Terms and Conditions

1. Introduction

Welcome to SMB Digital Solutions. These Terms and Conditions ("Terms") govern your use of our website (www.smbdigitalsolutions.com) and the services we provide. By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services.

2. Definitions

In these Terms:

• "Company," "we," "us," or "our" refers to SMB Digital Solutions.
• "Website" refers to www.smbdigitalsolutions.com.
• "Services" refers to all digital services, products, and solutions offered by SMB Digital Solutions.
• "User," "you," or "your" refers to any individual or entity accessing or using our Website or Services.
• "Content" refers to all information, text, graphics, images, videos, software, and other materials on our Website.

3. Use of Our Website and Services

3.1 Eligibility

You must be at least 18 years old to use our Website and Services. By using our Website and Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3.2 Account Registration

Some parts of our Website or Services may require you to create an account. When you register for an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Be responsible for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.3 Acceptable Use

When using our Website and Services, you agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use our Website or Services for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any part of our Website or Services
• Interfere with or disrupt the operation of our Website or Services
• Upload or transmit viruses, malware, or other malicious code
• Collect or harvest user data without permission
• Impersonate any person or entity
• Engage in any activity that could damage, disable, or overburden our Website or Services

4. Intellectual Property

4.1 Our Intellectual Property

All Content on our Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of SMB Digital Solutions or our content suppliers and is protected by copyright, trademark, and other intellectual property laws.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Website and Services for their intended purposes. This license does not include:

• Modifying or copying our Content
• Using our Content for commercial purposes
• Attempting to decompile or reverse engineer any software contained on our Website
• Removing any copyright or other proprietary notations
• Transferring the Content to another person or "mirroring" the Content on any other server

4.3 User Content

By submitting, posting, or displaying content on or through our Website or Services ("User Content"), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your User Content in any existing or future media.

You represent and warrant that:

• You own or have the right to use and authorize us to use your User Content
• Your User Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person

5. Services and Payments

5.1 Service Description

We provide various digital services for small and medium businesses, including but not limited to business automation, application development, product design, 3D modeling, design and SEO, and digital marketing. The specific details, features, and limitations of each service will be described on our Website or in a separate service agreement.

5.2 Fees and Payment

The fees for our Services are listed on our Website or will be provided to you in a quote or proposal. All fees are in US dollars unless otherwise specified. Payment terms will be specified in your invoice or service agreement.

You agree to provide accurate and complete payment information. We may use third-party payment processors, and your use of such services is subject to their terms and conditions.

5.3 Refunds

Our refund policy will be specified in your service agreement. In general, refunds are provided at our discretion and depend on the nature of the Services provided.

6. Disclaimers and Limitations of Liability

6.1 Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

6.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMB DIGITAL SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR WEBSITE OR SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR OUR WEBSITE OR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

7. Indemnification

You agree to indemnify, defend, and hold harmless SMB Digital Solutions, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of our Website or Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Your User Content

8. Termination

We may terminate or suspend your access to our Website or Services immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

Upon termination, your right to use our Website and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our Website and updating the "Last Updated" date at the top of these Terms.

Your continued use of our Website or Services after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you should discontinue your use of our Website and Services.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or our Website or Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wake County, North Carolina.

11. Miscellaneous

11.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions published on our Website, constitute the entire agreement between you and SMB Digital Solutions concerning your use of our Website and Services.

11.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions will continue in full force and effect.

11.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of SMB Digital Solutions.

11.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void.

12. Contact Us

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