Terms and
Conditions
Welcome to Digital Osmos (“we,” “our,” or “us”). By accessing or using our website (https://digitalosmos.com) or engaging with our marketing, strategy, and creative services, you agree to comply with and be bound by these Terms and Conditions (“Terms”).
If you do not agree to these Terms, you must refrain from using our website and services.
1. Scope and Purpose
These Terms govern:
- Your access to and use of our website, content, and digital assets.
- Any services, consultations, deliverables, or marketing systems developed by Digital Osmos.
- All communications, proposals, and project engagements between you (the “Client”) and Digital Osmos.
These Terms form the foundation of every client relationship. Specific details of scope, deliverables, timelines, and costs will be defined in a written Service Agreement, Proposal, or Statement of Work (SOW). In case of conflict, the Service Agreement or SOW takes precedence.
2. Description of Services
Digital Osmos is a human-first, data-driven marketing agency offering:
- Growth Strategy and Go-To-Market Planning
- Brand Positioning and Experience Design
- Funnel Architecture and Performance Optimization
- SEO, GEO, and AEO Services
- Paid Media and Retargeting Campaigns
- Social Media Strategy and Content Systems
- Thought Leadership, PR, and Reputation Programs
We may also offer AI-enhanced creative, analytics, and automation services under human oversight.
We reserve the right to update, expand, or discontinue any part of our Services, provided such changes do not affect existing contractual obligations.
3. Use of the Website
You may use our website only for lawful purposes. You agree not to:
- Access or use the site for fraudulent, harmful, or misleading activities.
- Interfere with its functionality or security.
- Attempt to gain unauthorized access to systems, accounts, or data.
- Copy, distribute, or use site content for commercial purposes without consent.
We may suspend or restrict your access at any time to protect system integrity or prevent abuse.
4. Intellectual Property
All content on our website — including designs, text, graphics, code, video, photography, and trademarks — is owned by Digital Osmos or its licensors.
You may not use, reproduce, or distribute any part of this content without written permission.
For client projects:
- Ownership:Upon full payment, all approved deliverables become the property of the Client as outlined in the Service Agreement.
- Retention of Tools:Digital Osmos retains rights to proprietary tools, templates, systems, frameworks, and methodologies used to deliver the work.
- Portfolio Use:We reserve the right to display non-confidential deliverables for promotional purposes unless otherwise agreed in writing.
5. Confidentiality
Both parties agree to protect all confidential and proprietary information shared during the course of engagement, including trade secrets, financial data, campaign strategies, and client lists.
Neither party will disclose or use this information outside the scope of the project without written consent, except as required by law or regulatory bodies.
Confidentiality obligations continue indefinitely after termination of any engagement.
6. Data Protection and Privacy
We respect your privacy and comply with all applicable data protection laws, including GDPR, CCPA, and equivalent global standards.
Our data collection, use, and processing practices are described in detail in our Privacy Policy at https://digitalosmos.com/privacy-policy.
When providing Services, Digital Osmos may act as a Data Controller or Data Processor depending on context.
All client and user data is processed lawfully, securely, and transparently.
7. Use of AI and Automation
Digital Osmos integrates artificial intelligence (AI) and machine learning systems responsibly to enhance creative, analytical, and operational performance.
Our AI systems may assist with:
- Content ideation, copy optimization, and audience analysis.
- Predictive analytics and campaign performance forecasting.
- Automated testing, targeting, and personalization.
All AI outputs are reviewed and approved by human experts before deployment.
We do not use AI to make automated decisions that have legal, personal, or financial consequences for individuals.
Clients acknowledge and consent to the use of AI within projects where appropriate, while maintaining ownership of all final deliverables.
8. Client Responsibilities
To ensure smooth collaboration, Clients agree to:
- Provide timely feedback, approvals, and access to necessary materials.
- Ensure all content, assets, or data provided to Digital Osmos are accurate and lawful.
- Designate a primary contact for decision-making and communication.
- Comply with all payment terms as outlined in invoices or contracts.
Delays in feedback or missing information may extend project timelines. Digital Osmos is not responsible for schedule shifts resulting from such delays.
9. Fees, Payments, and Invoicing
All fees will be clearly defined in the Service Agreement or Proposal.
- Payments are due according to agreed-upon milestones or terms.
- Invoices are payable in the stated currency and within the specified timeframe.
- Late payments may accrue interest at the highest rate permitted by law.
- Digital Osmos reserves the right to suspend services, pause campaigns, or withhold deliverables for unpaid invoices.
All prices exclude applicable taxes unless otherwise noted. Refunds are handled according to the cancellation terms outlined in your Agreement.
10. Third-Party Tools and Integrations
Our Services may rely on third-party platforms (e.g., Google, Meta, LinkedIn, HubSpot, or analytics software).
While we carefully select our technology partners, we cannot guarantee their performance or data policies.
Clients are responsible for maintaining their own accounts and adhering to the terms of those platforms. Digital Osmos is not liable for outages, API changes, or platform-related restrictions beyond our control.
11. Warranties and Disclaimers
We promise to provide our Services with reasonable skill, care, and professional expertise.
However, we make no guarantees regarding specific marketing outcomes, including revenue, engagement, or rankings, as results depend on factors outside our control (such as market shifts or client-side implementation).
All Services are provided “as is” and “as available.” To the fullest extent allowed by law, we disclaim all implied warranties of merchantability, fitness for purpose, and non-infringement.
12. Limitation of Liability
To the maximum extent permitted by law:
- Digital Osmos shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of revenue, profit, or goodwill.
- Our total aggregate liability for any claim shall not exceed the amount paid by the Client for the specific project or service giving rise to the claim.
This limitation applies to all causes of action, whether in contract, tort, negligence, or otherwise.
13. Indemnification
The Client agrees to indemnify and hold harmless Digital Osmos, its employees, officers, and partners from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
- Client-provided content or data that infringes third-party rights.
- Client misuse of deliverables or breach of these Terms.
- Unauthorized use of Digital Osmos intellectual property or platforms.
14. Termination of Services
Either party may terminate a project or retainer agreement by providing written notice as outlined in the Service Agreement.
Upon termination:
- Clients must pay for all work completed and expenses incurred up to the termination date.
- Digital Osmos will deliver all completed work in progress as per contractual terms.
- Confidentiality and payment clauses survive termination.
We reserve the right to terminate an engagement immediately if a Client engages in unethical conduct, fails to pay invoices, or breaches contractual obligations.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of [Insert Jurisdiction — e.g., Ontario, Canada / State of New York, USA], without regard to conflict of law principles.
Both parties agree to attempt good-faith negotiation before escalating any dispute.
If unresolved, disputes shall be resolved through binding arbitration in [Insert City], conducted in English, in accordance with recognized arbitration rules.
Each party bears its own legal costs unless the arbitrator awards otherwise.
16. Updates to These Terms
We may revise these Terms periodically to reflect changes in business practices or applicable law. Updates will be posted on this page with a revised “Last Updated” date.
Your continued use of our website or Services after any updates constitutes acceptance of the new Terms.
17. Contact Information
For questions about these Terms or any legal matters, contact us at:
Digital Osmos
Email: legal@digitalosmos.com
Website: https://digitalosmos.com
Location: Digital Osmos USA, Inc 7301 Fair Valley Way Plano, TX 75024 USA