Terms of Service

01Agreement to these terms

By accessing or using sd.digital (the “Site”), you agree to these Terms of Service (the “Terms”). If you do not agree, please do not use the Site.

In these Terms, “we”, “us”, and “SD Digital” mean the entity described in section 2, and “you” means the person or organisation using the Site.

These Terms incorporate our Privacy Policy, Cookie Notice, and Accessibility Statement by reference.

02Who we are

Business

SD Digital, operating at sd.digital

Principal place of business

San Diego, California, United States

Contact

legal@sd.digital · (619) 777-1313

03Eligibility

You must be at least 18 years old, or the age of majority where you live, to use this Site or contact us through it. If you are using the Site on behalf of a company or other organisation, you represent that you have authority to bind it to these Terms, and “you” means that organisation.

The Site is directed to businesses and professionals in the United States. It is not directed to children. See section 19 of our Privacy Policy.

04What this Site is

The Site is a marketing website. It describes who we are, what we build, where we work, and how to reach us. It has no accounts, no logins, no payments, no downloads, and no user-generated content. The only interactive element is a contact form.

Illustrative material on the Site — including the sample API responses, the animated map, statistics, and the terminal graphic — is decorative and illustrative. The endpoint shown as api.sd.digital is an illustration of the kind of API we build; it is not a public service, and nothing on the Site grants you access to any API of ours.

05No offer, no professional advice

Nothing on the Site is an offer capable of acceptance, a binding quote, a warranty of outcome, or professional advice of any kind — technical, legal, financial, or otherwise. Descriptions of services, timelines, capabilities, coverage, and prior work are general information, and they may change without notice.

Submitting the contact form, or us replying to you, does not create a contract, a retainer, or any professional or fiduciary relationship. A relationship begins only when both sides sign a written agreement.

06Engaging us for work

Development work is governed by a separate written agreement — typically a master services agreement with statements of work, and, where we handle personal data on your behalf, a data processing addendum. That agreement covers scope, fees, timelines, acceptance, intellectual property in deliverables, confidentiality, warranties, support, and termination.

Where these Terms conflict with a signed services agreement, the signed agreement governs for everything relating to that engagement. These Terms continue to govern your use of the Site itself.

07Licence to use the Site

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and view the Site for your own information and for evaluating whether to work with us.

You may, without asking us:

• read, print, and save pages for your own reference;
• quote short extracts with attribution and a link back;
• link to any page on the Site, provided the link does not imply endorsement, sponsorship, or affiliation that does not exist, and does not frame the Site misleadingly.

All rights not expressly granted are reserved. This licence terminates automatically if you breach these Terms.

08Intellectual property

The Site and its contents — including the design, layout, copy, code, animations, canvas artwork, the SD Digital logo mark, and the arrangement of all of it — are owned by SD Digital or our licensors, and are protected by copyright, trademark, trade dress, and other laws of the United States and other countries.

“SD Digital”, the SD mark, and our wordmark are our trademarks. You may not use them without our prior written permission, except to refer factually to us.

Except as section 7 allows, you may not:

• copy, reproduce, republish, or redistribute substantial parts of the Site;
• create derivative works from the Site's design or code;
• sell, licence, or commercially exploit any part of the Site;
• remove or obscure any copyright, trademark, or other proprietary notice;
• use the Site's content to train a machine-learning or generative AI model, or to build a competing product, without our written permission.

Third-party names, logos, and marks appearing on the Site — including the technology logos in our stack section — belong to their respective owners. Their appearance identifies the technologies we work with and does not imply endorsement, sponsorship, partnership, or certification by those owners.

09Open-source and licensed components

We are glad to name what we build on. The Site incorporates the following third-party components, each used under its own licence, which continues to govern that component and is not superseded by these Terms:

Nothing in these Terms limits your rights under any open-source licence. If you believe we have used a component incorrectly or failed to attribute it properly, tell us at legal@sd.digital and we will put it right.

10Acceptable use

You agree not to, and not to help anyone else:

• use the Site for any unlawful purpose or in breach of any applicable law;
• probe, scan, or test the vulnerability of the Site or any related system, or breach or circumvent any security or authentication measure, without our prior written permission;
• interfere with or disrupt the Site, including by denial-of-service attacks or by imposing an unreasonable load on our host;
• access the Site by automated means at a rate that degrades it for others, or in a way that ignores robots.txt;
• harvest or scrape content or contact details for marketing, list-building, or resale;
• submit false, misleading, or impersonating information through the contact form;
• send us spam, chain messages, unsolicited commercial offers, or bulk sales pitches through the contact form;
• upload or transmit any virus, worm, malicious code, or other harmful material;
• frame or mirror the Site, or misrepresent your affiliation with us;
• reverse engineer or decompile any part of the Site, except to the extent that restriction is prohibited by law.

11Submissions and feedback

If you send us an idea, suggestion, feature request, or other feedback about our work or this Site (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use it for any purpose without obligation or compensation to you. We are not obliged to keep Feedback confidential.

This does not apply to confidential business information, technical specifications, or proprietary material you share with us in the course of discussing an actual engagement — that is treated as confidential and, once an agreement is in place, is governed by its confidentiality terms. If you need confidentiality before we get that far, ask us for a mutual NDA first, and please do not put trade secrets in the contact form.

You are responsible for what you submit, and you confirm that you have the right to submit it and that it does not infringe anyone else's rights.

12Calls, texts, and email

12.1 Contacting us

When you call or text (619) 777-1313, or submit the contact form, you are asking us to get back to you, and you consent to us replying by the same channel or by email. Standard message and data rates from your carrier may apply. We do not charge for any of this.

12.2 What we will not do

We do not operate an autodialer or send prerecorded voice messages. We do not run an SMS marketing programme, and we will not add you to one. We will not sell or rent your phone number or email address. Nothing here is consent to receive telemarketing under the Telephone Consumer Protection Act.

12.3 Stopping messages

Reply STOP to any text from us and we will stop texting you. Reply HELP for help. To stop email, reply and say so, or write to privacy@sd.digital. If we ever send a commercial email, it will carry a working unsubscribe link and a physical mailing address, as the CAN-SPAM Act requires, and we will honour opt-outs promptly.

12.4 Electronic communications

You consent to receive communications from us electronically, and you agree that electronic communications, agreements, and notices satisfy any legal requirement that they be in writing, under the US E-SIGN Act and equivalent laws.

13Privacy

Our Privacy Policy explains what personal information we collect and what we do with it, and our Cookie Notice explains what this Site stores on your device — which is nothing. Both form part of these Terms.

14Availability and changes to the Site

We do not promise the Site will be available at any particular time or without interruption. We may change, suspend, restrict, or discontinue any part of it, at any time, without notice and without liability to you. We may also update these Terms — see section 24.4.

We aim to keep information on the Site accurate and current, but we do not warrant that it is complete, accurate, or up to date, and we may correct errors at any time.

15Third-party links and services

The Site links to third-party websites, and the contact form is delivered by a third-party provider. We do not control those services, we do not endorse them by linking, and we are not responsible for their content, availability, security, or privacy practices. Your dealings with them are between you and them, on their terms.

16Disclaimer of warranties

The Site is provided “as is” and “as available”, without warranty of any kind. To the fullest extent permitted by law, SD Digital disclaims all warranties, express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranties arising from a course of dealing or usage of trade.

Without limiting that, we do not warrant that:

• the Site will be uninterrupted, timely, secure, or error-free;
• any defect will be corrected;
• the Site or the servers that deliver it are free of viruses or harmful components;
• the results of using the Site will meet your requirements or expectations.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you. Nothing in these Terms excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded.

17Limitation of liability

To the fullest extent permitted by law, SD Digital and its owners, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, business opportunity, or anticipated savings, arising out of or relating to your use of, or inability to use, the Site — whether the claim is in contract, tort (including negligence), strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to the Site and these Terms will not exceed one hundred US dollars (US$100).

This cap applies to the Site only. Liability arising under a signed services agreement is governed by the limitation of liability in that agreement, not by this section.

These limits are a fundamental basis of the bargain between us, and they apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you; in that case our liability is limited to the smallest amount the law permits.

18Indemnification

You agree to indemnify, defend, and hold harmless SD Digital and its owners, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or connected with your breach of these Terms, your misuse of the Site, your violation of any law, or your infringement of any third party's rights. We will notify you of any such claim and may participate in its defence with counsel of our own choosing at our own expense; you may not settle any claim in a way that imposes an obligation on us without our written consent.

19Copyright complaints and DMCA

We respect intellectual property rights and expect the same. If you believe material on this Site infringes your copyright, send a written notice under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), to our designated agent:

Designated copyright agent

SD Digital — Copyright Agent, San Diego, California, United States

Email

dmca@sd.digital

Phone

(619) 777-1313

Your notice must include:

1. a physical or electronic signature of the copyright owner or someone authorised to act for them;
2. identification of the copyrighted work you say has been infringed;
3. identification of the material you say is infringing, with enough detail — ideally a URL — for us to find it;
4. your name, address, telephone number, and email address;
5. a statement that you have a good-faith belief the use is not authorised by the copyright owner, its agent, or the law;
6. a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on the owner's behalf.

If material of yours was removed and you believe that was a mistake or a misidentification, you may send a counter-notice under 17 U.S.C. § 512(g)(3) to the same agent. Please be aware that knowingly misrepresenting that material is infringing, or was removed by mistake, can make you liable for damages under 17 U.S.C. § 512(f).

We do not host user-generated content, so in practice DMCA notices about this Site should be rare. To register a designated agent formally, a business must also file with the US Copyright Office's DMCA Designated Agent Directory.

20Termination

We may block your access to the Site at any time, for any reason, without notice — including if we reasonably believe you have breached these Terms. You may stop using the Site at any time.

Sections that by their nature should survive termination do survive it, including sections 8, 11, and 16 to 24.

21Disputes and governing law

21.1 Talk to us first

Most problems can be sorted out with a phone call. Before starting any formal proceeding, please contact us at legal@sd.digital with a short description of the dispute and what you would like to happen. We will respond within 30 days and try in good faith to resolve it informally.

21.2 Governing law

These Terms and any dispute arising out of them or the Site are governed by the laws of the State of California and the federal laws of the United States, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.3 Venue

You and we agree to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, and waive any objection to venue or forum in those courts — subject to section 22.

21.4 Time limit

Any claim arising out of these Terms or the Site must be brought within one year after it arises, to the extent the law permits parties to agree a shorter limitation period.

22Consumer rights we do not try to take away

These Terms do not create rights for any third party. No one other than you and us may enforce them, and the UK Contracts (Rights of Third Parties) Act 1999 does not apply.

23Export controls and sanctions

You represent that you are not located in, and are not a national or resident of, any country subject to comprehensive US embargo, and that you do not appear on any US government restricted-party list. You agree not to use the Site in violation of US export control or sanctions laws.

24General terms

24.1 Entire agreement

These Terms, with the documents they incorporate, are the entire agreement between you and us about the Site, and replace any prior understanding on that subject. They do not replace a signed services agreement — see section 6.

24.2 Severability

If any provision is held unenforceable, it will be modified to the minimum extent needed to make it enforceable, or severed if it cannot be, and the rest stays in force.

24.3 No waiver

If we do not enforce a provision, that is not a waiver of our right to enforce it later. A waiver is only effective if we give it in writing.

24.4 Changes to these Terms

We may update these Terms from time to time. The version in force is the one posted here, with its effective date and version number at the top. Material changes will be flagged prominently on the Site. Continuing to use the Site after a change takes effect means you accept the updated Terms; if you do not, stop using the Site. Changes are not applied retroactively to a dispute that has already arisen.

24.5 Assignment

You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

24.6 Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labour disputes, power or internet failures, or acts of government.

24.7 Notices

Notices to us should go to legal@sd.digital. If you need to serve a notice on paper, ask us by email or phone and we will provide a postal address for it. We will send notices to you at the email address you gave us, or by posting on the Site.

24.8 Headings and interpretation

Headings are for convenience only. “Including” means “including without limitation”. These Terms will not be construed against the drafter.

24.9 Language

These Terms are written in English. Any translation is provided for convenience; the English version governs.

25Contact

Legal & general

legal@sd.digital

Privacy

privacy@sd.digital

Copyright / DMCA

dmca@sd.digital

Security disclosure

security@sd.digital

Phone — call or text

(619) 777-1313