Terms of Service

By accessing or using digitalkadence.com ("the site") or any product or service provided by Digital Kadence ("Digital Kadence," "DK," "we," or "us"), you agree to these Terms of Service ("Terms"). If you don't agree, stop using the site and our products.

These Terms apply alongside any product-specific agreement you may have with us (for example, a DKHS subscription agreement or an Automation Services engagement contract). If a product-specific agreement conflicts with these Terms, the product-specific agreement controls for that product.

Digital Kadence provides:

• DKHS — a software-as-a-service field-service operations app for owner-operated home-service businesses.
• Automation Services — custom workflow, integration, and software builds delivered as project-based engagements for small and mid-sized businesses.
• Marketing site and content — digitalkadence.com and our published articles, documentation, and informational pages. Reading the marketing site or our public content does not create a contractual relationship between you and DK.

Detailed terms for DKHS subscriptions and Automation Services engagements are described in their respective sections below and in the agreements you sign when you start using each.

You agree not to:

• Use DK products or the site to engage in illegal activity, harass other people, transmit malware, or send unsolicited bulk communications.
• Attempt to reverse engineer, decompile, or extract the source code of DK products beyond what is permitted by applicable law.
• Resell, sublicense, or commercially redistribute DK products without a written agreement permitting it.
• Scrape, crawl, or programmatically access the site at a rate that imposes unreasonable load, beyond what standard search engine crawlers do under their published rate limits.
• Use the site or products to violate the rights — including intellectual property and privacy rights — of any third party.

The site content, DK product code, DK trademarks, and the Digital Kadence brand are owned by DK or its licensors. Nothing in these Terms transfers ownership of DK's intellectual property to you. You receive only the license to use DK products described in the relevant product agreement.

You retain ownership of the data and workflow specifications you provide to us and store in our products. We process that data only to provide the products and services you've engaged us for.

Automation Services deliverables. For custom code, configurations, and workflows we build for you as part of an Automation Services engagement, ownership of the deliverable transfers to you upon final payment for that engagement. We retain the right to reuse general patterns, libraries, non-customer-specific tooling, and our underlying know-how.

To use DKHS or other product surfaces that require sign-in, you must create an account with accurate information. You are responsible for safeguarding your account credentials and for activity that occurs under your account. Notify us promptly at hello@digitalkadence.com if you suspect unauthorized access.

We may suspend or terminate accounts that violate these Terms, fall materially behind on payment, or are inactive for an extended period. Where reasonable, we'll give you notice and a chance to cure the issue first.

Automation Services engagements are scoped, quoted, and contracted on a per-engagement basis. Each engagement contract defines: the scope of work, the deliverables, the payment schedule, the revision policy, and the scope-change protocol.

Unless the engagement contract specifies otherwise, our default payment schedule is 50% on engagement start and 50% on deliverable handoff. Scope changes after engagement start are handled by a written change order before additional work begins.

If you cancel an engagement after work has begun, you are responsible for payment of the work completed up to the cancellation date. We will deliver work-in-progress in a usable form.

DKHS subscriptions. DKHS is billed monthly or annually per the tier you select at sign-up. Pricing is shown on our public pricing page. Subscriptions auto-renew at the end of each billing period until you cancel. You can cancel at any time from your account; cancellation takes effect at the end of the current billing period and does not prorate partial-period usage.

Automation Services. Billed per the engagement contract described above.

Refunds.We don't pre-pledge refunds; if something goes wrong, we'll talk about it. We've never had a customer ask for a refund we didn't give. Don't expect that to scale forever, but expect us to be reasonable.

Past-due accounts may be suspended after written notice. You are responsible for taxes applicable to your purchase except where we collect them on your behalf.

The site is provided on an "as-is" and "as-available" basis, without warranties of any kind, express or implied, except as required by law.

For DKHS subscriptions, our uptime and support commitments are described in the DKHS subscription agreement. For Automation Services, deliverables are produced with industry-standard care and meet the specifications described in the engagement contract; we do not warrant fitness for purposes not described in the contract.

We do not warrant that the site or products will be uninterrupted, error-free, or free of harmful components — though we work hard to make them so.

To the maximum extent permitted by law, Digital Kadence's aggregate liability arising out of or relating to these Terms or your use of the site and products is limited to the fees you actually paid to us in the twelve months immediately preceding the event giving rise to the claim.

In no event will we be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or lost data, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow certain limitations on liability; in those jurisdictions our liability is limited to the smallest amount permitted by law.

You agree to indemnify and hold harmless Digital Kadence and its personnel from claims, damages, and reasonable legal expenses arising out of your misuse of the site or products, your violation of these Terms, or your violation of third-party rights.

We will defend you against third-party claims alleging that an Automation Services deliverable, as delivered by us, infringes a third-party intellectual property right, and pay damages or settlement amounts finally awarded, subject to reasonable limitations and your cooperation. This obligation does not apply to combinations of our deliverables with third-party content or to modifications you make after delivery.

DKHS subscriptions. You may cancel at any time from your account. We may terminate or suspend your subscription for material breach of these Terms or the DKHS subscription agreement, typically after written notice and a reasonable cure period.

Automation Services engagements. Termination follows the engagement contract. Either party may terminate for material uncured breach with reasonable notice.

On termination, your right to use the affected product ends. Data retention and export are governed by our Privacy Policy and the relevant product agreement.

We may update these Terms from time to time as our products and business evolve. When we do, we'll update the "Last updated" date at the top of this page. For material changes that affect existing customers, we'll notify you by email before the changes take effect.

Continued use of the site or products after the effective date of an updated Terms version constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of Washington, United States, without regard to its conflict of laws principles.

Before initiating any formal proceeding, you agree to first contact us at hello@digitalkadence.comand attempt to resolve the dispute in good-faith conversation. If we can't resolve a dispute that way within sixty days, the dispute will be resolved by binding arbitration administered under the rules of a recognized arbitration body, on an individual (non-class) basis, in the State of Washington or by mutual agreement remotely. The prevailing party may recover reasonable attorneys' fees and costs.

Nothing in this section prevents either party from seeking equitable relief in court to protect intellectual property rights or to enforce confidentiality.

Questions about these Terms? Email hello@digitalkadence.com. A person reads every inbound; replies usually land within one business day.