Terms Of Use
1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the software, tools, and services provided by ASAP Digital Agency (referred to as "we," "us," or "our") through our platform and related applications (the “Services”) and our website at app.asapdigitalagency.com (the “Site”). This is a legally binding agreement between you (“you” or “the user”) and ASAP Digital Agency, and it incorporates our Privacy Policy.
By accessing or using our Site or Services in any manner, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must discontinue use of the Site and Services immediately.
We reserve the right to update or modify these Terms at any time. When changes are made, we will provide a notice on the Site and/or via email. It is your responsibility to review these Terms periodically. Continued use of the Site or Services after any changes constitutes your acceptance of the revised Terms.
References in these Terms to our “Affiliates” include our owners, subsidiaries, contractors, partners, sponsors, advertisers, licensees, and any parties involved in maintaining or providing content or services through the Site.
BY ACCESSING OR USING THIS SITE AND OUR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT USE OUR SITE OR SERVICES.
2. Services
ASAP Digital Agency provides a range of digital tools, integrations, and services—including CRM features, automation, AI calling, marketing tools, and website solutions—which may be accessed or subscribed to via our website and platform (collectively, the "Services").
2.A No Guarantee of Results
While ASAP Digital Agency is committed to delivering high-quality Services, you acknowledge and agree that we do not guarantee specific outcomes, performance metrics, lead volume, or business success from your use of the Site or Services. Results will vary based on many factors outside of our control.
2.B Temporary Interruptions
You understand that the Site and Services may occasionally experience temporary interruptions due to system updates, maintenance, technical issues, or third-party network dependencies. ASAP Digital Agency is not responsible for delays, data loss, service disruptions, or failure to store user settings, messages, or customizations.
All Services are provided on an “as is” and “as available” basis without warranties of any kind, express or implied.
2.C Right to Modify Services
We reserve the right to introduce new features, adjust existing tools, or make changes to the design or functionality of our Services at any time. These updates may enhance or alter the way certain features operate. By continuing to use the Services after any modifications, you agree to such changes.
2.D No Reliance on Future Features
You acknowledge that your decision to purchase or subscribe to ASAP Digital Agency's Services is not based on the expectation of future features, updates, or third-party integrations. We are under no obligation to deliver future enhancements or continue offering any specific service beyond the current subscription term, regardless of any public announcements or product roadmap disclosures.
3. Payment
3.A. Fees
By subscribing to or purchasing any service offered by ASAP Digital Agency, you agree to pay all applicable fees. Our pricing model includes tiered monthly subscription plans based on the level of services selected, as well as optional one-time or recurring add-on services. Prices may be updated periodically, and any changes will be communicated in advance when required.
All charges incurred through your use of the Services will be billed to the credit card or payment method on file. If you enroll in an ongoing subscription, billing occurs in advance of each service period. You are responsible for providing and maintaining accurate and current billing information, including your name, address, phone number, and a valid payment method. Any updates to your billing information must be submitted within 10 days of any changes.
3.B. Overdue Payments
If your payment method is declined or fails for any reason, ASAP Digital Agency reserves the right to suspend or terminate your access to the Services until your balance is paid in full. You agree to pay all outstanding amounts, including any applicable chargeback fees, penalties, or collections costs.
Should legal action be necessary to collect overdue payments, you agree to reimburse us for all related costs, including reasonable attorney’s fees and collection expenses.
3.C. Subscription Policy and Refunds
Unless otherwise stated, all subscription payments are non-refundable, and we do not offer prorated refunds or credits for unused time or partial periods. This applies whether you cancel your subscription early or fail to use the Services.
At our sole discretion, ASAP Digital Agency may offer refunds or credits in the following limited cases:
3.C.1. Material Changes to Terms or Privacy Policy
If we make a material change to our Terms of Service or Privacy Policy during your active billing period, and that change adversely affects your use of the Services, you may request a partial refund for the unused portion of your subscription. To be eligible, you must:
Provide written notice identifying your account
Specify your intent to cancel due to the policy change
The cancellation will take effect once we verify your identity and authorization, and process the request.
3.C.2. Service Interruptions Without Remedy
If a major disruption or modification to the Services adversely affects your experience, and a suitable workaround or remedy is not available as outlined in these Terms, you may be eligible for a partial refund equal to the unused remainder of your subscription term. Refund decisions will be made at our discretion or as required by applicable law.
4. Site Conduct, Content Policy & Third-Party Services
4.A. User-Generated Content Guidelines
Your use of the Site is subject to all applicable laws and regulations. You are solely responsible for any content you submit, post, or transmit through the Site, including on any message boards, chat systems, comment threads, or other interactive areas.
By posting on our Site or using any communication features, you agree that you will not upload, distribute, or publish any content that:
4.A.1 Is unlawful, abusive, defamatory, harassing, misleading, invasive of another’s privacy, or sexually or graphically explicit;
4.A.2 Discriminates or threatens individuals or groups based on race, gender, sexual orientation, age, religion, disability, or ethnicity;
4.A.3 Infringes upon intellectual property rights including copyright, trademark, trade secret, or publicity rights;
4.A.4 Contains unsolicited promotions, spam, pyramid schemes, chain letters, or gambling of any kind;
4.A.5 Includes viruses, malware, or code intended to disrupt or damage software, hardware, or telecommunications;
4.A.6 Attempts unauthorized access to private sections of the Site, servers, or networks;
4.A.7 Impersonates any person or misrepresents your affiliation with any entity, including ASAP Digital Agency employees.
ASAP Digital Agency reserves the right to review, moderate, edit, or remove content at its sole discretion if it violates these guidelines or is deemed inappropriate.
4.B. Custom Branding and User Modifications
Our platform may allow you to customize your portal or dashboard with your brand’s name, logo, color scheme, or custom code. You are solely responsible for ensuring that any branding elements or intellectual property used in your customization do not infringe upon the rights of others. Customizations must not misrepresent the platform as being independently developed by you or another party.
4.C. No Endorsement of User Content
ASAP Digital Agency does not endorse, verify, or assume responsibility for any content uploaded by users. While we reserve the right to moderate content, we do not routinely pre-screen user submissions. All opinions or statements shared by users are their own and do not represent those of ASAP Digital Agency. We reserve the right to remove any content that violates our Terms or is otherwise harmful or inaccurate.
Testimonials and user feedback published on our Site reflect individual experiences and are not intended as endorsements or guarantees of performance.
4.D. Third-Party Websites and External Links
This Site may link to or reference third-party websites or resources. ASAP Digital Agency is not responsible for the content, practices, or availability of any external sites. These links are provided as a convenience and do not imply endorsement or affiliation. You acknowledge and agree that we are not liable for any damages or losses resulting from your use of third-party services or websites.
4.E. Advertisements and Promotions
From time to time, the Site may display advertisements or promotions from third parties. Any correspondence or transactions between you and advertisers, including payment and delivery of goods or services, are solely between you and the third party. ASAP Digital Agency bears no responsibility for any issues arising from these engagements.
4.F. Electronic Communication
Upon registration, you will designate a primary email address for receiving official communications from ASAP Digital Agency. We may also provide notices via an online message center, if available. These electronic communications are considered legally binding under these Terms.
ASAP Digital Agency will never request sensitive information such as login credentials, payment details, or personal identifiers via email. If you receive suspicious messages claiming to be from us, do not respond, and report it immediately to
5. Intellectual Property of ASAP Digital Agency
5.A. Definition of Content
For the purposes of these Terms, "Content" includes but is not limited to: written text, software, designs, databases, graphics, photos, audio, video, icons, user interfaces, and any other material displayed or accessible on the Site. All such Content is either the property of ASAP Digital Agency or used with proper licensing or permission.
5.B. Ownership and Trademarks
By using this Site, you acknowledge that all Content is protected under U.S. and international intellectual property laws, including copyright, trademark, and trade secret laws. All rights, title, and interest in and to the Site and its Content are owned exclusively by ASAP Digital Agency or our authorized affiliates and licensors.
All custom graphics, icons, logos, service names, and branding elements used by ASAP Digital Agency are trademarks or registered trademarks of ASAP Digital Agency. Other trademarks used on the Site that are not owned by us are the property of their respective holders. Use of these marks without express written permission is strictly prohibited.
Use of our branding on third-party websites or marketing materials does not imply any endorsement, sponsorship, or affiliation unless explicitly authorized by us.
Some technologies, software, and proprietary processes provided through our platform may be protected by current or pending patents in the United States and abroad.
5.C. Restrictions on Use
You may access and use the Site and its Content for personal, non-commercial use only, unless otherwise permitted in writing. You may not:
Copy, modify, reproduce, republish, upload, distribute, or publicly display any part of the Site or its Content;
Reverse engineer, decompile, or disassemble any part of the platform;
Use any Site content for the purpose of competing with ASAP Digital Agency.
Any unauthorized use of Content or services from this Site may result in legal action, including civil and/or criminal penalties.
5.D. No Warranty on Third-Party Infringement
ASAP Digital Agency makes no guarantees that your use of Content from this Site will not infringe upon the intellectual property rights of third parties. It is your responsibility to ensure compliance with applicable intellectual property laws when using any material accessed through our Site.
6.A. Your Intellectual Property Rights
You retain full ownership of any content, data, or custom code you create or upload while using ASAP Digital Agency’s services. This includes any personalization of our CRM platform. By using our services, you grant ASAP Digital Agency (and trusted third-party partners) a limited license to access, use, store, and process this content solely for the purpose of delivering the services you've subscribed to, as outlined in our Terms and Privacy Policy. The account itself is the intellectual property of ASAP Digital Agency and will not be transferred out of our service area. Your custom code and contacts will be exported out to you when a cancelation notification has been received.
If you’re using our services on behalf of another person or business, you confirm that you have the legal right and authority to do so. Except for the license necessary to provide services, ASAP Digital Agency does not claim ownership of your content.
We respect intellectual property rights and expect the same from our users. If we are informed of content that potentially infringes on another party’s rights, we may remove or disable access to that content in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c).
If you believe your copyright or intellectual property has been infringed on this site, please send a formal notice to our designated DMCA agent.
6.A.1. To file a DMCA Takedown Notice, please include:
A description of the copyrighted work(s) allegedly infringed, including title(s), author(s), and registration number(s) if available.
The location (URL or file name) of the infringing content on our website.
Your name, address, phone number, and email address.
A statement that you have a good faith belief that the use is unauthorized.
A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner.
Your physical or electronic signature.
DMCA Contact Email: [email protected]
6.B. To Submit a Counter-Notice (if your content was removed):
If you believe your content was wrongfully removed under the DMCA, you may send us a counter-notice including:
Identification of the material removed and its previous location.
A statement, under penalty of perjury, that the removal was due to mistake or misidentification.
Your name, address, and phone number.
A statement that you consent to the jurisdiction of the federal courts in the State of Utah, and that you’ll accept service of process from the person who filed the original notice.
Your physical or electronic signature.
6.C. Where to Send Notices
If you believe content on our website infringes on your copyright, please notify us immediately. Notices should be sent to:
Email: [email protected]
Subject: DMCA Takedown or Counter-Notice
Upon receiving a valid DMCA notice, ASAP Digital Agency reserves the right to remove or disable access to the allegedly infringing content, temporarily or permanently, without liability to you or any other party.
6.D. Submission of Ideas
Our platform may allow users to submit ideas for improving services, features, or new products (each, an “Idea”). By submitting an Idea to ASAP Digital Agency, you agree to the following, unless we’ve entered into a separate written agreement:
6.D.1
You are submitting your Idea voluntarily and understand it will not be treated as confidential.
6.D.2
You grant ASAP Digital Agency and its partners a perpetual, irrevocable, royalty-free, worldwide license to use, modify, display, distribute, reproduce, and create derivative works from your Idea, in any format and media, without compensation or notification to you.
6.D.3
We may already be developing similar concepts or may receive similar Ideas from others.
6.D.4
To your knowledge, your Idea is original, does not infringe on the rights of others, and you have full authority to submit it.
6.D.5
Submission of your Idea does not create any confidential or legal obligation on the part of ASAP Digital Agency
6.D.6
ASAP Digital Agency is under no obligation to develop, purchase, license, or otherwise use your Idea.
6.D.7
No agreement, compensation, or licensing obligations exist unless explicitly outlined in a separate written contract.
6.D.8
If your Idea is patented or patent-pending, you must disclose this information when submitting it.
6.D.9
Any license to a patented Idea must be executed in a separate written agreement.
6.D.10
We are not obligated to review, respond to, or provide reasoning for accepting or rejecting your Idea.
6.D.11
Submission of your Idea does not imply that it is novel, original, or legally protected in any way, nor does it waive our rights to challenge any such claims.
6.D.12
You release ASAP Digital Agency from any claims, damages, or liabilities related to your Idea, except for valid patent infringement claims.
6.D.13
You agree to indemnify and hold harmless ASAP Digital Agency from any legal or financial consequences resulting from your Idea submission.
7. Data Stored on Our Servers
In accordance with our Privacy Policy, you acknowledge that ASAP Digital Agency is not liable for the deletion, loss, or failure to store any data, content, or communications maintained or transmitted through our platform. We reserve the right to remove data or terminate user accounts that:
Have not paid the applicable subscription fee,
Have remained inactive for over 12 months,
Or have violated these Terms of Service.
We strongly encourage you to back up your data regularly.
8. Privacy & Security
8.A. Login Required
To access certain features of our platform, you may be required to create an account and provide registration details (“Registration Info”). You agree that all information you provide will be accurate, current, and complete. You are responsible for maintaining and updating your Registration Info to keep it accurate and up to date.
8.B. Passwords & Account Security
You are solely responsible for maintaining the confidentiality of your login credentials, including your password. You are also responsible for all activities that occur under your account, whether authorized by you or not. ASAP Digital Agency employees will never ask for your password. If you suspect unauthorized use of your account, you must notify us immediately.
8.C. Disclosure to Third Parties
As outlined in our Privacy Policy, we may share portions of your Registration Info with trusted third-party partners as necessary to provide and support our Services. Use of your data will always be in accordance with our privacy practices.
8.D. Account Non-Transferability
Accounts with ASAP Digital Agency are non-transferable. You may not assign your rights or delegate your obligations under these Terms to any third party without our written consent. Any unauthorized attempt to assign or delegate these rights will be null and void. ASAP Digital Agency reserves the right to assign these Terms or delegate responsibilities to any affiliated entity or third party at our discretion.
9. Disclaimer
All content and services offered through this website are provided on an “as is” and “as available” basis. ASAP Digital Agency makes no warranties—express or implied—including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.
Without limiting the foregoing, we do not warrant that:
The content or services will meet your specific requirements,
Access to the site or services will be uninterrupted, timely, secure, or error-free,
The results obtained from using the services or content will be accurate or reliable,
The quality of any products, services, or content purchased or obtained through the site will meet your expectations or be error-free.
This website may contain technical inaccuracies, outdated information, or typographical errors. ASAP Digital Agency reserves the right to make changes to any part of the site—including content, pricing, and services—at any time without prior notice.
Use of this site is at your own risk. You assume full responsibility for any loss or damage to your device, data, or business operations that may result from downloading or using any content or services from our site.
You may interact or transact with third-party vendors or users through our platform. You acknowledge and agree that:
All such transactions are solely between you and the third party;
ASAP Digital Agency is not a party to these agreements;
Any warranties, guarantees, or support related to third-party services are the sole responsibility of those third parties.
We make no guarantees or representations related to any third-party products, services, or transactions, and your participation in such interactions is entirely at your own risk.
We reserve the right, at our sole discretion, to modify or discontinue any aspect of the website—including services, features, and pricing structures—at any time without notice. We are not liable to you or any third party for exercising this right. Any new features added to enhance the current offerings will also be governed by these Terms of Service.
10. Limitation of Liability & Indemnification
Your sole and exclusive remedy—and our entire liability, if any—for any claim arising out of these Terms or your use of this site shall be limited to the total amount you paid to ASAP Digital Agency for services within the three (3) months preceding the event giving rise to such claim.
UNDER NO CIRCUMSTANCES shall ASAP Digital Agency, our affiliates, partners, officers, employees, or contractors be liable to you or any third party for any:
Special,
Punitive,
Incidental,
Indirect,
Consequential damages,
Including, but not limited to, loss of data, loss of revenue, business interruption, or lost profits—even if we have been advised of the possibility of such damages—arising from or related to your use of, or inability to use, this site or any linked or referenced websites.
Additionally, we are not liable for:
Third-party promises or representations about our services or content,
Any issues arising from commercial transactions between you and third parties via this site, including payment or delivery disputes.
Indemnification
You agree to defend, indemnify, and hold harmless ASAP Digital Agency, including its affiliates, directors, officers, employees, contractors, and agents, from and against any and all claims, liabilities, damages, losses, expenses, and costs (including reasonable legal and attorney fees) arising out of or related to:
Your use or misuse of our site, services, or content,
Your violation of these Terms or any applicable laws,
Your breach of any representation or warranty under this Agreement,
The use, misuse, or unauthorized access to any ASAP Digital Agency property by you or your agents,
Any dispute between you and another user, client, or third party related to services provided through or in connection with this site.
This section shall survive the termination of your relationship with ASAP Digital Agency.
11. Termination of Use
11.A. Grounds for Termination
You acknowledge and agree that ASAP Digital Agency may, at its sole discretion, suspend or terminate your access to all or part of our Site or Services at any time, with or without notice, for any reason. This includes, but is not limited to, violations of these Terms of Service or any suspected fraudulent, abusive, or unlawful activity. Such actions may also be reported to the appropriate legal authorities where applicable.
11.B. No Right to Continued Access After Termination
Once your account or access is terminated—regardless of the reason—your right to use the Site and Services will end immediately. ASAP Digital Agency will not be liable to you or any third party for any damages or claims resulting from such termination, suspension, or related actions.
11.C. How to Request Termination or Make Changes
To cancel your subscription or make changes to your account, written notice must be submitted to us at least 30 days prior to your next billing cycle. Notices can be sent to:
[email protected]
Failure to provide timely notice may result in additional charges before your cancellation takes effect.
11.D. Access Provided by Third Parties
If your access to the Services was granted by a third party (e.g., through a reseller or referral partner), please contact that party directly to handle any requests related to account changes, cancellations, or billing. ASAP Digital Agency does not have the authority to modify or cancel subscriptions not purchased directly through us.
12. Miscellaneous Provisions
12.A. Privacy
All personal or aggregate data you provide is governed by our Privacy Policy, available at https://www.asapdigitalagency.com/privacy-policy.
If you provide access to our platform or services to third parties (such as clients), you are responsible for implementing and enforcing your own privacy policy, which must provide at least the same level of data protection as ours. You must also obtain your clients’ explicit consent to be governed by your privacy practices.
12.B. International Use
While this website may be accessible globally, we make no representation that the materials, products, or services offered are suitable or available for use in locations outside the United States. If you choose to access or use the Site from outside the U.S., you do so voluntarily and assume full responsibility for compliance with all applicable local laws, including any taxation laws regarding online purchases.
12.C. Governing Law
This Site is operated from within the State of Texas, USA. These Terms and any disputes arising from or related to them shall be governed by the laws of the State of Texas, without regard to conflict of law rules. You agree to submit to the exclusive jurisdiction of courts located in Dallas County, Texas, for the resolution of any such disputes.
12.D. Notices
All legal notices or communications must be sent in writing. Notices to ASAP Digital Agency should be directed to:
kameron@asapdigitalagency.com
We may send notices to the email address or mailing address you have on file. Notices are considered delivered:
On the date of personal delivery
Two business days after being sent via overnight courier
Five business days after being sent via U.S. Mail (return receipt requested)
On the day of confirmed email transmission
12.E. Force Majeure
We are not liable for delays or failure to perform our obligations due to causes beyond our reasonable control. These include, but are not limited to: natural disasters, labor disputes, acts of war or terrorism, government restrictions, internet outages, or other unforeseen events.
12.F. Severability
If any provision of these Terms is deemed unenforceable or invalid, that part will be interpreted to best reflect the original intent under applicable law, and the rest of the Terms will remain fully enforceable.
12.G. No Waiver
Our failure to enforce any part of these Terms does not waive our right to do so later. Any waiver must be in writing and signed by an authorized representative.
12.H. Entire Agreement
These Terms of Service, along with our Privacy Policy, constitute the entire agreement between you and ASAP Digital Agency concerning your use of the Site and Services. These Terms supersede all prior communications and agreements. Any other documents or policies will be valid only if expressly agreed to in writing by both parties.
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