TOWER DIGITAL, LLC
dba Tower Digital Systems
TERMS OF SERVICE AND PRIVACY POLICY
Effective Date: January 1, 2024  |  Last Updated: May 7, 2026

1. INTRODUCTION AND ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Tower Digital, LLC dba Tower Digital Systems ("Tower Digital," "we," "us," or "our"). By engaging our services, accessing our website, submitting payment, or using any services provided by Tower Digital, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.

2. SERVICES

Tower Digital provides various digital marketing, web development, and AI-powered communication services, including but not limited to:

• Website design and development
• Website hosting and maintenance
• Search engine optimization (SEO) and AI/Answer Engine Optimization (AEO)
• Google Business Profile setup, optimization, and management
• Reputation management and review generation
• Digital marketing services and paid advertising management
• Social media marketing and management
• Content creation and management
• AI Receptionist Services: AI-powered voice agents that answer inbound calls, route calls, take messages, respond to caller inquiries, and perform appointment scheduling on Client's behalf, operating 24 hours a day, 7 days a week ("AI Receptionist Service")
• AI Agent Services: Intelligent automated communication agents deployed via voice, SMS, or web chat to engage, qualify, and route Client's customers and leads
• Any other digital or AI-powered services as agreed upon in writing

The specific services provided to Client will be outlined in a separate Service Agreement, Statement of Work, or other documentation provided by Tower Digital.

3. PAYMENT TERMS

3.1 Fees and Payment

Client agrees to pay all fees as specified in the applicable Service Agreement, invoice, or other documentation provided by Tower Digital. All payments are due upon receipt of invoice unless otherwise specified in writing.

3.2 Non-Refundable Payments

ALL PAYMENTS TO TOWER DIGITAL ARE NON-REFUNDABLE. This includes, but is not limited to, all deposits, setup fees, design fees, development fees, hosting fees, maintenance fees, AI Receptionist setup fees, monthly subscription fees, and per-minute or per-call usage fees. No refunds will be provided under any circumstances, including but not limited to Client dissatisfaction, change of business direction, AI agent performance disagreements, or termination of services.

3.3 Late Payments

Payments received more than five (5) days after the due date will incur a late fee of fifty dollars ($50.00 USD). If payment is not received within ten (10) days of the due date, services will be suspended without further notice. Reinstatement of suspended services requires payment of all outstanding balances, any accrued late fees, and a reactivation fee of two hundred dollars ($200.00 USD). Tower Digital is not responsible for any consequences arising from such suspension, including but not limited to loss of business, revenue, missed calls, or data.

3.4 Billing Resumption Following Guarantee Period

In the event Tower Digital continues services beyond the standard guarantee window at no charge pursuant to Section 15.16, standard monthly billing automatically resumes on the calendar date on which Client's website first achieves verified organic search appearance on Google for Client's name or primary business name. The appearance date is established by dated screenshot documentation retained by Tower Digital. No additional notice is required. Billing resumption is automatic upon verified appearance.

3.5 AI Receptionist Usage and Overage Billing

AI Receptionist Services are provided under a monthly subscription that includes a defined allotment of call minutes or interactions as specified in the applicable Service Agreement. Usage in excess of the included allotment is subject to overage charges at the per-minute or per-interaction rate specified at time of enrollment. Overage charges are calculated from Tower Digital's platform records, which shall be conclusive for billing purposes. Tower Digital reserves the right to adjust included allotments or overage rates upon thirty (30) days written notice pursuant to Section 15.12.

3.6 Taxes

All fees are exclusive of applicable federal, state, local, and foreign taxes, which are the sole responsibility of Client.

4. TERM AND TERMINATION

4.1 Term

The initial term of service shall begin on the date specified in the Service Agreement and shall continue until terminated in accordance with these Terms.

4.2 Termination

Either party may terminate services by providing thirty (30) days written notice. Client must send termination notices to support@towerdigital.org. Tower Digital may send termination notices to the email address on file for Client. Tower Digital reserves the right to terminate services immediately and without notice in the event of Client's breach of these Terms. Upon termination of AI Receptionist Services, Tower Digital will deactivate the AI agent and disconnect the associated phone number. Client is responsible for all call minutes consumed through the termination effective date.

4.3 Effect of Termination

Upon termination of services for any reason:

• All outstanding balances become immediately due and payable
• All licenses granted to Client shall immediately terminate
• Tower Digital may immediately cease providing all services including AI Receptionist Services
• Client shall not be entitled to any refund of any kind
• Client shall not receive any website files, code, content, AI agent configurations, call transcripts, or other deliverables unless specifically agreed to in writing by Tower Digital prior to termination
• Client shall immediately cease using any materials, content, or intellectual property owned by Tower Digital

 

5. OWNERSHIP AND INTELLECTUAL PROPERTY

5.1 Tower Digital Ownership

TOWER DIGITAL RETAINS EXCLUSIVE OWNERSHIP OF ALL INTELLECTUAL PROPERTY RIGHTS, including but not limited to all designs, graphics, code, content, photographs, videos, written materials, business strategies, marketing plans, software, scripts, AI agent configurations, knowledge base content created by Tower Digital, voice agent personas, call flow architectures, processes, and other materials created or provided by Tower Digital in connection with the services. Client acknowledges that no transfer of ownership of any intellectual property occurs under these Terms.

5.2 Domain Names

Unless otherwise specified in writing in the applicable Service Agreement, domain names registered or managed by Tower Digital on behalf of Client remain the property of Tower Digital for the duration of the service engagement. Client acknowledges that domain ownership as held by Tower Digital is a component of the managed service and is integral to the performance and continuity of SEO and ranking results. Upon termination, Tower Digital has no obligation to transfer domain ownership to Client unless a written domain transfer agreement was executed prior to or at the time of engagement.

5.3 Limited License

Tower Digital grants Client a limited, non-exclusive, non-transferable, revocable license to use the materials created by Tower Digital solely in connection with the services provided and only for the duration that Client continues to engage and pay for Tower Digital's services.

5.4 Website and Content Restrictions

Client acknowledges and agrees that:

• The website, including all code, content, and design elements, cannot be transferred or migrated to another hosting service
• Client may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from or created by Tower Digital without prior written consent
• Client may not attempt to decompile, reverse engineer, or disassemble any code, software, or AI agent configuration

5.5 Client Materials

Client grants Tower Digital a perpetual, worldwide, royalty-free license to use, reproduce, modify, and display any materials provided by Client for the purpose of providing the services. Client represents and warrants that it has all necessary rights to grant this license and that all materials provided are owned by Client or properly licensed. Client indemnifies Tower Digital against any claim arising from use of materials Client provided.

6. WEBSITE HOSTING AND MAINTENANCE

6.1 Hosting Services

Tower Digital will make reasonable efforts to ensure website availability but does not guarantee uninterrupted or error-free operation. Tower Digital reserves the right to temporarily suspend hosting services for maintenance or modifications.

6.2 Website Content and Updates

Tower Digital shall have sole discretion over website design, functionality, and SEO-related content. Client may request changes, but Tower Digital reserves the right to determine whether changes will be implemented. Changes to H1 headings, URL structure, page titles, meta descriptions, or location pages requested by Client that Tower Digital reasonably believes will negatively impact search rankings may be declined or implemented only after Client provides written acknowledgment that Tower Digital has advised against the change and Client accepts sole responsibility for any resulting ranking impact.

6.3 Non-Transferability

THE WEBSITE CANNOT BE TRANSFERRED OR MIGRATED TO ANOTHER HOSTING SERVICE under any circumstances. Tower Digital retains exclusive ownership of all website files, code, databases, and content.

7. CLIENT RESPONSIBILITIES

7.1 Cooperation and Information

Client agrees to provide timely and accurate information, materials, and feedback as reasonably requested by Tower Digital. Delays in providing such information may result in delays in service delivery, for which Tower Digital shall not be liable. Failure to respond to Tower Digital requests within fourteen (14) days constitutes a material breach and may void the Ranking Guarantee as described in Section 15.16.

7.2 NAP Consistency

Client is responsible for maintaining consistent NAP (Name, Address, Phone number) information across all online platforms including but not limited to the Tower Digital managed website, Google Business Profile, social media profiles, Zillow, Realtor.com, broker websites, and all third-party directories. Client must notify Tower Digital immediately of any NAP change. Inconsistent NAP information across platforms is a known negative ranking factor and Tower Digital cannot be held responsible for ranking impacts caused by Client's inconsistent or inaccurate NAP information.

7.3 No Unauthorized Third-Party Services or Code

Client agrees not to engage any third-party SEO services, link building campaigns, backlink acquisition tools, citation farms, or automated directory submission services simultaneously with Tower Digital services without prior written approval. Client further agrees not to install any third-party code, plugins, scripts, tracking pixels, chat tools, lead capture tools, or any other external software or integrations on the Tower Digital managed website without prior written approval from Tower Digital. Unauthorized third-party services or code installations are a material breach of these Terms and immediately void the Ranking Guarantee described in Section 15.16. Tower Digital accepts no responsibility for ranking impacts, security vulnerabilities, or performance degradation caused by unauthorized third-party code or services.

7.4 No Unauthorized Site Modifications

Client agrees not to modify H1 headings, URL structure, page titles, meta descriptions, site architecture, or location pages without prior written approval from Tower Digital. Where Tower Digital advises against a requested modification and Client insists on proceeding, Client must provide written acknowledgment accepting sole responsibility for any resulting ranking or performance impact before the modification will be implemented. Such modifications, if implemented over Tower Digital's written objection, immediately void the Ranking Guarantee.

7.5 Google Business Profile

Where applicable, Client is responsible for creating and verifying their own Google Business Profile (GBP) and adding Tower Digital as a manager. Tower Digital will provide setup instructions at no additional charge at the Standard service tier, or will manage the setup process at the Managed service tier. Client's failure to establish and maintain an active GBP affects the scope of achievable ranking results and the applicability of the Ranking Guarantee as described in Section 15.16.

7.6 AI Receptionist Client Responsibilities

Where Client subscribes to AI Receptionist Services, Client agrees to:

• Provide accurate and complete information for the AI agent knowledge base including business hours, service area, pricing, services offered, and any other information Client wishes the AI to communicate to callers
• Review and approve the AI agent script, greeting, and call flow prior to activation. Failure to respond to approval requests within three (3) business days constitutes automatic approval
• Notify Tower Digital immediately of any changes to business information, services, hours, or policies that require updates to the AI agent knowledge base. Tower Digital is not responsible for AI agent responses based on outdated information provided by Client
• Comply with all applicable federal, state, and local laws governing telephone communications, including the Telephone Consumer Protection Act (TCPA), applicable state call recording disclosure laws, and any artificial intelligence disclosure requirements in Client's jurisdiction
• Ensure that any required call recording disclosures or AI disclosure notices are implemented. Tower Digital will make reasonable efforts to include standard disclosure language in the AI agent greeting upon Client's request, but Client bears sole legal responsibility for compliance with all applicable disclosure requirements in Client's specific jurisdiction and industry
• Not use the AI Receptionist Service for any illegal, fraudulent, harassing, or abusive purpose, or in any manner that violates the terms of the underlying AI platform providers
• Not instruct the AI agent to misrepresent Tower Digital's services, make false claims, engage in deceptive practices, or impersonate a specific named individual without that individual's consent

7.7 Compliance with Laws

Client agrees to use Tower Digital's services in compliance with all applicable laws, regulations, and industry standards. Client shall not use Tower Digital's services for any illegal, harmful, fraudulent, or objectionable purpose.

7.8 Account Security

Client is responsible for maintaining the confidentiality of any account credentials provided by Tower Digital and must immediately notify Tower Digital of any unauthorized access or security breach.

7.9 Professional Conduct

Client agrees to engage with Tower Digital and its staff in a professional and respectful manner. Repeated patterns of inappropriate, harassing, threatening, or abusive communication directed toward Tower Digital, its officers, staff, or contractors will not be tolerated and may result in immediate termination of services without refund.

8. REPRESENTATIONS AND WARRANTIES

8.1 Client Warranties

Client represents and warrants that it has the legal authority to enter into this agreement, all information provided is accurate and complete, it owns or has proper license to all materials provided, its use of Tower Digital's services will not violate any applicable laws or third-party rights, and that Client has obtained all necessary consents and authorizations required to deploy an AI receptionist or AI agent to interact with Client's customers and callers.

8.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 15.16 (RANKING GUARANTEE PROGRAM), TOWER DIGITAL'S SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TOWER DIGITAL DOES NOT WARRANT THAT THE SERVICES WILL MEET CLIENT'S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. TOWER DIGITAL DOES NOT WARRANT THAT THE AI RECEPTIONIST OR AI AGENT WILL ACCURATELY RESPOND TO EVERY CALLER INQUIRY, ACHIEVE ANY SPECIFIC CALL ANSWER RATE, BOOK ANY SPECIFIC NUMBER OF APPOINTMENTS, OR PREVENT ANY SPECIFIC BUSINESS LOSS.

8.3 Search Engine Algorithm Disclaimer

Client acknowledges that search engine algorithms, ranking factors, and platform policies are controlled entirely by third parties (including Google, Bing, and others) and are subject to change at any time without notice. Tower Digital has no control over search engine algorithms and cannot be held liable for ranking fluctuations caused by algorithm updates, competitor actions, market changes, or any other factors outside Tower Digital's direct control. Tower Digital will make good-faith efforts to adapt strategies in response to algorithm changes but does not guarantee that prior ranking positions will be maintained following any such change.

8.4 AI Platform Disclaimer

Client acknowledges that Tower Digital's AI Receptionist and AI Agent Services are powered by third-party artificial intelligence platforms and voice infrastructure providers. Tower Digital does not own, develop, or control the underlying AI models, voice synthesis technology, telephony infrastructure, or natural language processing systems used to deliver AI Receptionist Services. Tower Digital cannot guarantee the accuracy, availability, or performance of the underlying AI platforms and is not liable for service interruptions, errors, or performance degradations caused by third-party AI platform outages, updates, or policy changes. AI responses are generated dynamically and may not always reflect the exact language or policies approved by Client. Tower Digital will make good-faith efforts to configure and maintain the AI agent to perform as intended but cannot guarantee perfect accuracy in all call scenarios.

9. LIMITATION OF LIABILITY

9.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOWER DIGITAL, ITS OWNERS, AGENTS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, MISSED BUSINESS OPPORTUNITIES, MISSED CALLS, INACCURATE AI AGENT RESPONSES, OR OTHER INTANGIBLE LOSSES.

9.2 Maximum Liability

TOWER DIGITAL'S TOTAL LIABILITY TO CLIENT FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNTS PAID BY CLIENT TO TOWER DIGITAL DURING THE CURRENT BILLING CYCLE IN WHICH THE ALLEGED BREACH OCCURRED.

9.3 AI Receptionist Specific Limitation

TOWER DIGITAL SHALL NOT BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO: THE PERFORMANCE, ACCURACY, OR STATEMENTS MADE BY THE AI RECEPTIONIST OR AI AGENT DURING INBOUND OR OUTBOUND CALLS OR MESSAGES; ANY REGULATORY VIOLATION IN CLIENT'S JURISDICTION RESULTING FROM CLIENT'S USE OF THE AI RECEPTIONIST SERVICE INCLUDING BUT NOT LIMITED TO TCPA VIOLATIONS, STATE CALL RECORDING VIOLATIONS, OR AI DISCLOSURE REQUIREMENT VIOLATIONS; ANY MISSED CALL, FAILED BOOKING, OR LOST REVENUE ATTRIBUTABLE TO AI AGENT PERFORMANCE; OR ANY THIRD-PARTY CLAIM ARISING FROM A CALLER'S INTERACTION WITH CLIENT'S AI RECEPTIONIST.

9.4 Time Limitation

Any cause of action or claim must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.

10. INDEMNIFICATION

Client agrees to defend, indemnify, and hold harmless Tower Digital, LLC, its owners, officers, directors, employees, agents, contractors, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney's fees) arising from: Client's use of Tower Digital's services including AI Receptionist Services; Client's violation of any term of these Terms; Client's violation of any third-party right including any copyright, property, privacy, or telephone communication right; any claim by Client's customers or callers arising from their interaction with Client's AI receptionist or AI agent; Client's failure to comply with applicable call recording disclosure laws, TCPA requirements, or AI disclosure requirements; and any claim that Client's content or materials caused damage to a third party.

11. CONFIDENTIALITY

11.1 Definition

"Confidential Information" means any non-public information disclosed by either party to the other, including but not limited to business plans, customer lists, financial information, marketing strategies, AI agent configurations, call transcripts, caller data, and proprietary technology.

11.2 Obligations

Each party agrees to hold the other party's Confidential Information in strict confidence, not disclose it to any third party, use it only for purposes of performing obligations under these Terms, and take reasonable measures to protect it from unauthorized disclosure.

11.3 Exclusions

Confidential Information does not include information that was in the public domain at the time of disclosure, becomes public after disclosure through no fault of the receiving party, was known to the receiving party prior to disclosure, or is lawfully obtained from a third party without restriction.

12. DISPUTE RESOLUTION

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois.

12.2 Jurisdiction and Venue

ANY LITIGATION ARISING OUT OF OR RELATED TO THESE TERMS SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS LOCATED IN MCHENRY COUNTY, ILLINOIS.

12.3 Alternative Dispute Resolution

Before filing any legal action, the parties agree to attempt in good faith to resolve any dispute through negotiation. If negotiation fails, the parties agree to submit the dispute to mediation before an impartial mediator in McHenry County, Illinois. The costs of mediation shall be shared equally.

12.4 Attorneys' Fees

The prevailing party in any dispute shall be entitled to recover its reasonable attorneys' fees, costs, and expenses.

13. GENERAL PROVISIONS

13.1 Entire Agreement

These Terms, together with any Service Agreement or other documentation provided by Tower Digital, constitute the entire agreement between the parties and supersede all prior communications and proposals.

13.2 Severability

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

13.3 No Waiver

Tower Digital's failure to enforce any right or provision shall not be deemed a waiver. Any waiver will be effective only if in writing and signed by Tower Digital.

13.4 Assignment

Client may not assign or transfer these Terms or any rights hereunder without prior written consent of Tower Digital. Tower Digital may assign or transfer these Terms without restriction.

13.5 Force Majeure

Tower Digital shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, civil disorder, fire, floods, network infrastructure failures, AI platform outages, voice carrier outages, strikes, government actions, or search engine algorithm changes.

13.6 Notices

All notices to Tower Digital must be sent in writing to support@towerdigital.org. Notices to Client may be sent to the email address on file.

13.7 Independent Contractor

Tower Digital is an independent contractor. Nothing in these Terms shall be construed as creating an employer-employee relationship, partnership, joint venture, or agency relationship.

13.8 Changes to Terms

Tower Digital reserves the right to modify these Terms at any time. Updated Terms will be posted on our website. Client's continued use of services after such changes constitutes acceptance of the modified Terms.

14. PRIVACY POLICY

14.1 Information Collection and Use

Tower Digital collects and uses personal information to provide and maintain services, notify clients about changes, provide customer support, gather analysis to improve services, monitor usage, and detect and prevent technical issues. Types of information collected include contact information, billing information, website usage data, communication data, call transcripts and recordings generated through AI Receptionist Services, caller identification data, and content and materials provided by Client.

14.2 AI Receptionist Call Data

Where Client subscribes to AI Receptionist Services, Tower Digital and its AI platform providers will collect, process, and store call recordings, call transcripts, caller phone numbers, caller-provided information, and interaction logs ("Call Data"). Call Data is collected for the purpose of providing, improving, and maintaining the AI Receptionist Service and for Client's review and account management. Tower Digital shares Call Data with its underlying AI platform providers as necessary to deliver the service. Client acknowledges that callers to Client's AI receptionist number may be subject to call recording and that Client is solely responsible for providing any required call recording disclosures to callers in compliance with applicable law. Tower Digital does not sell Call Data to third parties.

14.3 Information Sharing and Disclosure

Tower Digital may disclose personal information to comply with legal obligations, protect Tower Digital's rights or property, prevent wrongdoing, protect user safety, service providers and AI platform partners performing services on Tower Digital's behalf, and in connection with a merger, sale, or acquisition.

14.4 Data Security

Tower Digital takes reasonable measures to protect personal information but cannot guarantee absolute security. No method of transmission over the internet is 100% secure. Client acknowledges that call recordings and transcripts transmitted over telephone networks and internet infrastructure are subject to the inherent security limitations of those systems.

14.5 Data Retention

Tower Digital will retain personal information and Call Data only as long as necessary for the purposes set out in this Privacy Policy or as required by applicable law. Upon termination of AI Receptionist Services, Tower Digital will retain Call Data for a period of ninety (90) days before deletion unless Client requests earlier deletion in writing or applicable law requires longer retention.

14.6 Cookies and Tracking

Tower Digital may use cookies, web beacons, pixels, and similar tracking technologies. You can instruct your browser to refuse all cookies.

14.7 Children's Privacy

Services are not intended for use by children under the age of 13. Tower Digital does not knowingly collect information from children under 13.

14.8 Your Rights

Depending on your location, you may have rights to access, correct, delete, or port your personal information. To exercise these rights, contact support@towerdigital.org.

14.9 Changes to Privacy Policy

Tower Digital may update this Privacy Policy at any time. Changes are effective when posted to the website.

15. ADDITIONAL PROVISIONS

15.1 Website Backups

Tower Digital may, but is not obligated to, perform regular backups. Tower Digital makes no warranties regarding the availability, completeness, or recoverability of backup data.

15.2 Third-Party Integrations

Tower Digital may utilize third-party services including AI platform providers, voice infrastructure providers, telephony carriers, and cloud service providers in providing services to Client. Tower Digital makes no warranties regarding the availability, performance, accuracy, or security of such third-party services. Outages, errors, or policy changes by third-party AI or telephony providers are outside Tower Digital's control and do not constitute a breach of these Terms.

15.3 Content Approval

Client is responsible for reviewing and approving all content prior to publication, including AI agent scripts and knowledge base content. Failure to respond to approval requests within three (3) business days shall constitute automatic approval.

15.4 Electronic Signature

Client's payment for services, use of services, form submission acknowledgment, or acknowledgment via email or other electronic means shall constitute electronic signature and acceptance of these Terms.

15.5 Digital Marketing Services

For digital marketing services including SEO, paid advertising, social media, and reputation management: Tower Digital retains full control over marketing strategies, keyword selection, ad copy, and campaign management. Client acknowledges that search engine algorithms and digital advertising platforms may change at any time. All accounts, logins, and profiles created for marketing purposes remain the property of Tower Digital unless otherwise specified in writing. Upon termination, Tower Digital may at its sole discretion suspend, delete, or transfer ownership of any marketing accounts.

15.6 Client Acknowledgment of SEO Factors

Client acknowledges that SEO results are influenced by numerous factors outside Tower Digital's control including search engine algorithm changes, competitor activities, market conditions, Client's own actions on the managed website, Client's NAP consistency across platforms, and the presence and quality of Client's Google Business Profile. Tower Digital commits to providing services with professional skill and care and in accordance with current industry best practices.

15.7 Survival

Sections 3, 5, 8, 9, 10, 11, 12, 15.8 through 15.20, and any other provisions that by their nature should survive termination shall survive the termination of these Terms.

15.8 Scope of Services and Change Orders

The services provided by Tower Digital are limited to those described in the applicable Service Agreement, Statement of Work, or other written documentation provided at the time of engagement. Any request by Client for services, features, functionality, integrations, platforms, tools, or deliverables not expressly included in the original scope constitutes a change in scope and is not covered by the existing service fee. Tower Digital has no obligation to fulfill out-of-scope requests under existing pricing. Out-of-scope requests require a separate written change order signed by both parties and may be subject to additional setup fees, monthly fees, or one-time project fees at Tower Digital's sole discretion. Tower Digital's good-faith discussion of any requested feature or service, whether by phone, email, video call, or any other communication channel, does not constitute a commitment to provide that feature or service and does not modify the original scope unless confirmed in a signed written change order. Client acknowledges that verbal discussions regarding potential features are exploratory only and create no binding obligation on Tower Digital.

15.9 Failed, Returned, or Disputed Payments

In the event any payment is returned, declined, or reversed for any reason including but not limited to insufficient funds, card disputes, bank errors, or chargebacks, Client's account is considered immediately in default and a returned payment fee of fifty dollars ($50.00 USD) is assessed immediately upon the failed payment event. If the failed payment is not resolved within five (5) days of the original due date, an additional late fee of fifty dollars ($50.00 USD) applies. If the failed payment is not resolved within ten (10) days of the original due date, all services will be suspended without further notice, including immediate deactivation of AI Receptionist Services. Reinstatement of suspended services requires payment of all outstanding balances, all accrued fees, and a reactivation fee of two hundred dollars ($200.00 USD) before services will resume.
Client agrees not to initiate chargebacks or payment disputes with their financial institution for services rendered. In the event Client initiates a chargeback, Tower Digital reserves the right to immediately suspend all services, pursue collection of all outstanding amounts including legal fees and collection costs, and report the matter to relevant agencies. Tower Digital's records of services rendered shall be conclusive for purposes of any payment dispute. Client bears the burden of demonstrating non-performance by clear and convincing evidence.

15.10 Browser Compatibility and Accessibility

Tower Digital designs and develops websites to function with current versions of major modern web browsers including Google Chrome, Mozilla Firefox, Apple Safari, and Microsoft Edge at the time of build. Tower Digital does not guarantee compatibility with outdated, legacy, or discontinued browsers including but not limited to Internet Explorer, nor with browser versions released after the site launch date without a separate maintenance engagement. Tower Digital makes reasonable good-faith efforts to implement accessibility best practices but does not guarantee compliance with any specific accessibility standard including WCAG 2.0, WCAG 2.1, ADA Title III, or Section 508. Client is solely responsible for consulting appropriate legal counsel regarding any accessibility compliance obligations specific to Client's business, industry, or jurisdiction. Tower Digital shall bear no liability whatsoever for any claims, regulatory actions, penalties, or damages arising from accessibility non-compliance.

15.11 Preview Site Offer — Expiration and Limitations

Where Tower Digital offers to build a preview website for a prospective client prior to payment as a demonstration of Tower Digital's capabilities ("Preview Offer"), such Preview Offer expires thirty (30) days from the date the preview site is first delivered or made accessible to the prospective client. If the prospective client does not execute a signed Service Agreement and submit required payment within thirty (30) days of preview delivery, the Preview Offer expires automatically without notice and Tower Digital reserves the right to take down, repurpose, or permanently delete the preview site at its sole discretion. Tower Digital has no obligation to maintain, preserve, re-deliver, or reconstruct any expired preview site under any circumstances. A new Preview Offer, if extended at Tower Digital's sole discretion, is subject to then-current pricing, terms, and availability. Preview sites are the exclusive intellectual property of Tower Digital at all times. No rights to the preview site or its contents are transferred to any prospective client under any circumstances, including if the prospective client engages a competing provider after receiving a preview. The Preview Offer is provided at Tower Digital's sole discretion and Tower Digital reserves the right to decline to build a preview site for any prospective client without explanation. Where Tower Digital offers a demo AI Receptionist call as a demonstration prior to Client's purchase, such demo is provided for evaluation purposes only. No service agreement, commitment, or binding obligation arises from Client's participation in an AI Receptionist demo call.

15.12 Rate Adjustments

Tower Digital reserves the right to adjust monthly service fees, AI Receptionist subscription fees, and per-minute or per-interaction overage rates at any time upon thirty (30) days written notice to Client at the email address on file. Adjusted rates take effect on the first billing date following the thirty-day notice period. Client's continued use of Tower Digital's services after a rate adjustment constitutes irrevocable acceptance of the new rate. If Client does not accept an adjusted rate, Client's sole remedy is to terminate services in accordance with Section 4.2 before the new rate takes effect. No grandfathered, legacy, or verbally agreed rate is binding on Tower Digital beyond the current signed Service Agreement term unless confirmed in a separately executed written amendment signed by Tower Digital. Tower Digital's voluntary maintenance of below-market rates for any client at any time does not create a contractual obligation to maintain those rates indefinitely and does not constitute a waiver of Tower Digital's rights under this clause.

15.13 Communications Compliance — CAN-SPAM and TCPA

By submitting any form on Tower Digital's website, executing a Service Agreement, or otherwise providing contact information to Tower Digital, Client and prospective clients expressly consent to receive communications from Tower Digital including but not limited to emails, phone calls, and text messages regarding Tower Digital's services, account status, billing matters, and related business communications. Tower Digital's email communications comply with the CAN-SPAM Act. Recipients may opt out of marketing emails at any time by following the unsubscribe instructions in each email or contacting support@towerdigital.org. Transactional and account-related emails are not subject to opt-out. By providing a mobile phone number, Client expressly consents to receive text messages from Tower Digital including automated messages regarding account status, service updates, billing, and follow-up communications pursuant to the Telephone Consumer Protection Act (TCPA). Message and data rates may apply. Text STOP to opt out of marketing text messages. Consent to receive communications is not a condition of purchasing any service. Tower Digital is not liable for any claims arising from Client providing an incorrect, outdated, or third-party phone number or email address.

15.14 Professional Recommendations — Verbal and Written

Tower Digital's professional recommendations regarding website strategy, SEO architecture, H1 headings, URL structure, location pages, Google Business Profile setup, NAP consistency, content decisions, keyword targeting, AI agent configuration, call flow design, and any other aspect of digital marketing or AI service strategy constitute professional advice regardless of the format or channel through which they are delivered. Professional recommendations delivered verbally by telephone, video call, voice message, or in-person conversation carry equal professional and legal weight to recommendations delivered in writing by email, text message, or formal written communication. Tower Digital's failure to reduce any verbal recommendation to writing in any specific instance does not diminish the standing of that recommendation, does not constitute a waiver of Tower Digital's rights under these Terms, and does not reduce Client's responsibility for decisions made contrary to it.
Where Client elects to proceed with any action contrary to Tower Digital's professional recommendation, whether such recommendation was delivered verbally, in writing, or both, Client assumes sole, complete, and irrevocable responsibility for all consequences of that decision including but not limited to loss of search engine rankings, reduction in organic traffic, loss of Google Business Profile standing, loss of local map pack visibility, indexing penalties, AI agent performance degradation, and any associated loss of business or revenue. Tower Digital bears no liability whatsoever for any ranking declines, traffic losses, performance degradation, or business impacts resulting from Client-directed changes made contrary to Tower Digital's recommendation in any format.
Tower Digital's standard practice is to follow up significant telephone recommendations with a same-day written confirmation via email. Tower Digital's failure to follow up any specific verbal recommendation with written confirmation does not diminish the recommendation's standing or Tower Digital's rights under these Terms.

15.15 Territorial Exclusivity

Where Tower Digital's Service Agreement specifies territorial exclusivity for a Client in a defined geographic market or vertical category, Tower Digital will not actively market or sell the same category of service to a second client within that defined territory during the period of Client's active paid service. Territorial exclusivity is limited to the specific service category and geography defined in the Service Agreement. Exclusivity is contingent upon Client's account remaining current and in good standing. Tower Digital reserves the right to offer services in any territory upon Client's account becoming delinquent, suspended, or terminated. Territorial exclusivity is a voluntary business commitment by Tower Digital and does not constitute a covenant not to compete enforceable beyond the specific terms stated in the applicable Service Agreement.

15.16 Ranking Guarantee — Exact Definition and Void Conditions

Tower Digital's Ranking Guarantee ("You WILL Rank on Google. Or We Work Free Until You Do.") means that Tower Digital will continue providing managed SEO services at no charge beyond the standard monthly fee until Client's website achieves verified organic search appearance on Google for Client's own name or primary registered business name. This guarantee is subject to the following precise definitions and conditions:
Ranking means verified organic appearance in Google search results for Client's own business name or primary business name as registered. Ranking does not mean: appearance on page one of Google for competitive market keywords; appearance in the Google local 3-pack or map results, which requires an active verified Google Business Profile and is not guaranteed under the standard tier; appearance at any specific position number in organic results; or ranking for any keyword other than Client's own business name.
The Ranking Guarantee is immediately and permanently void if any of the following conditions occur: Client fails to create a Google Business Profile and add Tower Digital as a manager within thirty (30) days of site launch; Client changes NAP information without notifying Tower Digital; Client or any party authorized by Client modifies H1 headings, URLs, or page titles without Tower Digital's prior written approval; Client engages any third-party SEO service simultaneously with Tower Digital's services; Client installs third-party code on the managed website without Tower Digital's prior written approval; Client fails to respond to Tower Digital content or information requests within fourteen (14) days; or Client makes modifications to the managed website over Tower Digital's written objection.
Billing automatically resumes on the calendar date on which Client's website first achieves verified organic appearance as documented by dated screenshot retained by Tower Digital. No additional notice is required before billing resumes.

15.17 Marketing Use Authorization

Client grants Tower Digital a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, and display: screenshots of Client's website; search engine results page (SERP) screenshots showing Client's rankings; Google Business Profile screenshots; before and after comparisons of Client's digital presence; written and verbal testimonials provided by Client or Client's authorized representatives; and case study information describing the nature of services provided, results achieved, and Client's vertical and market, with or without Client's business name at Tower Digital's discretion. This license survives termination of services. Tower Digital's marketing use of Client materials does not constitute an endorsement of any specific result for any other client or prospective client.

15.18 AI Receptionist Service Level and Performance Acknowledgment

Client acknowledges and agrees that AI Receptionist Services are provided on a best-efforts basis using currently available AI voice and natural language processing technology. AI agent performance is dependent on: the accuracy and completeness of information provided by Client for the knowledge base; call audio quality and network conditions; the nature and complexity of caller inquiries; and the capabilities and availability of the underlying third-party AI platform. Tower Digital does not guarantee any specific call answer rate, booking conversion rate, caller satisfaction level, or revenue outcome from AI Receptionist Services. Client acknowledges that AI agents may occasionally misunderstand caller intent, provide incomplete responses, or fail to complete a requested action, and that these limitations are inherent to current AI technology and do not constitute a breach of these Terms.

15.19 State-Specific AI and Call Recording Compliance

Call recording and AI disclosure laws vary by state and jurisdiction. Some states including but not limited to California, Illinois, Maryland, Massachusetts, and Washington require all-party consent before recording a telephone conversation. Some jurisdictions have enacted or are enacting laws requiring businesses to disclose when a caller is interacting with an AI system rather than a human. Client is solely responsible for determining the applicable disclosure and consent requirements in Client's jurisdiction and in the jurisdictions of Client's callers, and for ensuring that Client's AI Receptionist configuration complies with those requirements. Tower Digital will implement standard disclosure language in the AI agent greeting upon Client's written request but makes no representation that any specific disclosure language satisfies the requirements of any particular jurisdiction. Tower Digital shall bear no liability whatsoever for any regulatory violation, penalty, or claim arising from Client's failure to comply with applicable call recording consent or AI disclosure laws.

15.20 AI Receptionist Demo Calls

Tower Digital may make its AI Receptionist demo agent available to prospective clients for evaluation via the phone number published on Tower Digital's website or provided in outreach communications. By calling the Tower Digital demo number, callers acknowledge that they are interacting with an artificial intelligence system for demonstration purposes. Demo calls may be recorded for quality assurance and product improvement purposes. No service agreement, commitment, or binding obligation arises from a demo call. Tower Digital's demo AI agent is configured to represent Tower Digital's own services and does not represent any client's business. Demo call recordings and transcripts are the exclusive property of Tower Digital.

Tower Digital, LLC  dba Tower Digital Systems
support@towerdigital.org  |  (312) 574-0109  |  towerdigital.org
9225 Bay Plaza Blvd Suite 417, Tampa, FL 33619