Terms of Service

Last updated: March 26, 2026

1. Acceptance of Terms 2. Description of Services 3. User Accounts and Registration 4. Platform Connections and Authorization 5. Acceptable Use 6. Content and Intellectual Property 7. Third-Party Services and APIs 8. Payment, Fees, and Billing 9. Indemnification 10. Limitation of Liability 11. Disclaimer of Warranties 12. Dispute Resolution 13. Termination 14. Force Majeure 15. Governing Law 16. Modifications 17. Severability 18. Entire Agreement 19. Contact

1. Acceptance of Terms

By accessing or using any services provided by DigiShift Consulting LLC ("DigiShift," "we," "us," "our"), including the DigiShift Media Manager platform and any associated websites, APIs, or tools (collectively, the "Services"), you ("you," "your," "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services.

You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2. Description of Services

DigiShift provides technology consulting services and operates the DigiShift Media Manager, a content management platform that facilitates video production and multi-platform publishing. Our Services include:

Content management and publishing tools for social media platforms
AI-assisted content creation, optimization, and analytics
Video production pipeline management
Multi-platform scheduling and distribution (YouTube, TikTok, Instagram)
Performance analytics and reporting
Technology consulting and digital strategy services

3. User Accounts and Registration

To access certain features of our Services, you may be required to create an account or connect third-party platform accounts. You agree to:

Provide accurate, current, and complete registration information
Maintain and promptly update your account information
Maintain the security and confidentiality of your login credentials
Accept responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used for fraudulent or unauthorized purposes.

4. Platform Connections and Authorization

Our Services may require you to authorize connections to third-party platforms (YouTube, TikTok, Instagram, and others) via OAuth or similar authentication protocols. By authorizing these connections, you:

Grant DigiShift permission to access and interact with your accounts on those platforms as described in our Privacy Policy
Acknowledge that your use of third-party platforms remains subject to those platforms' own terms of service
May revoke access at any time through the respective platform's settings or by contacting us

5. Acceptable Use

You agree not to use our Services to:

Violate any applicable local, state, national, or international laws or regulations
Infringe upon the intellectual property, privacy, or other rights of third parties
Create, distribute, or publish content that is defamatory, obscene, threatening, abusive, or otherwise objectionable
Distribute spam, malware, or any other harmful material
Interfere with or disrupt the Services or servers or networks connected to the Services
Violate the terms of service, community guidelines, or policies of any third-party platform
Misrepresent your identity or affiliation with any person or entity
Engage in any activity that could damage, overburden, or impair the Services

6. Content and Intellectual Property

6.1 Your Content

You retain all ownership rights to content you create, upload, or publish through our Services ("Your Content"). By using our Services, you grant DigiShift a non-exclusive, worldwide, royalty-free license to process, store, transmit, reproduce, and display Your Content solely as necessary to provide the Services. This license terminates when you delete Your Content or your account, except for copies retained in backups or as required by law.

6.2 AI-Generated Content

Our Services utilize artificial intelligence to assist in content creation, including but not limited to script generation, metadata optimization, and content recommendations. You acknowledge that:

AI-generated content may require your review and approval before publication
You are responsible for reviewing and approving all content published through your connected accounts
DigiShift does not guarantee the accuracy, originality, or suitability of AI-generated content

6.3 DigiShift IP

All intellectual property rights in the Services, including software, algorithms, designs, and documentation, remain the exclusive property of DigiShift Consulting LLC. These Terms do not grant you any rights to use DigiShift's trademarks, logos, or brand features.

6.4 DMCA and Copyright Claims

We respect the intellectual property rights of others. If you believe that content published through our Services infringes your copyright, please contact us at digishiftconsulting@gmail.com with:

Identification of the copyrighted work claimed to have been infringed
Identification of the infringing material with sufficient detail to locate it
Your contact information (name, address, telephone number, email)
A statement that you have a good faith belief that the use is not authorized
A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner
Your physical or electronic signature

7. Third-Party Services and APIs

Our Services integrate with third-party platforms including but not limited to YouTube (Google LLC), TikTok (ByteDance Ltd.), and Instagram (Meta Platforms, Inc.). You acknowledge and agree that:

Your use of these platforms through our Services is subject to their respective terms of service and privacy policies
DigiShift is not responsible for the availability, functionality, terms, or practices of third-party services
Changes to third-party APIs or terms may affect the functionality of our Services
We may suspend features dependent on third-party services if required by those third parties

8. Payment, Fees, and Billing

Fees for our Services are as agreed upon in individual consulting engagements, subscription agreements, or as displayed on our pricing pages. Unless otherwise specified:

All fees are quoted in US Dollars and are non-refundable unless required by law
Third-party costs (API fees, platform fees, hosting, AI provider charges) are billed separately as applicable
We reserve the right to modify pricing with 30 days' written notice
Failure to pay may result in suspension or termination of Services

9. Indemnification

You agree to indemnify, defend, and hold harmless DigiShift Consulting LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

Your use of the Services
Your Content or any content published through your connected accounts
Your violation of these Terms
Your violation of any rights of a third party
Your violation of any applicable law or regulation

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGISHIFT CONSULTING LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED IN WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF DIGISHIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at digishiftconsulting@gmail.com and attempt to resolve the dispute informally for at least thirty (30) days.

12.2 Binding Arbitration

If the dispute is not resolved informally, you and DigiShift agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted in English and the arbitrator's decision shall be final and binding.

12.3 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights. Claims qualifying for small claims court may be brought there instead of arbitration.

12.4 Class Action Waiver

YOU AND DIGISHIFT AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13. Termination

Either party may terminate use of the Services at any time. We may suspend or terminate your access immediately if we reasonably believe you have violated these Terms. Upon termination:

Your right to access and use the Services ceases immediately
We will make reasonable efforts to allow you to export Your Content for thirty (30) days following termination
We may delete Your Content after the export period, except as required by law
Sections 6, 9, 10, 11, 12, and 15 survive termination

14. Force Majeure

DigiShift shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemics, internet or telecommunications failures, third-party platform outages, power outages, or cyberattacks.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

16. Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the revised Terms on this page with an updated "Last updated" date and, where practicable, by email or through the Services. Your continued use of the Services after the effective date constitutes your acceptance of the changes.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and DigiShift regarding the Services.

19. Contact

For questions about these Terms, contact us at:

DigiShift Consulting LLC
Email: digishiftconsulting@gmail.com
Web: digishiftconsulting.com/contact