Terms and Conditions for
3821 Digital Solutions LLC

Last Updated: May 19, 2025

Introduction

Welcome to 3821 Digital Solutions LLC (referred to as “3821 Digital Solutions,” “Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website and web application (collectively, the “Services”). By accessing or using our Services, you (the user, whether an individual or a business entity) agree to be bound by these Terms. If you do not agree, you must not use our Services.

These Terms constitute a legally binding agreement between you and 3821 Digital Solutions. Please read them carefully. They include important provisions regarding your permitted use of the Services, limitations of liability, and your obligations. They also incorporate our Privacy Policy (which explains how we collect and use your information) and our Accessibility Statement by reference. Your use of the Services signifies that you have read and agree to all of these terms and policies.

Eligibility and Age Requirements

U.S. Users Only: Our Services are currently offered only to users located in the United States. By using the Services, you represent and warrant that you are physically located in the United States. We make no representations that the Services are appropriate or available for use in other locations. Users who access the Services from outside the U.S. do so on their own initiative and are responsible for compliance with local laws.

Business Owners: The Services are intended for use by business owners or authorized representatives of businesses. By registering or using our Services, you represent that you are using the Services for business purposes and have the authority to bind the business entity, if applicable.

Age Requirement: You must be able to enter into a legally binding contract to use our Services. In general, this means you must be at least 18 years old (the age of majority in most U.S. states). If you are under 18, you are not permitted to create an account or use the Services on your own. However, if you are between 13 and 17 years old, a parent or legal guardian must create an account on your behalf and is required to manage all contracts, payments, and permissions for your use of the Services. The parent or guardian will be responsible for supervising your activities and ensuring compliance with these Terms. No one under age 13 may use the Services. We do not knowingly provide Services to, or collect personal information from, children under 13 years of age.

By using the Services, you represent that you meet the eligibility requirements above. If we discover that we have unknowingly collected information from an ineligible user (such as a minor under 13 or a user outside the U.S.), we reserve the right to terminate the account and delete any related information.

Account Registration and Security

To access certain features of our Services, you may need to create a user account. When creating an account, you agree to:

• Provide Accurate Information: You will provide true, current, and complete information about yourself (and your business, if applicable) as prompted by the registration form. This includes your correct name, business name, contact information (such as email, phone number, and address), and any other required details.
• Update Information: You will promptly update your account information if it changes, so that it remains accurate and current.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials (username and password). Do not share your account credentials with others. You agree to notify us immediately at mpeterson@3821digitalsolutions.com if you suspect any unauthorized access to or use of your account.
• Responsibility for Account Activity: You are responsible for all activities that occur under your account. If a parent or guardian creates an account for a minor authorized user, the parent/guardian assumes responsibility for all use of that account. We are not liable for any loss or damage arising from unauthorized use of your credentials, but you may be held liable for losses incurred by us or others due to such unauthorized use.

We reserve the right to refuse registration, suspend, or terminate your account at our discretion if any information provided is false, violates these Terms, or if we believe you have engaged in prohibited activities.

Permitted Uses of Our Services

Subject to your compliance with these Terms, 3821 Digital Solutions grants you a limited, non-exclusive, non-transferable, revocable license to access and use our website and web application for their intended purposes. The Services are provided for your lawful business use—such as managing your digital marketing, social media, AI automation, and related activities for your own business. You agree to use the Services only as allowed by these Terms and any applicable laws and regulations.

As a condition of use, you warrant that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Your use of the Services must not infringe or violate the rights of any other party.

Prohibited Conduct

When using our Services, you agree NOT to:

• Violate Laws or Rights: Use the Services in any manner that violates any applicable law or regulation, or infringes the rights of any person or entity (including intellectual property rights and privacy rights).
• Abusive or Harmful Behavior: Upload, post, or transmit any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable. You also agree not to use the Services to stalk, harass, or harm another individual, or to impersonate any person or entity.
• Interfere with the Services: Engage in any activity that could disable, overburden, or impair the proper working of the Services. This includes introducing viruses, worms, or any other malicious code, or bypassing any measures we use to secure or restrict access to our Services.
• Unauthorized Access: Attempt to gain unauthorized access to any portion of the Services, other user accounts, computer systems, or networks connected to the Services, through hacking, password mining, or any other means.
• Data Mining or Scraping: Use any robot, spider, script, or other automated means to access the Services for any purpose, including monitoring, scraping, or copying any material on the Services without our prior written consent.
• Misuse of Content: Copy, reproduce, modify, distribute, or create derivative works of any part of the Services or content provided by 3821 Digital Solutions or other users, except as expressly permitted. You may not remove or alter any copyright, trademark, or other proprietary notices from our content.
• Circumvent Limits: Attempt to circumvent any usage controls or limits placed on your account or on the Services (for example, using multiple accounts to bypass limitations).
• Unauthorized Commercial Use: Use the Services for any commercial purpose not expressly approved by 3821 Digital Solutions. This means you cannot resell our Services or use them to provide services to third parties (outside of authorized use for your own business) without our permission.

Engaging in any of the above prohibited conduct may result in suspension or termination of your account and access to the Services, and may also subject you to legal consequences. We reserve the right, but do not assume the obligation, to investigate and take appropriate action against anyone who, in our judgment, violates these Terms, including removing offending content, reporting you to law enforcement authorities, and terminating your account.

User Content and Intellectual Property

User Content: In the course of using our Services, you may upload, publish, or create content (for example, social media posts, text, images, or other materials) or provide us with content to post on your behalf (“User Content”). You retain all ownership rights in any User Content that you create or provide. By providing User Content through the Services, you grant 3821 Digital Solutions a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, and display your User Content only as necessary to provide the Services to you. For example, this license allows us to store your content on our servers, format it for display, and transmit it to third-party platforms (such as social media sites) at your direction. We will not use your User Content for any purposes other than delivering and improving our Services, and we will not claim ownership over your content.

User Content Responsibilities: You are solely responsible for all User Content that you submit or transmit via our Services. By providing any User Content, you represent and warrant that: (a) you own or have all necessary rights and permissions to submit the content and to grant us the license above; (b) the content is accurate (to the best of your knowledge) and not confidential or proprietary to a third party; and (c) the content, and your provision of it through the Services, does not violate any law or these Terms or infringe any person’s rights (including intellectual property, privacy, and publicity rights). You agree that if any of your User Content is found to violate these Terms or any law, 3821 Digital Solutions may remove or disable access to that content and may suspend or terminate your use of the Services.

Content Monitoring: We do not pre-screen User Content, and we are not responsible for the content that users post or otherwise make available via the Services. However, we reserve the right (but are not obligated) to monitor the Services for compliance with these Terms and to remove or disable any content or user account as we deem appropriate to enforce these Terms. You understand that when using the Services, you may be exposed to content from other users that might be offensive, inaccurate, or otherwise objectionable. You agree that we are not liable for any harm caused by such third-party content.

Intellectual Property (Our Content): All content and materials available on our website and web application, including but not limited to text, graphics, logos, button icons, images, audio clips, videos, software, and design (“Site Content”), are the property of 3821 Digital Solutions or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, or other intellectual property laws. 3821 Digital Solutions and its associated logos, product and service names, and slogans are trademarks of the Company. You do not acquire any ownership rights in the Site Content by using our Services. We grant you a limited license to view and use the Site Content for your personal or internal business use while using the Services, but you may not copy, reproduce, distribute, or create derivative works from our Site Content without our express written permission, except as allowed by law or expressly permitted by our Services (such as sharing functions provided within the platform).

Any feedback, suggestions, or ideas you provide to us regarding the Services (“Feedback”) is entirely voluntary. By providing Feedback, you grant us a perpetual, sublicensable, royalty-free license to use and incorporate that Feedback into our Services or business operations without any obligation to you.

Third-Party Services and Links

Our Services may integrate with or provide you the ability to connect to third-party services and tools. For example, 3821 Digital Solutions may utilize third-party platforms such as Stripe for payment processing, Zoom for video conferencing, Calendly for scheduling appointments, or social media platforms (Facebook, Instagram, Twitter, etc.) to post content on your behalf when you choose to do so. Additionally, we may use third-party analytics services to understand how users interact with our site.

Third-Party Terms: When you use these third-party services through our platform, you understand that each third-party service is governed by its own terms and privacy policy, not by 3821 Digital Solutions’ Terms or Privacy Policy. For example, if you connect your account to a Zoom meeting through our site, the use of Zoom is subject to Zoom’s user agreements and policies. We encourage you to review the terms and policies of any third-party service you access through our Services.

Authorization: By linking your accounts or using our integrations with third-party providers, you are authorizing 3821 Digital Solutions to share certain data (such as your name, email, or relevant account information) with those providers as necessary to perform the requested service (e.g., processing a payment or scheduling a meeting). For instance, if you schedule a consultation via Calendly on our site, we will share the information needed to book that appointment. If you choose to connect a social media account, we will store the access tokens or credentials you provide and use them to post content or retrieve analytics from those social platforms only at your direction and for the purposes of our Services.

No Endorsement or Control: We do not endorse or assume any responsibility for any third-party websites, products, or services that may be linked or integrated with our Services. We have no control over the content or operations of these third parties and shall not be liable for any damages or loss caused by your interaction with them. Any dealings you have with third parties while using our Services are between you and the third party, and you agree that 3821 Digital Solutions is not responsible for any loss or claim you may have against a third party.

Service Availability: Your use of third-party services may impact the availability and functionality of our Services. You agree that 3821 Digital Solutions is not liable for any interruption or degradation of our Services caused by third-party services or integration issues. If a third-party service discontinues or changes its integration with our platform, we will try to update our Services accordingly, but we cannot guarantee continued compatibility or availability of any particular third-party feature.

Payments and Fees

(If you purchase products or services through our website or application, the following terms apply.)

Some features or services we offer may require payment. For example, we may charge fees for certain digital solutions, subscription services, or consulting packages. All payments are handled through secure third-party payment processors (such as Stripe). When you provide payment information (like credit card details) to make a purchase, that information is collected and processed by our payment processor, not by us, and is subject to the payment processor’s privacy policy and terms. We do not store your sensitive payment card details on our servers.

By making a purchase, you agree to pay any applicable fees and taxes and to abide by the terms of sale presented to you at the time of purchase. All fees are in U.S. dollars unless otherwise indicated. If your payment method fails or your account is past due, we may suspend or cancel your access to the paid features until payment is processed. Some fees may be recurring (e.g., subscription fees), and by signing up for those services, you authorize us (or our payment processor) to charge your payment method periodically, until you cancel the service.

All purchases are subject to our cancellation and refund policies (if any are provided at the time of purchase or in a separate refund policy). We reserve the right to change our fees or introduce new fees for additional services, but we will give you advance notice of any changes to the pricing of services you’re currently using.

Privacy

Your privacy is very important to us. Our Privacy Policy explains what information we collect from you and how we use, share, and protect that information. By using our Services, you consent to the collection and use of information as outlined in the Privacy Policy. This includes the use of cookies and similar tracking technologies.

Key points from our Privacy Policy (for convenience, not as a substitute for the full policy) include:

• We collect certain personal information (like your name, email, phone number, business details, address, date of birth, social media account tokens, content you submit, and usage analytics) when you use our Services.
• We use this information internally to provide and improve the Services, to communicate with you, and to fulfill your requests. We do not sell your personal data to third parties.
• We share your information only with third parties that are necessary to deliver our Services (such as payment processors, scheduling and meeting platforms, analytics providers, or social media services you connect) and only as described in the Privacy Policy.
• We use cookies and tracking tools to enhance your experience and analyze usage; you can manage cookie preferences through your browser settings.
• We take reasonable measures to secure your data, but no system is 100% secure.
• If you’re under 18, a parent or guardian must supervise your use (as described in these Terms), and we do not knowingly collect data from anyone under 13.
• You have certain rights regarding your data (such as accessing or deleting your information), and you can contact us to exercise those rights or if you have privacy questions.

Please review the full Privacy Policy for detailed information. If you have questions about how we handle data, you can contact us at mpeterson@3821digitalsolutions.com.

Disclaimers of Warranties

“As Is” Basis: Our Services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. 3821 Digital Solutions, to the fullest extent permitted by law, disclaims all warranties, express, implied, or statutory, with respect to the Services. This includes (but is not limited to) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not guarantee that the Services will be uninterrupted, error-free, or completely secure. While we aim to provide a useful and reliable service, we make no warranty that:

• The Services will meet your specific requirements or expectations.
• The Services will be available on an uninterrupted, timely, secure, or error-free basis.
• The information or results that you may obtain from the use of the Services will be accurate, complete, or reliable. (For example, any analytics or automated decisions made by our AI tools are provided for your reference and should be independently verified for accuracy.)
• Any errors or defects in the operation of the Services will be corrected.

No Liability for Third-Party Services: We make no warranties regarding any third-party services or content that you access through our platform. Your use of third-party services (such as Stripe, Zoom, Calendly, social media platforms, etc.) is at your own risk and subject to the terms provided by those third parties. We are not responsible for the acts or omissions of third-party providers.

No Advice or Results Guarantee: Any business or marketing advice, AI-driven recommendations, or other information that you receive from 3821 Digital Solutions through the Services is for general informational purposes. Your use of any such advice or information is at your own risk, and you understand that outcomes may vary. We do not guarantee any specific results (such as increased revenue, website traffic, or social media engagement) from your use of the Services.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, any warranties required by law are limited in duration to 30 days from the date of first use of the Services.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will 3821 Digital Solutions or its owners, officers, employees, contractors, affiliates, or agents be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages whatsoever. This includes, without limitation, damages for lost profits, lost revenue, lost business opportunities, loss of data, or other intangible losses arising out of or related to your use of (or inability to use) the Services, even if we have been advised of the possibility of such damages.

In no event will our total cumulative liability for any claims arising out of or related to these Terms or the Services exceed the amount you paid to 3821 Digital Solutions for the specific service in question in the 12 months preceding the event giving rise to the liability, or one hundred U.S. dollars (USD $100) if no fees were paid (whichever is greater). This limitation applies whether the claims are based in contract, tort (including negligence), strict liability, or any other legal theory.

Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by law. In those cases, our liability will be limited to the minimum extent permitted by law.

You agree that any claim or cause of action arising out of your use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or else it will be permanently barred. (This time limitation may not apply in certain states which do not allow shortening of the statutory limitations period.)

Indemnification

You agree to indemnify, defend, and hold harmless 3821 Digital Solutions LLC and its owners, officers, employees, agents, affiliates, and contractors (“Indemnified Parties”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys’ fees) that arise out of or relate to: (a) your use of the Services in violation of these Terms or any law; (b) your breach of these Terms or of any representations or warranties made by you herein; (c) any content you submit (User Content) or actions you take through the Services, including any actual or alleged infringement or violation of any third-party rights by that content or action; or (d) your misuse of any third-party services or violation of the terms of any third-party service accessed through our platform.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do so, you agree to cooperate with our defense of that claim. You agree not to settle any such matter without the prior written consent of 3821 Digital Solutions. This indemnification obligation will survive any termination of your account or these Terms.

Termination of Services

By You: You may stop using our Services at any time. If you wish to terminate your account, you can do so by contacting us or by using any account deletion or deactivation functionality we provide. Termination of your account will not relieve you of any obligation to pay any fees accrued or due to 3821 Digital Solutions prior to termination.

By Us: We reserve the right to suspend or terminate your access to the Services (or any part thereof) at our discretion, with or without notice, for any of the following reasons: (a) your breach of these Terms or any other policies incorporated herein (including the Privacy Policy or Accessibility Statement); (b) your violation of any applicable law or regulation in connection with your use of the Services; (c) unexpected technical or security issues or problems; (d) your engagement in fraudulent or illegal activities, or activities that, in our sole discretion, may cause liability for us or others; or (e) if we decide to discontinue the Services or a portion thereof. We will make a reasonable effort to notify you of any suspension or termination, when feasible.

Effect of Termination: Upon termination for any reason: (i) all rights and licenses granted to you under these Terms will immediately cease; (ii) you must stop all use of the Services; and (iii) we may, at our discretion, delete or deactivate your account and delete your User Content from our systems (except to the extent we are obligated or permitted by law to retain it, or as otherwise addressed in our Privacy Policy). Please note that termination of your use of the Services will not delete any content you have already posted to third-party platforms (for example, social media posts made through our Services); you will need to manage or remove those directly on the third-party platform if desired.

Even after termination, the provisions of these Terms which by their nature should survive (such as Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution, and any obligations to pay fees) will remain in effect.

Changes to These Terms

We may update or modify these Terms from time to time. When we do, we will post the revised Terms on our website and update the “Last Updated” date at the top of the document. If the changes are significant, we will provide a more prominent notice (such as a banner on our site or an email notification, if appropriate). It is your responsibility to review these Terms periodically.

Your continued use of the Services after any changes to the Terms means you accept and agree to the updated Terms. If you do not agree with the revised Terms, you must stop using the Services and, if applicable, cancel your account.

Governing Law and Dispute Resolution

Governing Law: These Terms and any dispute arising out of or related to the Services or your relationship with 3821 Digital Solutions shall be governed by and construed in accordance with the laws of the State of Colorado and the federal laws of the United States of America, without giving effect to any conflict of law principles that would result in the application of the laws of another jurisdiction. We operate out of Monument, Colorado, and that is the designated location for purposes of these Terms.

Jurisdiction and Venue: You agree that any dispute or claim arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in the State of Colorado. You hereby consent to the personal jurisdiction of those courts and waive any objections to the inconvenient forum. (If you are a consumer located in a state that prohibits required venue in another state, this provision may not apply to you; but in all other cases, Colorado courts will have exclusive jurisdiction.)

Dispute Resolution Efforts: Before filing any legal action, we strongly encourage you to contact us to discuss the matter. Many user concerns can be resolved quickly and to the customer’s satisfaction by contacting our support team at mpeterson@3821digitalsolutions.com. We are open to voluntary mediation or other alternative dispute resolution methods if a mutual agreement can be reached, but such methods are not required by these Terms.

No Class Actions: To the extent permitted by law, you and 3821 Digital Solutions agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. This means you are agreeing not to participate in class actions against us. A judge may decide that this subsection is not enforceable or that it does not apply to you, but our intent is to resolve disputes only on an individual basis.

Miscellaneous Provisions

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be eliminated or limited to the minimum extent such that the remainder of the Terms will continue in full force and effect. In other words, the invalid part will be removed, but the rest of this agreement remains binding and enforceable.

No Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. If we do not act immediately in response to a violation by you or others, it does not mean we are giving up any rights under these Terms, and we may still take action at a later point.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent is void. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law, or any other transaction, and such assignment will not require your consent.

Entire Agreement: These Terms, together with our Privacy Policy, Accessibility Statement, and any additional guidelines or policies we provide for specific services or features, constitute the entire agreement between you and 3821 Digital Solutions regarding your use of the Services. They supersede all prior agreements, understandings, or representations on the same subject matter. You acknowledge that you have not relied on any representation or statement not explicitly set forth in these Terms.

Relationship of Parties: These Terms do not create any agency, partnership, joint venture, or employment relationship between you and 3821 Digital Solutions. You and the Company are independent contractors, and neither party has any authority to bind the other or act on the other’s behalf.

Contact Information: If you have any questions, concerns, or comments about these Terms or the Services, you can contact us at:

• Email: mpeterson@3821digitalsolutions.com
• Phone: (970) 690-6655

We value your feedback and will do our best to address your inquiry promptly.

Thank you for reading these Terms and for using 3821 Digital Solutions. We appreciate your trust and the opportunity to serve your business needs.

‍