Terms of Service | Digital Gato

Effective Date: November 3, 2025 | Last Updated: November 3, 2025

1. AGREEMENT TO TERMS

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client” or “you”) and Digital Gato LLC, a Wyoming Limited Liability Company (“Company,” “we,” “us,” or “our”), concerning your purchase and use of our services. By purchasing any service or paying any invoice, you agree to be bound by these Terms.

2. COMPANY INFORMATION

Digital Gato LLC
30 N Gould St Ste R
Sheridan, WY 82801
Email: hello[at]digitalgato.com

3. SERVICES PROVIDED

Digital Gato LLC provides:

Marketing Automation Services: Design and implementation of automated marketing workflows using Make.com, Zapier, and related platforms
Website Development: Design, development, and deployment of websites on various platforms including WordPress, Shopify, Framer, and custom HTML/CSS/JS
Consulting Services: Strategic guidance on marketing automation and digital presence

4. SCOPE OF WORK

Projects Under $1,000:

Scope as defined in the Stripe invoice or payment link description
Includes one (1) round of revisions unless otherwise specified
Additional revisions billed at $150/hour
Delivery within timeframe specified in invoice

Projects $1,000 and Above:

Requires separate Service Agreement and Statement of Work (SOW)
Revision rounds as specified in the SOW
Custom timeline as agreed in SOW

5. PAYMENT TERMS

Projects under $1,000: 100% payment required upfront
Projects $1,000-$3,000: 50% deposit, 50% upon completion
Projects over $3,000: 40% deposit, 30% at midpoint, 30% upon completion
Monthly Retainers: Billed monthly in advance on the 1st of each month
Payment Methods: Stripe, wire transfer, or ACH
Late Payments: Subject to 1.5% monthly interest after 7 days past due

6. DELIVERY AND TIMELINE

48-Hour Sprints: Delivered within 2 business days of payment receipt
Standard Projects: Timeline as specified in invoice or SOW
Timeline begins after: (1) payment received, and (2) all required materials and access provided
Delays caused by Client may extend delivery timeline

7. CLIENT OBLIGATIONS

Client agrees to:

Provide timely access to necessary accounts and platforms
Supply required content, logos, and brand materials
Provide feedback within 2 business days
Designate single point of contact for approvals
Ensure legal right to use all provided materials

8. INTELLECTUAL PROPERTY RIGHTS

Client Ownership: Upon final payment, Client owns all custom work created specifically for their project
Company Rights: We retain all rights to our pre-existing materials, templates, methodologies, and frameworks
License to Company: Client grants us a non-exclusive, perpetual license to use the work for portfolio and marketing purposes
Third-Party Materials: Subject to their respective licenses

9. OWNERSHIP AND ACCESS

All automations are built under Client’s accounts when feasible
Client receives full administrative access upon final payment
Company maintains access for 30-day support period unless Client requests removal
Documentation and training materials included with all projects

10. WARRANTY AND SUPPORT

30-day warranty period from delivery date for bug fixes
Warranty covers defects in our work, not third-party platform changes
Post-warranty support available at $150/hour or monthly retainer
Emergency support available at $250/hour

11. REFUND POLICY

Full refund if work has not commenced (24-hour window from payment)
Partial refund for incomplete work (prorated based on completion)
No refunds after delivery and Client approval
Refund requests must be submitted within 7 days of delivery

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Company’s total liability shall not exceed the total amount paid for the specific service
Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages
Company is not responsible for third-party platform changes, outages, or policy modifications
Company makes no guarantees regarding marketing results or business outcomes

13. CONFIDENTIALITY

Both parties agree to maintain confidentiality of proprietary information, except for information that:

Is or becomes publicly available through no breach of this agreement
Was rightfully known before disclosure
Is independently developed without use of confidential information
Is required to be disclosed by law

14. TERMINATION

Either party may terminate services with written notice
Client remains responsible for payment of work completed
Deposits are non-refundable after work commences
Upon termination, each party shall return confidential materials

15. INDEMNIFICATION

Client agrees to indemnify, defend, and hold harmless Digital Gato LLC from any claims, damages, or expenses arising from:

Client’s use of the services
Violation of these Terms
Infringement of third-party rights
Content or materials provided by Client

16. DISPUTE RESOLUTION

Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. The arbitration shall be conducted in Wyoming or via video conference. Each party bears its own costs.

17. GOVERNING LAW

These Terms are governed by the laws of the State of Wyoming, without regard to conflict of law principles. Any legal action shall be brought in the courts of Wyoming.

18. GENERAL PROVISIONS

Entire Agreement: These Terms and any SOW constitute the entire agreement
Amendments: Must be in writing and signed by both parties
Severability: Invalid provisions shall not affect remaining Terms
Waiver: No waiver unless in writing
Force Majeure: Neither party liable for delays due to circumstances beyond reasonable control

19. CONTACT INFORMATION

For questions about these Terms, contact:
Digital Gato LLC
Email: hello[at]digitalgato.com
Address: 30 N Gould St Ste R, Sheridan, WY 82801

By paying any Digital Gato LLC invoice, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.