Terms of Service

For the purposes of these Terms of Service, the following definitions apply:

• "Agreement" means these Terms of Service, together with our Privacy Policy and any other policies or guidelines referenced herein, which collectively govern your access to and use of the Service.
• "Content" means any text, images, logos, branding materials, business information, photographs, or other materials that you upload, provide, or otherwise make available to Dirty Digital Co for use in designing and building your website.
• "Deliverables" means the websites, web pages, written content, SEO configurations, design assets, and other materials created by Dirty Digital Co for you as part of the Service.
• "Service" means the Dirty Digital Co platform, including website design, development, hosting, search engine optimization (SEO), content writing, maintenance services, and all related features, functionality, and tools provided by Dirty Digital Co.
• "User" or "You" means any individual or entity that accesses or uses the Service, whether as a registered account holder or otherwise.
• "Third-Party Services" means external platforms, tools, and services (including, but not limited to, hosting providers, domain registrars, analytics tools such as Google Analytics, content management system (CMS) platforms, and field service management integrations such as ServiceTitan or Jobber) that integrate with or are used in connection with the Service.
• "Subscription" means the monthly plan selected by the User for website hosting, maintenance, and ongoing services, as described on our pricing page and subject to the payment terms outlined in Section 4 of this Agreement.

Dirty Digital Co is a web design and development service. We build, host, and maintain websites for tradesmen and blue collar businesses. Our Service includes custom website design, development, hosting, SEO, content writing, and ongoing maintenance.

Dirty Digital Co does not provide legal, financial, tax, or business advice of any kind. Any content we create for your website is based on the information you provide to us and is intended for marketing and informational purposes only.

You are responsible for reviewing all Deliverables - including website copy, images, and design - before your website goes live. While we strive for accuracy and quality in everything we produce, the final approval of all content rests with you.

No information provided on the Dirty Digital Co platform, including any guides, emails, or consultations, should be construed as legal, financial, or professional business advice. Such information is provided solely for the purpose of assisting you with your web presence.

3.1 Eligibility

You must be at least eighteen (18) years of age to create an account and use the Service. By creating an account, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into this Agreement.

3.2 Account Creation

To access certain features of the Service, you must register for an account by providing accurate, current, and complete information as requested during the registration process. You agree to update your account information promptly to keep it accurate, current, and complete.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to immediately notify Dirty Digital Co of any unauthorized use of your account or any other breach of security. Dirty Digital Co shall not be liable for any loss or damage arising from your failure to protect your account credentials.

3.4 One Account Per User

Each individual or business may maintain only one (1) account on the Service. Creating multiple accounts for the purpose of circumventing restrictions, abusing promotional offers, or for any other deceptive purpose is strictly prohibited and may result in immediate termination of all associated accounts.

4.1 Subscription Plans

The Service is offered through monthly subscription plans with no upfront cost. Each plan includes website hosting, maintenance, and varying levels of design, development, and marketing services. A description of available plans and their respective features is provided on our Pricing page. Dirty Digital Co reserves the right to modify, add, or remove subscription plans at any time.

4.2 Automatic Renewal

Unless you cancel your Subscription before the end of the current billing period, your Subscription will automatically renew for successive monthly periods at the then-current rate. You authorize Dirty Digital Co to charge your designated payment method for all applicable fees upon renewal.

4.3 Cancellation

You may cancel your Subscription at any time. There are no long-term contracts or cancellation fees. Cancellation will take effect at the end of the current billing period, and you will retain access to the Service through the remainder of that period.

4.4 Payment Terms

All fees are stated in United States dollars and are non-refundable except as expressly provided in this Agreement or as required by applicable law. You are responsible for all applicable taxes, and Dirty Digital Co may charge taxes as required by law.

4.5 Refund Policy

Refund requests will be evaluated on a case-by-case basis at Dirty Digital Co's sole discretion. To request a refund, please contact us at legal@dirtydigitalco.com. Dirty Digital Co reserves the right to deny refund requests that do not meet its refund criteria.

4.6 Pricing Changes

Dirty Digital Co reserves the right to change its pricing at any time. Any pricing changes will take effect at the start of your next billing cycle following notice of the change. Your continued use of the Service after a pricing change constitutes your acceptance of the new pricing. If you do not agree to the new pricing, you may cancel your Subscription before the start of the next billing cycle.

By using the Service, you represent, warrant, and agree that:

• Accurate Business Information: All Content you provide to Dirty Digital Co, including your business name, contact details, service descriptions, and other business information, is truthful, accurate, and complete to the best of your knowledge. You understand that the quality of Deliverables depends on the accuracy of the information you provide.
• Review Before Launch: You are responsible for thoroughly reviewing all website content, design, and Deliverables before your website goes live. Once you approve a website for launch, you accept responsibility for the published content.
• Rights to Provided Content: You represent and warrant that you own or have the necessary rights, licenses, and permissions to provide all Content to Dirty Digital Co, including but not limited to logos, photographs, images, and text. You shall not provide any Content that infringes upon the intellectual property rights of any third party.
• Compliance with Laws: You must comply with all applicable federal, state, and local laws, regulations, and industry standards in connection with your use of the Service and the content published on your website.
• No Unlawful Conduct: You must not use the Service to publish content that is fraudulent, misleading, defamatory, obscene, or otherwise unlawful. You must not use your website to engage in any illegal activity or to deceive consumers.
• Timely Communication: You agree to respond to Dirty Digital Co's requests for information, feedback, and approvals in a timely manner. Delays in providing Content or approvals may affect project timelines and Deliverable quality.

6.1 Dirty Digital Co's Intellectual Property

The Service, including all software, code, design templates, proprietary tools, frameworks, graphics, trademarks, logos, user interface elements, and documentation, is the exclusive property of Dirty Digital Co and its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws. Nothing in this Agreement grants you any right, title, or interest in the Service except for the limited right to use it as expressly permitted herein.

6.2 Your Content

You retain all ownership rights in the Content you provide to Dirty Digital Co, including your business name, logos, photographs, and text that you supply. By submitting Content, you grant Dirty Digital Co a limited, non-exclusive, royalty-free license to use, process, store, and display your Content solely for the purpose of providing the Service and creating your Deliverables. This license terminates when you cancel your Subscription or close your account, subject to any backup or archival retention periods described in our Privacy Policy.

6.3 Deliverable Ownership

Subject to Dirty Digital Co's intellectual property rights in the underlying code, design templates, frameworks, and proprietary tools, you own the custom website design created for you as part of the Deliverables while your Subscription is active. Dirty Digital Co retains all rights in the underlying code, templates, development tools, and processes used to create the Deliverables.

6.4 Limited License

Subject to the terms of this Agreement, Dirty Digital Co grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your business purposes during the term of your Subscription. You may not sublicense, distribute, sell, or otherwise commercially exploit the Service, its underlying code, or any proprietary tools or templates.

7.1 Third-Party Connections

The Service may utilize or integrate with Third-Party Services, including but not limited to hosting providers (such as Vercel or AWS), domain registrars, analytics tools (such as Google Analytics), CMS platforms, and field service management integrations (such as ServiceTitan or Jobber). By using the Service, you acknowledge and consent to Dirty Digital Co's use of these Third-Party Services on your behalf and in accordance with our Privacy Policy.

7.2 No Responsibility for Third-Party Data

Dirty Digital Co is not responsible for the accuracy, completeness, timeliness, or availability of data provided by Third-Party Services. Data from hosting providers, analytics platforms, and other third parties may contain errors, may be delayed, or may not reflect the most current information. You acknowledge that Dirty Digital Co does not control and cannot verify data obtained from Third-Party Services.

7.3 Third-Party Terms

Your use of Third-Party Services is subject to those services' own terms of service and privacy policies. Dirty Digital Co is not a party to any agreement between you and any Third-Party Service and shall not be liable for any act or omission of any Third-Party Service.

7.4 Availability

Dirty Digital Co does not guarantee the continued availability of any Third-Party Service integration. Third-Party Services may modify, limit, or discontinue their services or API access at any time without notice, which may affect the functionality of the Service.

Dirty Digital Co strives for accuracy and quality in all Deliverables we produce, including website copy, design elements, and SEO configurations. However, the accuracy of your website content depends significantly on the information you provide to us.

You are responsible for reviewing and approving all website content before your site goes live. This includes verifying your business name, contact information, service descriptions, pricing, hours of operation, licensing information, and any other details published on your website.

Dirty Digital Co does not independently verify the accuracy of information you provide. We are not liable for any errors, omissions, or inaccuracies in your website content that result from incorrect or incomplete information supplied by you.

If you discover any errors on your website after launch, please contact us promptly and we will work to correct them as part of your ongoing maintenance plan.

You agree to defend, indemnify, and hold harmless Dirty Digital Co, its members, managers, employees, agents, affiliates, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your Use of the Service: Any claim arising from or related to your access to or use of the Service, including any Deliverables created therefrom;
• Content Accuracy: Any claim arising from inaccuracies, errors, or omissions in the Content you provide or the website content published based on your information;
• Intellectual Property Claims: Any claim that Content you provided to Dirty Digital Co infringes upon the intellectual property rights of a third party, including but not limited to trademarks, copyrights, or trade secrets;
• Violation of Terms: Any breach or alleged breach of this Agreement by you;
• Violation of Law: Any violation of applicable laws or regulations by you in connection with your use of the Service or the content published on your website.

Dirty Digital Co reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Dirty Digital Co's defense of such claim.

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the Service (a "Dispute") informally by contacting Dirty Digital Co at legal@dirtydigitalco.com. The parties shall use good faith efforts to resolve the Dispute within thirty (30) days of receipt of the written notice of the Dispute.

12.2 Binding Arbitration

If a Dispute cannot be resolved informally within the thirty (30) day period described above, either party may initiate binding arbitration. Any Dispute shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its then-current Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator.

12.3 Venue & Governing Law

The arbitration shall take place in Nashville, Tennessee, United States. This Agreement and any Disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of laws principles. Any court proceedings ancillary to arbitration (including motions to compel arbitration, confirm an arbitration award, or enforce an arbitration award) shall be brought exclusively in the state or federal courts located in Davidson County, Tennessee.

12.4 Class Action Waiver

YOU AND MULESTACK AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, then the arbitration agreement shall be deemed null and void with respect to such proceeding, and the Dispute shall proceed in court.

12.5 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the jurisdictional limits of that court, provided the action remains in small claims court and is not removed or transferred to a court of general jurisdiction.

13.1 Termination by User

You may cancel your Subscription and terminate your account at any time through your account settings or by contacting us at legal@dirtydigitalco.com. Cancellation will take effect at the end of the current billing period.

13.2 Termination by Dirty Digital Co

Dirty Digital Co reserves the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including but not limited to: breach of this Agreement, fraudulent activity, non-payment of fees, violation of applicable laws, or conduct that Dirty Digital Co reasonably determines is harmful to other users, Dirty Digital Co, or third parties.

13.3 Website Takedown & Content Export

Upon cancellation or termination of your Subscription, your website will be taken down at the end of the current billing period. You may request an export of your Content (text, images, logos, and other materials you provided) by contacting us at legal@dirtydigitalco.com within thirty (30) days of cancellation. After the thirty (30) day period, Dirty Digital Co may permanently delete your Content and Deliverables in accordance with our Privacy Policy, except as required to comply with legal obligations or resolve disputes.

13.4 Surviving Provisions

The following sections shall survive termination or expiration of this Agreement: Sections 1 (Definitions), 2 (Nature of Service & Disclaimers), 6 (Intellectual Property), 8 (Content Accuracy Disclaimer), 9 (Limitation of Liability), 10 (Warranty Disclaimer), 11 (Indemnification), 12 (Dispute Resolution), and 14 (Miscellaneous).

14.1 Entire Agreement

This Agreement, together with the Privacy Policy and any other policies or documents referenced herein, constitutes the entire agreement between you and Dirty Digital Co regarding the Service and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Service.

14.2 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from this Agreement. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of this Agreement.

14.3 No Waiver

The failure of Dirty Digital Co to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Dirty Digital Co.

14.4 Assignment

You may not assign or transfer this Agreement or any of your rights or obligations hereunder without the prior written consent of Dirty Digital Co. Dirty Digital Co may assign this Agreement in its entirety, without your consent, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

14.5 Force Majeure

Dirty Digital Co shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of governmental authorities, fire, flood, pandemic, epidemic, power outages, internet or telecommunications failures, or the acts or omissions of Third-Party Services.

14.6 Notices

Dirty Digital Co may provide notices to you via email to the address associated with your account, through in-app notifications, or by posting on the Service. Notices to Dirty Digital Co must be sent to legal@dirtydigitalco.com or to the mailing address provided in Section 15. Notices are deemed given when sent by email (upon transmission) or when delivered if sent by mail.