Effective Date: June 1, 2025
These Terms of Service ("Terms") govern your use of the services provided by David Media Group ("DMG," "we," "us," or "our"), a content creation and marketing agency based in New York City. By engaging our services or accessing this website, you agree to these Terms.
DMG provides content creation, photography, video production, marketing automation, SMS and email marketing, and related consulting services. The specific scope of services for each client is defined in a separate service agreement or statement of work executed between DMG and the client.
By using our services or website, you represent that you are at least 18 years of age, have the legal authority to enter into a binding agreement, and are not prohibited from receiving services under applicable law.
In delivering marketing services, DMG may use third-party software platforms including but not limited to GoHighLevel, Meta Business Suite, Google Workspace, and scheduling or analytics tools. You authorize DMG to use these platforms on your behalf as necessary to perform the agreed services.
Some services require DMG to connect to your third-party accounts, including but not limited to your Google Business Profile via Google OAuth. By authorizing such connections, you grant DMG permission to read your Google Business Profile information, read and post replies to your customer reviews, and view your Business Profile performance insights, solely for the purpose of delivering the contracted services. DMG does not edit, modify, or overwrite your underlying business profile information (such as name, address, phone number, or hours) through this integration. You may revoke this access at any time without affecting your broader account. DMG will handle all third-party account data in accordance with our Privacy Policy.
You agree not to use DMG's services to:
Upon full payment of all invoiced amounts, DMG grants you a non-exclusive license to use the deliverables created under your service agreement for the purposes specified therein. DMG retains the right to display work in its portfolio unless otherwise agreed in writing. All tools, systems, templates, and proprietary processes developed by DMG remain DMG's sole property.
Fees for services are set forth in the applicable service agreement. Payment is due according to the terms specified therein. Late payments may be subject to a 1.5% monthly finance charge. DMG reserves the right to suspend services for accounts more than 14 days past due.
DMG provides services on an "as is" and "as available" basis. We do not guarantee specific outcomes, results, or revenue from our content or marketing services. Results depend on many factors outside DMG's control, including market conditions, platform algorithm changes, and client participation.
To the fullest extent permitted by law, DMG shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of our services, even if DMG has been advised of the possibility of such damages. DMG's total liability for any claim arising out of or related to these Terms shall not exceed the total amount paid by you to DMG in the three months preceding the claim.
You agree to indemnify and hold harmless DMG and its principals, employees, and contractors from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms, your use of our services, or your violation of any applicable law or third-party right.
Either party may terminate a service agreement with 30 days' written notice, unless otherwise specified in the agreement. DMG may terminate immediately for material breach, non-payment, or conduct that violates these Terms. Upon termination, all fees for work completed through the termination date remain due.
DMG reserves the right to update these Terms at any time. Continued use of our services after changes are posted constitutes acceptance of the revised Terms. We will provide reasonable notice of material changes.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York.
Questions about these Terms may be directed to:
David Media Group
Email: info@davidmediagroup.com
New York City, NY