Terms of Service

1 Agreement to Terms

These Terms of Service ("Terms") govern your engagement with DaytonGrowthCo. LLC ("we," "us," or "our"). By engaging our services or submitting an inquiry, you agree to be bound by these Terms of Service. If you do not agree, please do not use our services. We reserve the right to update these Terms at any time, and continued use of our services after changes constitutes acceptance.

2 Scope of Services

DaytonGrowthCo. provides website design and migration, website hosting and care, AI-assisted custom software, business automations, AI phone agents, quote and pricing tools, dashboards, customer portals, training systems, search and answer-engine optimization, local visibility work, campaign support, content, and related digital services.

Each project, mini audit, subscription, or ongoing service is limited to the written scope, timeline, pricing, assumptions, and deliverables we confirm in a proposal, statement of work, order confirmation, or other written agreement. That project-specific agreement controls if it conflicts with these Terms.

3 Client Responsibilities

To allow us to deliver quality services, you agree to:

• Provide accurate, current, and complete information when engaging our services
• Respond to requests for feedback, approvals, or materials in a timely manner
• Maintain the confidentiality of any account credentials we provide
• Use our services only for lawful purposes and in compliance with applicable law
• Not attempt to abuse, reverse-engineer, or disrupt our services or systems
• Confirm that you have the right to provide materials, access, instructions, contact lists, and approvals used in the project

4 Subscription and Billing

One-time projects, discovery work, and ongoing services are billed as stated in the applicable written agreement. Recurring monthly or annual services automatically renew unless canceled with at least 30 days written notice, unless that agreement states otherwise.

We accept payment via bank transfer, credit card, or other mutually agreed methods. All prices are in USD. We reserve the right to update pricing with 30 days notice for ongoing services.

If payment becomes more than 7 days overdue, DaytonGrowthCo. reserves the right to pause services until the account is brought current. A late fee of 1.5% per month (or the maximum allowed by law) may be applied to outstanding balances beyond 15 days past due.

5 Intellectual Property Rights

Client-Owned Content: You retain ownership of all content, materials, trademarks, and intellectual property you provide to us. By providing content, you grant us a limited license to use it solely for delivering your services.

Project Deliverables: Ownership, licensing, access, source-code delivery, hosting, and handoff rights are governed by the applicable written agreement. Unless that agreement says otherwise, DaytonGrowthCo. retains the website design, architecture, and code for the first twelve (12) months of an active subscription. If the subscription ends before 12 months, the client may retain the website by paying the remaining portion of the initial setup cost.

Company Property: Our pre-existing tools, templates, prompts, processes, methods, libraries, and know-how remain our exclusive property. We may reuse general ideas, skills, and non-client-specific components so long as we do not disclose your confidential information.

6 Website Hosting and Management

While an applicable subscription is active, DaytonGrowthCo. may manage hosting, maintenance, security, and technical updates described in the agreed scope. Hosting, domains, email, analytics, payment, AI, communications, search, and other third-party services are subject to their own terms, availability, pricing, policies, and outages. If service ends, hosting and management may be discontinued. The client is responsible for domain registration and renewal fees unless a written agreement says otherwise.

7 Project Timelines

We aim to meet agreed timelines. Timelines are estimates and may change because of client feedback or approval delays, scope changes, third-party dependencies, platform changes, access issues, or events beyond our reasonable control. We will communicate material adjustments promptly.

8 AI, Automation, and Phone-Agent Services

AI-assisted outputs, automations, and phone agents can be useful but may produce inaccurate, incomplete, delayed, unavailable, or context-dependent results. You are responsible for reviewing outputs and maintaining appropriate human oversight before relying on them for pricing, contracts, employment, safety, compliance, customer commitments, or other material decisions.

Phone agents and automations are not emergency services, 911 systems, medical, legal, financial, or safety advice, and are not guaranteed to recognize every request, caller, or situation. You are responsible for lawful use, required notices and consents, call-recording rules, communication preferences, and all instructions, content, and workflows you authorize.

9 Confidentiality

Both parties agree to protect proprietary or sensitive information received during an engagement and use it only as reasonably necessary to perform or receive the services. This obligation survives termination, except for information that becomes public through no breach, was independently known, is independently developed, or must be disclosed by law. We will handle personal information as described in our Privacy Policy.

10 Public Favicon Preview

When a visitor enters a business email address, the website may derive the domain and ask the visitor’s browser to display a favicon that is publicly available from the relevant website or a public icon source. The preview is a temporary interface convenience only. DaytonGrowthCo. does not claim ownership of the favicon, treat public availability as public-domain status, sell it, use it in advertising, or store it as a marketing asset. Nothing about the preview creates an endorsement, sponsorship, or affiliation with the business or mark owner.

11 Warranties and Disclaimers

12 Limitation of Liability

Our total liability for all claims arising from or related to our services shall not exceed the amount you paid us in the three (3) months preceding the event giving rise to the claim. This limitation applies whether a claim is based in contract, tort, statute, or another theory, to the fullest extent permitted by law.

13 Client Indemnity

To the fullest extent permitted by law, you will defend, indemnify, and hold DaytonGrowthCo. and its owners, contractors, and representatives harmless from claims, losses, liabilities, damages, and reasonable costs arising from materials, instructions, data, access, campaigns, phone-agent scripts, communications, or uses you provide or authorize; your breach of these Terms; or your violation of applicable law or another party’s rights.

14 Termination

By Client: You may terminate services with 30 days written notice, subject to payment of all fees for work completed and expenses incurred up to the termination date.

By DaytonGrowthCo.: We may terminate services if payment is not made, if you fail to comply with these Terms, or if the working relationship becomes uncooperative or abusive.

Effect of Termination: All outstanding payments become immediately due. We will provide reasonable assistance in transitioning work, subject to payment of applicable fees.

15 Dispute Resolution

In the event of any dispute, the parties agree to the following process:

1. 1 The parties will first attempt to resolve the dispute through good faith negotiation.
2. 2 If negotiation fails, the parties may pursue mediation through a mutually agreed mediator.
3. 3 Any remaining dispute will be resolved through binding arbitration or litigation as permitted by law, under Ohio law and in a court or forum with proper jurisdiction in Ohio.

16 General Provisions

Entire Agreement: These Terms, together with any project-specific agreements, constitute the entire agreement between you and DaytonGrowthCo.

Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.

No Waiver: Failure to enforce any right or provision does not constitute a waiver of that right or provision.

Electronic Communications: You agree that electronic notices, approvals, and agreements may satisfy any legal communication requirement to the extent permitted by law.