Terms of Service

Effective date: November 25, 2025

These Terms of Service (“Terms”) govern your access to and use of the website, content, and services provided by Simply Digital (“Simply Digital,” “we,” “us,” or “our”). By accessing or using our website (the “Site”) or by engaging with our services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Site or our services.

1. Who We Are

Simply Digital is an Illinois-based marketing and growth partner that operates Simply Digital OS and an AI Revenue Engine on top of clients’ CRMs, calendars, call tracking, and ad platforms. We focus on service and high-ticket businesses, helping them understand and improve unit economics, funnels, and paid media performance.

We provide strategic consulting, marketing services, analytics and reporting, and related technology-enabled services (collectively, the “Services”). Some Services may be delivered through third-party platforms (for example, advertising, CRM, call tracking, and analytics tools).

2. Acceptance of Terms

By visiting the Site, submitting a form (for example, a contact form, talent form, or Revenue Decision Review form), scheduling a call, or otherwise using the Services, you confirm that:

You have read, understood, and agree to these Terms;
You are at least 18 years old (or the age of majority in your jurisdiction); and
If you are acting on behalf of a company or other legal entity, you have authority to bind that entity to these Terms.

Additional written agreements (for example, proposals, order forms, statements of work, data processing agreements, or service contracts) may apply to specific engagements. If there is a conflict between these Terms and a signed written agreement, the signed written agreement will generally control for that engagement.

3. Changes to These Terms

We may update these Terms from time to time. When we do, we will change the “Effective date” at the top of this page. If we make material changes, we may provide additional notice (such as a prominent notice on the Site). Your continued use of the Site or Services after any changes means you accept the revised Terms.

4. Use of the Site

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your internal business purposes and to evaluate or engage with our Services.

4.1 Prohibited Uses

You agree not to use the Site or Services:

For any unlawful purpose or in violation of any applicable law or regulation (including marketing, advertising, and privacy laws);
To infringe the rights of others, including intellectual property, privacy, or publicity rights;
To upload, transmit, or distribute viruses, malware, or other harmful code;
To attempt to gain unauthorized access to any systems, networks, or data;
To scrape, crawl, or use automated means to access the Site in a manner that burdens or disrupts our infrastructure (other than standard search engine indexing);
To misrepresent your identity, your affiliation with a person or entity, or your authority to bind a company; or
To copy, modify, distribute, sell, lease, or reverse-engineer any part of the Site except as expressly permitted by law and these Terms.

5. Accounts, Forms & Submissions

Certain parts of the Site may allow you to submit information (for example, to request a Revenue Decision Review, join the talent bench, subscribe to the newsletter, or contact us). When you do so, you agree that:

All information you provide is accurate, complete, and up to date to the best of your knowledge;
You will not submit information about another person or business without proper authority; and
You understand that we may use the information you provide in accordance with our Privacy Policy.

We reserve the right (but have no obligation) to refuse, limit, or terminate access to the Site or Services, including in response to inaccurate or misleading submissions or misuse of the Site.

6. Services, Engagements & No Guaranteed Results

Simply Digital operates in markets where performance depends on many factors outside our control, including your internal sales processes, market conditions, competitors, and platform policies. Unless explicitly stated in a signed agreement:

Our Services are provided on a best-efforts basis;
We do not guarantee specific outcomes (for example, a fixed number of leads, revenue, or return on ad spend); and
Case studies, examples, and testimonials are illustrative only and do not guarantee similar results for you.

Specific scopes of work, deliverables, fees, and timelines are defined in proposals, statements of work, or order forms (collectively, “Order Documents”). Your use of our paid Services is subject to those Order Documents in addition to these Terms.

7. Fees, Invoices & Payment

For paid engagements, the applicable fees, billing cycle, and payment terms will be outlined in the relevant Order Document or invoice. Unless otherwise stated:

Fees are quoted and payable in U.S. dollars;
Invoices are due upon receipt or within the time frame stated on the invoice;
You are responsible for all applicable taxes, except those based on our net income; and
Fees are generally non-refundable, except as explicitly set out in the Order Document or required by law.

We may suspend or terminate Services for non-payment, subject to any notice and cure periods set forth in a signed agreement.

8. Intellectual Property

8.1 Our Content

The Site and its contents (including text, graphics, logos, designs, case studies, frameworks, and software) are owned by or licensed to Simply Digital and are protected by intellectual property laws. Except as expressly allowed by these Terms, you may not copy, reproduce, modify, distribute, or create derivative works based on our content without our prior written consent.

8.2 Client Work Product

For paid client engagements, ownership of deliverables (for example, ad copy, landing pages, reports, and dashboards) will be defined in the applicable Order Document. In many cases, you will own or have a license to use the deliverables for your internal business purposes, while we retain rights to underlying methodologies, frameworks, and tools used to create them.

8.3 Feedback

If you provide feedback, ideas, or suggestions about the Site or Services (“Feedback”), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use that Feedback for any lawful purpose, without obligation to you.

9. User Content & Confidentiality

Any business information, data, or materials you share with us (for example, via forms, intake documents, or during engagements) may be used to:

Evaluate your fit for our Services;
Plan and deliver Services to you, if you become a client; and
Operate and improve our processes, in accordance with our Privacy Policy and contractual obligations.

We treat client-specific information shared with us in the course of an engagement as confidential and will not disclose it to third parties except as needed to provide Services, comply with law, or with your consent, subject to any confidentiality obligations in a signed agreement.

10. Third-Party Services & Platforms

Our Services often involve integrating with or operating on third-party platforms (for example, advertising platforms, analytics, CRM, call tracking, or scheduling tools). Those platforms are governed by their own terms and privacy policies, which you are responsible for reviewing and complying with.

We do not control and are not responsible for the availability, accuracy, or performance of third-party platforms. Changes made by third parties (for example, policy updates or system changes) may impact campaigns or workflows, and we cannot guarantee uninterrupted or unchanged access to those platforms.

11. Privacy & Data Protection

Your use of the Site and our handling of personal information are also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully to understand how we collect, use, and safeguard personal information.

Where we process data on behalf of clients (for example, running campaigns using a client’s CRM or call tracking data), our role and obligations will be defined in separate contracts and, where applicable, data processing agreements.

12. Disclaimers

The Site and Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, we do not warrant that:

The Site or Services will be uninterrupted, secure, or error-free;
Defects will be corrected; or
Any results (including leads, revenue, or performance metrics) will meet your expectations or any stated benchmarks.

Any decisions you make based on information provided by Simply Digital, including case studies, reports, or analytics, are your responsibility. We are not providing legal, tax, accounting, or medical advice, and you should consult appropriate professionals for those matters.

13. Limitation of Liability

To the maximum extent permitted by law, Simply Digital and its owners, employees, and contractors will not be liable for any:

Indirect, incidental, consequential, special, exemplary, or punitive damages;
Loss of profits, revenue, goodwill, or data; or
Business interruption or other commercial damages or losses,

arising out of or in connection with your use of (or inability to use) the Site or Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.

To the extent any liability is found notwithstanding the above, our total aggregate liability to you for any and all claims arising out of or related to these Terms, the Site, or the Services will be limited to the greater of: (a) the amount you paid to Simply Digital for Services in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (USD $100), whichever is greater.

Some jurisdictions do not allow limitations on certain damages, so some of the above limitations may not apply to you. In such cases, the limitations shall apply to the fullest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Simply Digital and its owners, officers, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

Your use of the Site or Services in violation of these Terms;
Your violation of any applicable law or the rights of any third party; or
Any content or information you submit to us, including any misrepresentations or omissions.

15. Governing Law & Dispute Resolution

These Terms and any disputes arising out of or relating to them, the Site, or the Services will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms will be brought exclusively in the state or federal courts located in Cook County, Illinois, and you consent to the personal jurisdiction of such courts.

Before initiating any formal legal action, you agree to first contact us and attempt to resolve the dispute informally in good faith. Nothing in this section prevents either party from seeking injunctive or equitable relief to protect its rights pending resolution.

16. International Use

The Site and Services are controlled and operated from the United States. We make no representations that the Site or Services are appropriate or available for use in other locations. If you access the Site or use the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

17. Suspension & Termination

We may suspend or terminate your access to the Site or Services at any time, with or without notice, if we believe you have violated these Terms or applicable law, or if we discontinue the Site or Services. Certain provisions of these Terms (including intellectual property, disclaimers, limitations of liability, and indemnification) will survive termination.

18. Miscellaneous

Entire agreement: These Terms, together with any applicable Order Documents and our Privacy Policy, constitute the entire agreement between you and Simply Digital regarding the Site and Services, unless superseded by a signed contract.
Severability: If any provision of these Terms is found to be unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
No waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.
Force majeure: We are not liable for any failure or delay in performance resulting from events beyond our reasonable control, including natural disasters, acts of government, failure of telecommunications or networks, or other force majeure events.

19. Contact Us

If you have any questions about these Terms or the Site, please contact us using the contact form or email address listed on the Site and indicate that your message is about “Terms of Service.”

These Terms of Service are provided for general informational purposes and do not constitute legal advice. You should consult with legal counsel to adapt these Terms to your specific business model, risk profile, and regulatory obligations, including Illinois and other applicable state and federal laws.