PLEASE READ THESE TERMS CAREFULLY. These Terms of Service (“Terms”) are a binding legal agreement between you and Digital King Inc. Section 20 (Binding Arbitration) and Section 21 (Class Action Waiver) require that most disputes be resolved through individual arbitration rather than in court, and waive your right to participate in a class, collective, or representative action. Section 18 (Limitation of Liability) caps and limits our liability to you. If you do not agree to these Terms, do not use this Site.
1. Acceptance of these Terms
These Terms govern your access to and use of digitalkinginc.com and any related pages, tools, forms, calculators, content, and communications operated by Digital King Inc. (“Digital King,” “we,” “us,” or “our”) (together, the “Site”). By accessing the Site, submitting a form, scheduling a call, subscribing to messages, or otherwise interacting with us, you represent that you have read, understood, and agreed to these Terms and our Privacy Policy. If you do not agree, you must not use the Site or interact with us.
2. Eligibility and authority
You must be at least 18 years old and able to form a binding contract under applicable law to use the Site. If you are accessing the Site or communicating with us on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms, and “you” refers to both you individually and that organization.
3. Relationship to engagement contracts
The Site is informational. Use of the Site does not create an agency, fiduciary, employment, partnership, joint venture, or advisory relationship between you and Digital King. Any services we provide are governed by a separate written Master Services Agreement, Statement of Work, engagement letter, or equivalent document signed by both parties (“Engagement Contract”). In the event of a conflict between these Terms and an Engagement Contract, the Engagement Contract controls with respect to the subject matter it covers.
4. Modifications to these Terms
We may update these Terms at any time. Updated Terms will be posted on this page with a revised “Last updated” date and will take effect immediately upon posting. Your continued use of the Site after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, stop using the Site.
5. Permitted use
Subject to these Terms, Digital King grants you a limited, personal, revocable, non-transferable, non-exclusive, non-sublicensable license to access and view the Site for your personal and internal business evaluation of our services. All other rights are reserved.
6. Prohibited conduct
You agree not to, and not to permit any third party to: (a) copy, modify, distribute, publish, sell, license, sublicense, or create derivative works from the Site or its content except as expressly permitted; (b) frame, mirror, scrape, crawl (except for public search-engine indexing), or otherwise extract data from the Site using automated means; (c) reverse engineer, decompile, or attempt to derive source code for any element of the Site; (d) interfere with or disrupt the Site, its servers, or any networks connected to it, or circumvent any technical protections; (e) upload or transmit viruses, malware, or other harmful code; (f) use the Site for any unlawful, fraudulent, harassing, defamatory, obscene, infringing, or tortious purpose; (g) impersonate any person or misrepresent your identity, affiliation, or authority; (h) attempt to gain unauthorized access to any part of the Site, other user accounts, or Digital King systems; (i) use any Digital King branding, trademarks, or content in a misleading manner; (j) send unsolicited commercial messages or engage in spam, phishing, or social engineering targeting Digital King personnel, clients, or infrastructure; or (k) use the Site to train or fine-tune any machine-learning model without our prior written consent.
7. Intellectual property
The Site and all of its contents, including text, graphics, logos, icons, images, illustrations, audio, video, animations, software, code, trademarks, service marks, trade dress, design elements, methodologies, playbooks, frameworks, and arrangement thereof (collectively, “Digital King Content”), are owned by Digital King, its licensors, or its clients and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual-property laws. “Digital King,” “Marketing Done Right,” and related marks, logos, and product names are trademarks or service marks of Digital King Inc. Nothing in these Terms grants you any right, title, interest, or license in Digital King Content except the limited right to use the Site as expressly permitted. All rights not expressly granted are reserved.
8. Feedback and submissions
If you submit ideas, comments, suggestions, proposals, feedback, or other materials (collectively, “Submissions”) to Digital King through the Site or otherwise, you grant Digital King a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, publish, distribute, create derivative works from, and commercialize the Submissions for any purpose without compensation or attribution to you. You represent that you have all rights necessary to grant this license and that the Submissions do not infringe or violate the rights of any third party.
9. Illustrative content; case studies; testimonials; metrics
Content on the Site is for general informational and illustrative purposes only. Case studies, client names, client logos, engagement snapshots, before-and-after descriptions, qualitative transitions, reviews, testimonials, team member profiles, author bylines, industry benchmarks, calculator outputs, deliverables lists, process timelines, service descriptions, and any numbers, ranges, durations, or other figures presented on the Site may be fictional, composite, anonymized, hypothetical, illustrative, directional, or based on generalized industry data rather than specific Digital King engagements.
No statement, description, or figure on the Site constitutes a guarantee, warranty, promise, or representation of any specific outcome, result, return, revenue, profit, conversion rate, traffic volume, cost per acquisition, cost per lead, close rate, speed-to-lead, lifetime value, return on ad spend, attribution accuracy, ranking position, delivery timeline, or any other metric whether or not expressly identified. Past performance, whether described on the Site or otherwise, is not indicative of future performance. Results vary materially based on factors outside Digital King’s control, including but not limited to your operational maturity, team capability, offer quality, market conditions, seasonality, competitive landscape, product-market fit, pricing, platform algorithm changes, regulatory environment, client responsiveness, and many others.
Any specific names, quotes, photographs, initials, or attributions on the Site, including those appearing in case study sections, testimonial blocks, team grids, author bylines, or product review cards, may be fictional placeholders. No identification or association with any real person or entity is intended or should be inferred unless we have expressly confirmed otherwise in writing under an Engagement Contract or signed public-reference consent. If you believe the Site improperly identifies you or an entity you represent, contact info@digitalkinginc.com and we will review and act reasonably.
10. Forward-looking statements
Statements on the Site that are not historical facts may be forward-looking statements. Forward-looking statements may include phrases such as “we build,” “we engineer,” “we deliver,” “we expect,” “typical,” “often,” “usually,” “compounds,” “engineered toward,” “targeted,” “benchmarks,” and similar expressions. These statements reflect our current views and expectations based on assumptions we believe to be reasonable, but are subject to numerous risks and uncertainties, and actual results may differ materially. Digital King does not undertake any obligation to update or revise forward-looking statements, whether as a result of new information, future events, or otherwise, except as required by law.
11. No professional advice
The Site does not provide legal, tax, accounting, financial, investment, medical, regulatory, compliance, or other professional advice. Content on the Site is general information and should not be relied upon for any specific decision. You should consult qualified professionals before acting on any information presented on the Site. Digital King disclaims all liability for actions taken or not taken in reliance on Site content.
12. SMS, text message, and telephone communications
By providing a phone number to Digital King through the Site, a form, a scheduled call, or other express affirmative action and opting in to messaging, you consent to receive SMS and MMS messages from Digital King related to your inquiry, any engagement we enter into, account or service notices, and ongoing marketing communications until you opt out. Consent to receive SMS messages is not a condition of purchasing any product or service. Message frequency varies. Message and data rates may apply from your wireless carrier; Digital King does not charge you. Digital King does not share SMS opt-in data, consent records, or phone numbers with third parties or affiliates for marketing purposes.
To opt out, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message. For help, reply HELP or email info@digitalkinginc.com. Digital King complies with the Telephone Consumer Protection Act (TCPA), the FCC’s implementing rules, the CTIA Messaging Principles and Best Practices, and the A2P 10DLC registration requirements administered by The Campaign Registry and the mobile carriers. Digital King is not liable for messages that are delayed, undelivered, misrouted, filtered, blocked, or intercepted by carriers or third parties outside our reasonable control, nor for any carrier charges or fees.
If you provide a phone number belonging to someone other than yourself, you represent and warrant that you have the authority and express consent of the subscriber to do so, and you agree to indemnify Digital King for any claims arising from that authorization being incorrect.
Voice calls placed to or from Digital King may be recorded for quality, training, security, and compliance purposes. Where required by law, disclosure of recording will be made at the start of the call.
13. Third-party services and links
The Site may contain links to, integrations with, or references to third-party websites, services, products, platforms, tools, and content (“Third-Party Services”) including advertising platforms, analytics tools, CRM software, messaging platforms, email platforms, call-tracking providers, form builders, and others. Third-Party Services are not owned, operated, or controlled by Digital King. Digital King is not responsible for, and expressly disclaims all liability arising from: the availability, content, accuracy, security, privacy practices, performance, policies, pricing, terms, or business practices of any Third-Party Service; any loss or damage arising from your use of or reliance on any Third-Party Service; any change, interruption, discontinuation, pricing change, or feature removal by a Third-Party Service that affects services we have designed, configured, or recommended; any platform-reported metric, dashboard, analytics figure, or attribution output produced by a Third-Party Service; and any data loss or breach caused by a Third-Party Service. Your use of any Third-Party Service is at your own risk and is governed by that third party’s terms.
14. Privacy
Your use of the Site and our communications is subject to our Privacy Policy, which is incorporated into these Terms by reference.
15. DMCA copyright notice
If you believe content on the Site infringes your copyright, send a written notice to the email below that includes: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location on the Site; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized; (e) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act for the owner; and (f) your physical or electronic signature. Send notices to info@digitalkinginc.com with subject line “DMCA Notice.”
16. Site availability; changes; termination of access
Digital King makes no guarantee of uptime, availability, accuracy, or completeness of the Site. We may, at any time and without notice, modify, suspend, restrict, or discontinue the Site in whole or in part, and we may remove, add, or change Site content. We may also terminate or suspend your access to the Site for any reason, including suspected violation of these Terms, with or without notice and without liability.
17. Disclaimer of warranties
THE SITE, ALL CONTENT ON IT, AND ANY PRODUCTS, SERVICES, RESPONSES, ESTIMATES, CALCULATOR OUTPUTS, BENCHMARKS, COMMUNICATIONS, AND INFORMATION PROVIDED THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, DIGITAL KING DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, UNINTERRUPTED OR ERROR-FREE OPERATION, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. DIGITAL KING DOES NOT WARRANT THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE SECURE OR FREE OF VIRUSES, BE CORRECTED, OR PRODUCE ANY PARTICULAR RESULT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
18. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DIGITAL KING, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, SAVINGS, BUSINESS, GOODWILL, OPPORTUNITY, DATA, CONTENT, LEADS, CUSTOMERS, SALES, MARKET SHARE, OR USE, ARISING OUT OF OR RELATED TO THE SITE, THESE TERMS, OR ANY COMMUNICATIONS FROM DIGITAL KING, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIGITAL KING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, DIGITAL KING’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE AMOUNT YOU PAID TO DIGITAL KING IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM UNDER A SIGNED ENGAGEMENT CONTRACT (IF ANY). THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
19. Indemnification
You agree to indemnify, defend, and hold harmless Digital King, its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and litigation costs) arising out of or related to: (a) your use or misuse of the Site; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party, including intellectual property, privacy, publicity, anti-spam, TCPA, CAN-SPAM, CASL, or telemarketing laws; (d) any content or information you submit to Digital King; (e) your provision of a phone number or email address you were not authorized to provide; (f) any dispute between you and a third party arising from your use of the Site; or (g) your negligence or willful misconduct. Digital King reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate reasonably with Digital King’s defense.
20. Binding arbitration
Please read this section carefully. It affects your legal rights. Any dispute, claim, or controversy arising out of or relating to the Site, these Terms, communications between you and Digital King, or the relationship between you and Digital King (a “Dispute”) will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect, or by the American Arbitration Association under its Commercial Arbitration Rules if JAMS is unavailable. Arbitration will be conducted in Hudson County, New Jersey, or by video conference at the arbitrator’s discretion, in English, by a single arbitrator. The arbitrator will have exclusive authority to resolve issues related to the scope, validity, enforceability, and interpretation of this arbitration agreement, including threshold arbitrability issues, and will issue a reasoned written award. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
Exceptions. Either party may bring an individual claim in small-claims court in Hudson County, New Jersey, so long as it remains in that court and is not removed or appealed to another court. Either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, trade secrets, or confidentiality obligations.
Opt-out. You may opt out of binding arbitration by sending written notice of your decision to opt out to info@digitalkinginc.com within 30 days after first accepting these Terms. The notice must include your full name, address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.
21. Class action and jury-trial waiver
EACH PARTY WAIVES ANY RIGHT TO BRING, ASSERT, OR PARTICIPATE IN ANY DISPUTE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION, AND WAIVES ANY RIGHT TO A JURY TRIAL, EXCEPT AS REQUIRED BY APPLICABLE LAW. IF THIS CLASS-ACTION WAIVER IS FOUND UNENFORCEABLE IN A GIVEN CASE, THEN THE BINDING ARBITRATION PROVISION IN SECTION 20 WILL ALSO BE UNENFORCEABLE AS TO THAT CASE, AND THE DISPUTE WILL PROCEED IN COURT; ALL OTHER PROVISIONS OF THESE TERMS REMAIN IN EFFECT.
22. Governing law and venue
These Terms and any non-arbitrable Dispute are governed by the laws of the State of New Jersey, without regard to its conflict of laws rules. Subject to Section 20, the exclusive venue for any non-arbitrable Dispute is the state or federal courts located in Hudson County, New Jersey, and you consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
23. Time limitation on claims
Any Dispute must be brought within one (1) year after the claim accrued, except where applicable law prohibits such a limitation, in which case the shortest permitted limitation period applies. Claims not brought within this period are permanently barred.
24. Force majeure
Digital King will not be liable for any delay or failure to perform arising from causes beyond our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government action, labor disputes, power or telecommunications failures, internet or carrier outages, cloud-provider failures, third-party platform changes, cybersecurity incidents, or unavailability of third-party services.
25. Severability and waiver
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of that provision or any other provision.
26. Assignment
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. Digital King may assign these Terms freely, including to an affiliate, successor, or acquirer.
27. Notices
Notices to you may be provided by posting on the Site, by email to an address you provided, or by other reasonable means. Notices to Digital King must be sent in writing to info@digitalkinginc.com with a copy by U.S. mail to Digital King Inc., Legal Department, 465 Oberlin Ave S, Lakewood, New Jersey 08701, USA.
28. Survival
Sections that by their nature should survive termination of these Terms will survive, including without limitation: 3 (Relationship to Engagement Contracts), 7 (Intellectual Property), 8 (Feedback), 9 (Illustrative Content), 10 (Forward-Looking Statements), 11 (No Professional Advice), 13 (Third-Party Services), 17 (Disclaimer of Warranties), 18 (Limitation of Liability), 19 (Indemnification), 20 (Arbitration), 21 (Class Action Waiver), 22 (Governing Law), 23 (Time Limitation), 25 (Severability), 28 (Survival), and 29 (Entire Agreement).
29. Entire agreement
These Terms, together with the Privacy Policy and any applicable Engagement Contract, constitute the entire agreement between you and Digital King with respect to the Site and supersede all prior or contemporaneous understandings, communications, and proposals, whether oral or written.
30. Contact
Questions about these Terms: email info@digitalkinginc.com or call (201) 371-3103.