Website Terms of Service

Welcome to Heartland Digital Studio. These Terms of Service ("Terms") govern your access to and use of the website located at https://www.heartlanddigitalstudio.com (the "Site") and the services provided by Heartland Digital Studio ("Company," "we," "us," or "our").

By accessing or using the Site (including by submitting a form, booking a call, or interacting with any tools made available on or through the Site), you agree to be bound by these Terms. If you do not agree, do not use the Site or interact with our tools.

1. Description of Services

Heartland Digital Studio provides web design, development, and digital marketing services designed for home service contractors and small businesses. Our services include, but are not limited to:

• Custom website design and mobile optimization.
• Search Engine Optimization (SEO) and reputation management.
• Digital marketing campaigns and lead generation.
• Client portal access for project management and billing.
• Lead capture and automated follow-up sequences.

1A. Prohibited Conduct

You agree not to (and not to attempt to):

• Access, scrape, crawl, harvest, or index the Site or any content using any automated means without our prior written permission.
• Use the Site or any of its forms to send spam or otherwise misuse communications features.
• Reverse engineer, copy, replicate, or create derivative works from any portion of our proprietary systems or content.
• Interfere with, disrupt, overload, or attempt to bypass any security, rate limits, access controls, or technical protections on the Site or connected systems.
• Use the Site in any way that violates applicable laws or infringes the rights of any person or entity.

2. Subscription and Payments

2.1 Recurring Fees

Our services are provided as a recurring subscription. By enrolling, you authorize Heartland Digital Studio to charge your provided payment method on a monthly or annual basis as agreed upon at checkout.

2.2 Non-Refundable

Unless otherwise stated in a specific Master Service Agreement (MSA), all subscription fees are non-refundable.

2.3 Cancellation

You may cancel your subscription at any time; however, access to our services and client portal will terminate at the end of your current billing cycle.

3. Intellectual Property Rights

3.1 Company Property

Heartland Digital Studio retains all rights, title, and interest in and to our proprietary systems, templates, designs, code, and any non-public know-how provided as part of our services (collectively, "HDS IP").

3.2 Client Property

You retain ownership of your trademarks, logos, and specific business data (e.g., photos of your job sites).

3.3 License

Upon payment of fees, we grant you a limited, non-transferable, non-sublicensable, revocable license to access and use the Site and the system for your internal business operations. This license expires upon termination of your subscription or for breach of these Terms.

4. SMS and Communication Compliance

4.1 Carrier Regulations

Our system utilizes SMS and MMS for "Missed Call Text-Back" and lead engagement. You agree to comply with all A2P 10DL messaging regulations and the TCPA.

4.2 Opt-In Requirements

You are responsible for ensuring that any lead data captured via our system has provided explicit consent to receive automated communications. Heartland Digital Studio is not liable for fines or penalties resulting from your failure to maintain proper opt-in records.

4.3 Lead Submission and Accurate Phone Numbers

If you submit a lead, inquiry, or request through the Site, you represent that (a) the contact information you provide is accurate and current, including your phone number, and (b) you are authorized to receive calls and texts at that number.

5. Disclaimer of Warranties

The Site and services are provided on an "AS IS" and "AS AVAILABLE" basis. Heartland Digital Studio makes no guarantees regarding:

• Specific search engine rankings (SEO).
• A guaranteed number of leads or "closed" jobs.
• 100% uptime, availability, deliverability, or error-free operation of any integrated third-party tools.

6. Limitation of Liability

To the maximum extent permitted by law, Heartland Digital Studio and its founder, Brendan Makidon, shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of data, or business interruption. Our total liability for any claim arising out of these Terms shall not exceed the amount paid by you to us during the three (3) months preceding the claim.

7. Indemnification

You agree to indemnify and hold harmless Heartland Digital Studio from any claims, damages, or legal fees arising from your use of the services, your violation of these Terms, or your infringement of any third-party rights.

8. Governing Law and Venue

These Terms are governed by the laws of the State of Michigan. Any legal action or proceeding shall be instituted in the state or federal courts located in or nearest to Gratiot County, Michigan, and you consent to personal jurisdiction and venue in such courts.

9. Contact Information

For questions regarding these Terms, please contact:

Heartland Digital Studio
Attn: Brendan Makidon
Alma, Michigan 48801
Email: legal@heartlanddigitalstudio.com
Website: www.heartlanddigitalstudio.com