Digital Whale DigitalWhale

Terms of Service

Effective: January 1, 2025 · Digital Whale LLC

1. Acceptance of Terms

By accessing or using Digital Whale LLC's website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our services. Our services include SEO audits, keyword research, content publishing, and ongoing SEO management ("Services").

2. Service Description

Digital Whale provides search engine optimization and AI search optimization services for businesses. Our Services include: • Weekly SEO-optimized blog content publishing • Technical SEO audits and implementation • Keyword research and content strategy • AI visibility tracking (ChatGPT, Perplexity, Google AI) • Position tracking and monthly reporting • Link building and off-page SEO Specific deliverables are defined in your chosen plan and any associated Statement of Work.

3. Account & Payment Terms

• All plans require a minimum 6-month initial commitment • Payments are billed monthly in advance •Plans begin on the date of your first payment • You authorize us to charge your payment method on a recurring monthly basis • All fees are non-refundable after 30 days from the billing date • We accept major credit cards and ACH transfer For Enterprise plans, payment terms are as specified in your individual contract.

4. Money-Back Guarantee

If we fail to achieve the agreed-upon performance metrics within the first 6 months of service, you may request a full refund of fees paid. To qualify: • You must have been on the service for the full 6-month period • All monthly payments must be current • Performance targets must have been agreed upon in writing before service start This guarantee does not apply if you cancel early, miss content approvals, or materially change your business that affects SEO performance.

5. Client Responsibilities

To deliver results, you agree to: • Provide timely access to your website, Google Analytics, and Search Console • Respond to content approval requests within 5 business days • Inform us of significant business changes (new locations, services, rebranding) • Maintain accurate contact information for your account Failure to provide timely access or approvals may delay results. We are not responsible for delays caused by client inaction.

6. Ownership of Content

• All content created by Digital Whale for your business is owned by Digital Whale LLC until all contract fees are paid in full • Upon full payment, you receive perpetual license to use the content we created for your site • We reserve the right to use anonymized examples of our work for marketing purposes • Third-party assets (stock photos, fonts) retain their respective licenses

7. Confidentiality

Both parties agree to keep confidential any proprietary business information shared during the engagement. This includes but is not limited to: business strategies, keyword data, traffic analytics, and customer information. This obligation survives termination of the agreement for a period of 3 years.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITAL WHALE LLC SHALL NOT BE LIABLE FOR: • Any indirect, incidental, special, or consequential damages • Loss of profits, revenue, data, or business opportunities • Results that depend on factors outside our control (Google algorithm changes, competitor actions, market conditions) Our total liability under any circumstances shall not exceed the total fees paid by you in the 12 months preceding the claim.

9. Termination

Either party may terminate with 30 days written notice after the initial 6-month commitment. Early termination by client: No refund of fees already billed. Remaining contract fees are due if terminating before the commitment period ends. Termination by Digital Whale: We reserve the right to terminate any engagement if the client engages in illegal activity, violates these terms, or engages in behavior detrimental to our team. Upon termination, all outstanding fees become immediately due.

10. Governing Law

These Terms shall be governed by the laws of the State of Florida, USA. Any disputes arising from these terms shall be resolved in the courts of Miami-Dade County, Florida. By using our Services, you consent to the exclusive jurisdiction of these courts.

11. Contact

Digital Whale LLC 1010 S Federal Hwy, 14th Floor Aventura, FL 33009 Email: [email protected]