frameworks, templates, code libraries, software, tools, algorithms, and methodologies used to create the Deliverables;
Pre-existing Intellectual Property owned by DGFari Studio prior to your engagement;
Any general knowledge, skills, experience, or techniques acquired or developed during the provision of Services;
The right to use your project as a case study or portfolio piece, subject to the restrictions in Section 6.5;
All rights not expressly granted to you herein.

6.3 Third-Party Intellectual Property

The Deliverables may incorporate or rely upon third-party software, plugins, fonts, images, code libraries, and other materials that are subject to their own license terms (“Third-Party IP”). Your use of such Third-Party IP is governed by the respective third-party licenses. DGFari Studio does not transfer ownership of Third-Party IP to you.

6.4 Client Materials License

You hereby grant to DGFari Studio a limited, non-exclusive, royalty-free license to use, reproduce, modify, and display your Client Materials solely for the purpose of providing the Services and creating the Deliverables. You represent and warrant that you own or have obtained all necessary rights, licenses, and permissions to use and authorize DGFari Studio to use all Client Materials.

6.5 Portfolio and Marketing Rights

You grant DGFari Studio a perpetual, irrevocable, royalty-free license to:

Display screenshots, images, or descriptions of your project in our portfolio, case studies, and marketing materials;
Use your name, business name, and logo as a client reference, unless you notify us in writing within thirty (30) days of project completion that you do not wish to be identified as a client.

You may request confidential treatment of your project at any time by providing written notice, in which case we shall remove identifying information from public-facing materials within thirty (30) days.

6.6 Work for Hire Disclaimer

The parties acknowledge and agree that the relationship between them is that of independent contractor and client. Nothing in these Terms shall be construed to create an employer-employee relationship, partnership, joint venture, or agency relationship. No work shall be considered “work made for hire” under the Copyright Act of 1976 or any subsequent amendment.

7. CLIENT RESPONSIBILITIES AND OBLIGATIONS

7.1 Accurate Information

You are solely responsible for providing accurate, complete, and up-to-date information, including but not limited to: business information, contact details, branding guidelines, property listings, credentials, disclaimers required by law, and compliance with real estate regulations. DGFari Studio is not responsible for verifying the accuracy of any Client Materials or content provided by you.

7.2 Regulatory Compliance

You acknowledge that as a real estate professional, you are subject to various federal, state, and local laws, rules, and regulations, including but not limited to:

The Real Estate Settlement Procedures Act (RESPA);
The Fair Housing Act and related anti-discrimination laws;
State real estate licensing requirements and regulations;
National Association of Realtors (NAR) Code of Ethics;
State-level realtor association rules and requirements;
Advertising and marketing regulations applicable to real estate professionals;
Data privacy laws, including the California Consumer Privacy Act (CCPA) and any analogous Florida state laws.

DGFari Studio does not provide legal advice and is not responsible for ensuring that your website, chatbot, or marketing materials comply with any applicable real estate laws or regulations. You are solely responsible for reviewing and approving all content, disclaimers, and compliance elements before launch.

7.3 Access and Cooperation

You shall provide DGFari Studio with:

Timely access to necessary accounts, platforms, and systems (MLS, CRM, hosting, domain registrar, etc.);
Accurate login credentials and authorization to configure systems on your behalf;
Prompt responses to requests for feedback, approvals, and materials;
Reasonable cooperation and assistance as necessary for the performance of Services.

7.4 Domain and Hosting

You are responsible for:

Registering and maintaining your domain name registration;
Maintaining appropriate hosting arrangements (unless hosting is included in your Service Tier);
Renewing domain registrations and hosting subscriptions before expiration;
Pointing your domain’s DNS records to our servers as instructed.

Failure to maintain your domain or hosting may result in website downtime, for which DGFari Studio shall not be liable.

7.5 Backup of Data

You are responsible for maintaining backups of all Client Materials, content, and data provided to DGFari Studio. While we implement reasonable backup procedures for the Services we provide, we are not responsible for loss of your original data, files, or materials.

8. ARTIFICIAL INTELLIGENCE AND AUTOMATION

8.1 AI Technology Disclosure

DGFari Studio utilizes artificial intelligence and machine learning technologies, including but not limited to OpenAI’s GPT models, to provide certain features of the Services, including chatbot functionality, content generation, and automation. You acknowledge that:

AI-generated content may not always be accurate, complete, or appropriate for every situation;
AI chatbots should not be relied upon as the sole method of lead engagement and should be supplemented with human follow-up;
AI systems may occasionally produce outputs that are incorrect, misleading, biased, or inappropriate;
The performance of AI features depends on the quality and quantity of training data and inputs provided.

8.2 Client Responsibility for AI Outputs

You are solely responsible for:

Reviewing, editing, and approving all AI-generated content before publication or use;
Ensuring that chatbot responses comply with fair housing laws, anti-discrimination statutes, and real estate advertising regulations;
Monitoring chatbot interactions and intervening when necessary;
Training your team on the appropriate use and limitations of AI tools;
Any claims, damages, or liabilities arising from AI-generated content or chatbot interactions.

8.3 No AI Guarantees

DGFari Studio does not guarantee that AI features will achieve any specific level of accuracy, response quality, lead conversion rate, or customer satisfaction. AI performance may vary and may be affected by factors outside our control, including changes to underlying AI models by third-party providers.

8.4 Data Used for AI Training

We do not use your confidential data, client information, or proprietary business information to train general AI models. Any data provided to AI systems is processed in accordance with our Privacy Policy and applicable data protection laws.

9. WARRANTIES AND DISCLAIMERS

9.1 DGFari Studio Warranties

DGFari Studio warrants that:

The Services shall be performed in a professional and workmanlike manner consistent with industry standards;
The Deliverables shall substantially conform to the specifications set forth in your Service Agreement;
We have the right and authority to enter into these Terms and provide the Services;
The Deliverables, to our knowledge, shall not infringe upon the Intellectual Property rights of any third party, excluding Third-Party IP.

9.2 WARRANTY DISCLAIMER

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9.1, DGFARI STUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY RESULTS OR OUTCOMES WILL BE ACHIEVED THROUGH THE USE OF OUR SERVICES.

9.3 No Guarantee of Continuous Availability

We do not guarantee that your website, chatbot, or any Service will be available at all times. Services may be temporarily unavailable for maintenance, updates, or circumstances beyond our control. We shall use commercially reasonable efforts to provide advance notice of scheduled maintenance.

9.4 “As Is” and “As Available”

ALL SERVICES AND DELIVERABLES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

10. LIMITATION OF LIABILITY

10.1 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF DGFARI STUDIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO DGFARI STUDIO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

10.2 Exclusion of Consequential Damages

IN NO EVENT SHALL DGFARI STUDIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOST LEADS, LOST COMMISSIONS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COSTS OF SUBSTITUTE SERVICES, EVEN IF DGFARI STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Limitations Apply Regardless of Form of Action

The limitations set forth in Sections 10.1 and 10.2 shall apply regardless of whether the claim arises in contract, tort (including negligence), strict liability, breach of warranty, or any other legal or equitable theory, and shall survive any termination of these Terms.

10.4 Exceptions

The limitations in this Section 10 shall not apply to:

DGFari Studio’s indemnification obligations under Section 15;
Claims arising from DGFari Studio’s gross negligence or willful misconduct;
Claims that cannot be limited under applicable law.

11. SUBSCRIPTION, TERMINATION, AND CANCELLATION

11.1 Subscription Term

Monthly maintenance subscriptions are provided on a month-to-month basis unless otherwise specified in your Service Agreement.

11.2 Cancellation by You

Notice Required: You may cancel your monthly maintenance Subscription at any time by providing at least thirty (30) days written notice via email to [email protected].
Effective Date: Cancellation shall be effective at the end of the current billing period. No refund shall be provided for the current billing period.
Post-Cancellation: Upon cancellation:

(i) Your website shall remain live for thirty (30) days after the end of the current billing period, after which it may be taken offline;

(ii) Chatbot and automation services shall be deactivated;

(iii) You shall have thirty (30) days to export or transfer any data, content, or assets;

(iv) After the thirty (30) day transition period, DGFari Studio shall have no obligation to maintain, host, or preserve any of your data or Deliverables.

Reactivation: If you wish to reactivate after cancellation, a reactivation fee of $500 plus payment of all past-due amounts shall apply.

11.3 Termination by DGFari Studio

We may terminate or suspend your access to the Services immediately, without prior notice, for:

Material breach of these Terms;
Non-payment of fees that remains uncured for more than fifteen (15) days after written notice;
Engaging in unlawful, fraudulent, or abusive conduct;
Violation of applicable real estate laws or regulations;
Use of the Services in a manner that harms DGFari Studio’s reputation or business interests;
Upon insolvency, bankruptcy, or dissolution.

11.4 Effect of Termination

Upon termination or cancellation:

All rights and licenses granted to you under these Terms shall immediately terminate;
You remain liable for all fees and charges accrued prior to termination;
Sections 6 (Intellectual Property), 10 (Limitation of Liability), 14 (Confidentiality), 15 (Indemnification), and 20 (Dispute Resolution) shall survive termination;
We may delete or destroy all copies of your data and Deliverables in our possession after the thirty (30) day transition period.

11.5 No Refund Upon Termination

Termination by either party, whether voluntary or for cause, does not entitle you to any refund of fees paid, including prepaid Subscription Fees.

12. SERVICE LEVELS AND SUPPORT

12.1 Support Tiers

Support response times vary by Service Tier:

The Presence: Next business day response (Monday through Friday, 9:00 AM to 5:00 PM EST).
The Growth System: Next business day response (Monday through Friday, 9:00 AM to 5:00 PM EST).
Growth System Pro: Same business day response (Monday through Friday, 9:00 AM to 5:00 PM EST), within four (4) hours for urgent issues.
The Full Machine: Same business day response, within two (2) hours for urgent issues. Includes dedicated account manager access during extended hours (Monday through Friday, 8:00 AM to 7:00 PM EST).

12.2 What Constitutes Support

Support includes:

Troubleshooting bugs, errors, or malfunctions in Deliverables;
Answering questions about functionality and features;
Minor content updates within the scope of monthly maintenance (up to two hours for Presence, four hours for Growth System and Pro, eight hours for Full Machine);
Security updates and patch management;
Hosting and uptime monitoring.

12.3 What Does Not Constitute Support

The following are NOT included in support and shall be billed at our then-current hourly rate:

New features, functionality, or design changes;
Content updates exceeding the monthly included hours;
Integration with new third-party systems not included in the original scope;
Training beyond the initial onboarding session;
Issues caused by your modifications, third-party changes, or external factors outside our control.

12.4 Uptime Commitment

We target 99.5% uptime for hosted websites, excluding:

Scheduled maintenance windows (with advance notice);
Force Majeure Events;
Issues caused by Third-Party Services;
Issues caused by your actions or modifications.

No credits or refunds shall be issued for uptime falling below 99.5%.

13. DATA SECURITY AND PRIVACY

13.1 Data Handling

Our collection, use, and protection of your data and your customers’ data is governed by our Privacy Policy, which is incorporated by reference into these Terms.

13.2 Security Measures

We implement commercially reasonable security measures to protect your data, including:

SSL/TLS encryption for all websites;
Secure hosting infrastructure with firewalls and intrusion detection;
Regular security updates and patch management;
Access controls and authentication mechanisms;
Encrypted data transmission and storage.

13.3 Data Breach Notification

In the event of a security breach affecting your personal data, we shall notify you within seventy-two (72) hours of discovery, to the extent required by applicable law.

13.4 No Guarantee of Security

While we implement reasonable security measures, no system is completely secure. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your data for improper purposes. You acknowledge that you provide data at your own risk.

14. CONFIDENTIALITY

14.1 Definition of Confidential Information

“Confidential Information” means all non-public information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally, in writing, electronically, or by any other means, that is designated as confidential at the time of disclosure or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

14.2 Obligations of Confidentiality

The Receiving Party shall:

Maintain the Confidential Information in strict confidence;
Not disclose Confidential Information to any third parties except as necessary to perform obligations under these Terms;
Use Confidential Information solely for the purpose of performing obligations under these Terms;
Protect Confidential Information with at least the same degree of care used to protect its own confidential information, but in no event less than reasonable care.

14.3 Exceptions

The obligations in Section 14.2 shall not apply to information that:

Is or becomes publicly available through no breach of these Terms;
Was rightfully known to the Receiving Party prior to disclosure;
Is rightfully received from a third party without restriction;
Is independently developed by the Receiving Party without use of the Confidential Information;
Is required to be disclosed by law or court order, provided that the Receiving Party gives prompt notice to the Disclosing Party.

14.4 Duration

Confidentiality obligations shall survive termination of these Terms for a period of three (3) years.

15. INDEMNIFICATION

15.1 Indemnification by You

You agree to defend, indemnify, and hold harmless DGFari Studio, its officers, directors, employees, agents, contractors, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

Your use of the Services;
Your breach of these Terms;
Your violation of any applicable law, regulation, or third-party right;
Any content, data, or materials provided by you (Client Materials);
Any claims that your website, chatbot, or marketing materials violate fair housing laws, anti-discrimination laws, or real estate advertising regulations;
Any claims arising from AI-generated content or chatbot interactions;
Any negligence, willful misconduct, or fraudulent acts by you or your agents.

15.2 Indemnification by DGFari Studio

DGFari Studio agrees to defend, indemnify, and hold you harmless from and against any third-party claim that the Deliverables, as originally delivered, infringe upon a valid United States patent or copyright, provided that:

You promptly notify us in writing of the claim;
You cooperate fully in the defense;
We have sole control of the defense and settlement;
The claim does not arise from your modifications, combination with other products, or use outside the scope of these Terms.

If an injunction is threatened or obtained, we may, at our option: (i) obtain a license; (ii) modify the Deliverables to be non-infringing; or (iii) refund the fees paid for the infringing portion.

15.3 Exclusive Remedy

Section 15.2 states DGFari Studio’s entire liability and your sole and exclusive remedy for any Intellectual Property infringement claim.

16. NON-SOLICITATION AND PROTECTION OF PROPRIETARY MATERIALS

16.1 Non-Solicitation

During the term of these Terms and for a period of twelve (12) months thereafter, you agree not to directly solicit for employment or hire any DGFari Studio employee or contractor with whom you worked directly, without our prior written consent. This does not restrict general, publicly posted job openings or the hiring of any person who responds to such a posting on their own initiative.

16.2 Protection of Our Proprietary Materials

Our proprietary frameworks, templates, code libraries, automation systems, and methodologies are the foundation of our business and remain our property as described in Section 6. You agree not to copy, resell, redistribute, reverse engineer, or use our proprietary materials to build a competing product or service. This provision protects our intellectual property only. It does not restrict your right to operate or grow your own real estate business, or to work with any other vendor or service provider you choose.

17. PUBLICITY AND REFERENCES

You grant DGFari Studio the right to use your name, logo, and a brief description of the Services provided as a reference in our marketing materials, unless you provide written notice objecting to such use within thirty (30) days of project completion. You agree to provide a testimonial or case study participation if requested, subject to your approval of the final content.

18. ASSIGNMENT

You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without our prior written consent. Any purported assignment in violation of this Section shall be void. DGFari Studio may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

19. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performance under these Terms (other than payment obligations) due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of telecommunications infrastructure, or failure of internet service providers (each, a “Force Majeure Event”). In the event of a Force Majeure Event, the affected party shall promptly notify the other party and shall use commercially reasonable efforts to mitigate the effects of such event.

20. DISPUTE RESOLUTION AND GOVERNING LAW

20.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law principles.

20.2 Let Us Resolve It Together First

Before starting any formal proceeding, both parties agree to first try to resolve any dispute informally. You agree to contact us at [email protected] with a written description of the dispute, and we agree to work with you in good faith for at least thirty (30) days to reach a resolution. In our experience, the large majority of concerns are resolved at this stage.

20.3 Binding Arbitration

If a dispute cannot be resolved informally, you and DGFari Studio agree that it will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator, seated in Palm Beach County, Florida. The arbitrator may award the same individual relief that a court could. Arbitration is less formal and typically faster and less expensive than a lawsuit, and either party may participate by phone or video.

20.4 Exceptions to Arbitration

Notwithstanding Section 20.3, either party may: (a) bring an individual claim in a small claims court located in Palm Beach County, Florida, if the claim qualifies; or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or Confidential Information. These exceptions exist so that minor matters stay simple and urgent matters can be addressed promptly.

20.5 Individual Basis and Jury Waiver

To keep resolution fair, direct, and efficient for both parties, you and DGFari Studio agree that disputes will be brought in each party’s individual capacity, and not as a plaintiff or class member in any purported class or representative action. For any matter properly heard in court under Section 20.4, each party also waives the right to a trial by jury. If the individual-basis provision in this Section is found unenforceable as to a particular claim, that claim shall proceed in a court permitted under Section 20.2 rather than in arbitration.

21. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect. The invalidity of any provision shall not affect the validity of the remaining provisions.

22. WAIVER

No waiver of any provision of these Terms shall be effective unless in writing and signed by the waiving party. No failure or delay by either party in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise thereof.

23. HEADINGS

The headings and section titles in these Terms are for convenience and reference only and shall not affect the interpretation or construction of these Terms.

24. NOTICE

All notices required or permitted under these Terms shall be in writing and shall be deemed given: (a) when delivered personally; (b) three (3) business days after being sent by certified mail, return receipt requested; or (c) one (1) business day after being sent by email (with confirmation of receipt) to the addresses set forth in your Service Agreement or to [email protected] (for notices to DGFari Studio) and to the email address associated with your account (for notices to you).

25. COUNTERPARTS

These Terms may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Electronic signatures and electronic copies shall have the same legal effect as original signatures and paper copies.

26. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

DGFari Studio, LLC

Email: [email protected]

Website: www.dgfaristudio.com

BY PURCHASING, ACCESSING, OR USING ANY SERVICES PROVIDED BY DGFARI STUDIO, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.