Terms of Service

Welcome to YDA Digitals ("Company", "we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of https://ydadigitals.com/ (the "Website") and any related digital services, including web design, development, SEO, marketing campaigns, branding, consulting, and support (collectively, "Services"). By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree, please do not use our Website or Services.

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Website, you represent and warrant that you meet these requirements. If you are using on behalf of a business, you represent you have authority to bind that entity.

2. Services Overview

YDA Digitals offers digital solutions including but not limited to:

• Website design, development, and maintenance.
• Search engine optimization (SEO) and content marketing.
• Social media management and paid advertising (PPC).
• Branding, graphic design, and UX/UI consulting.
• Hosting, domain registration, and email setup (third-party integrations).

Specific deliverables, timelines, and pricing will be outlined in separate project agreements or Statements of Work (SOW). In case of conflict, the signed SOW prevails over these Terms.

3. User Accounts & Responsibilities

Some areas of our Website may require registration. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your login credentials and notify us of unauthorized access.
• Be fully responsible for all activities that occur under your account.
• Not share your account with third parties without our written consent.

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating any applicable law, regulation, or third-party rights.
• Attempting to interfere with the security, integrity, or performance of our Website or Services (e.g., hacking, DDoS).
• Uploading malware, viruses, or harmful code.
• Scraping, crawling, or using automated bots without prior permission.
• Impersonating YDA Digitals or misrepresenting your affiliation with us.
• Using our Services to send spam, fraudulent communications, or illegal content.

5. Intellectual Property Rights

Our Content: All materials on the Website, including text, graphics, logos, icons, images, code, and software, are the property of YDA Digitals or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without explicit written consent.

Client Content & Ownership: Any content, designs, or materials you submit to us remain your property. However, you grant YDA Digitals a non-exclusive, royalty-free license to use, reproduce, and modify such content solely to provide the Services. Upon full payment, custom deliverables (e.g., website code, design files) are assigned to you, subject to any third-party license terms (e.g., open-source libraries).

YDA Digitals' Right to Showcase: We may include your project in our portfolio, case studies, and marketing materials unless you explicitly opt out in writing.

6. Payments, Fees & Refunds

Fees for Services are outlined in your proposal or invoice. Unless otherwise agreed:

• A deposit or retainer may be required before work begins.
• Payments are due within the specified timeframe (typically net 15 or 30 days).
• Late payments may incur interest (1.5% per month or the maximum allowed by law).
• All fees are non-refundable, except as expressly stated in a separate agreement or if required by law.
• We reserve the right to suspend Services for non-payment.

Recurring services (e.g., hosting, SEO retainers) may be canceled with 30 days' written notice. No refunds for partial months.

7. Third-Party Links & Integrations

Our Website may link to third-party websites, plugins, or tools. We are not responsible for the content, privacy practices, or terms of those external sites. Your interactions with third parties are solely between you and them. We may integrate with platforms like WordPress, Shopify, Google Analytics, etc., but disclaim liability for their uptime or data breaches.

8. Disclaimer of Warranties

YDA DIGITALS PROVIDES THE WEBSITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES. NO ADVICE OR INFORMATION OBTAINED FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED.

We make no guarantees regarding SEO rankings, traffic increases, or specific business outcomes. Results vary based on many factors beyond our control.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YDA DIGITALS, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, DATA LOSS, BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO YDA DIGITALS DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, so these limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless YDA Digitals and its affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of: (a) your breach of these Terms; (b) your use of the Services in violation of law; (c) any content you submit; or (d) your infringement of third-party rights.

11. Termination

We may terminate or suspend your access to the Website or Services immediately, without notice, for any reason, including breach of these Terms. Upon termination, your right to use the Services ceases. Provisions that by their nature should survive termination (e.g., intellectual property, limitation of liability, indemnification) shall remain in effect.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any dispute arising from these Terms or your use of the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in Austin, Texas, unless otherwise agreed in writing. You waive the right to participate in class actions or class-wide arbitration. For small claims court disputes (under $5,000), either party may opt for an individual small claims action instead of arbitration.

Notwithstanding the foregoing, YDA Digitals may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

13. Force Majeure

We shall not be liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, internet outages, government actions, or pandemics.

14. Modifications to Terms

We reserve the right to update these Terms at any time. The revised version will be posted on this page with an updated "Effective Date". Continued use of our Website or Services after changes constitutes acceptance. Material changes will be notified via email or a prominent notice on our Website.

15. Entire Agreement & Severability

These Terms, together with our Privacy Policy and any signed SOW, constitute the entire agreement between you and YDA Digitals. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.

By using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms. Please also review our Privacy Policy.