Terms of Service

1. Acceptance of Terms

By accessing or using the Dakodaus website, you agree to these Terms as they relate to use of the website.

When purchasing services from Dakodaus, payment of an invoice, payment link, checkout, or other request for payment constitutes acceptance of these Terms. By submitting payment, the customer ("Customer") acknowledges that Customer has reviewed, understood, and agrees to be bound by these Terms as they apply to the services being purchased.

Any proposal, Statement of Work ("SOW"), order, or other written agreement may contain additional terms specific to an engagement. If a signed SOW or other written agreement expressly conflicts with these Terms, the specific written agreement controls for that engagement.

2. Description of Services

Dakodaus builds and manages modern business systems, including lead capture, follow-up automation, scheduling, sales pipelines, workflow automation, AI agents and assistants, AEO-ready content, websites, advertising and marketing systems, CRM solutions, integrations, and custom tools.

The specific scope, deliverables, pricing, and services for an engagement are defined by the applicable proposal, SOW, order, invoice, or other written agreement.

3. Fees and Payment

Customer agrees to pay the fees specified in the applicable proposal, SOW, order, invoice, or checkout.

Unless otherwise stated:

• Recurring services are billed monthly.
• One-time setup, implementation, development, or project fees are billed as specified in the applicable order, invoice, or SOW.
• Customer is responsible for applicable taxes and approved third-party expenses.
• Recurring charges may be automatically charged to an authorized payment method maintained on file.
• Past-due balances may result in suspension of services after reasonable notice.

Customer remains responsible for amounts incurred before the effective date of termination.

4. Term and Cancellation

Unless a specific SOW or written agreement states otherwise, recurring Dakodaus services are provided on a month-to-month basis.

Either Customer or Dakodaus may terminate recurring services by providing at least 30 days' written notice.

Customer remains responsible for charges incurred through the effective termination date, including outstanding one-time projects, approved expenses, third-party charges, or other unpaid balances.

There is no additional early-termination penalty unless a specific SOW or written agreement expressly establishes a minimum commitment or termination provision.

5. Use of Website

You may use the Dakodaus website for lawful purposes only.

You agree not to misuse the website, attempt to gain unauthorized access, introduce malicious code, improperly scrape content, or interfere with the proper functioning of the website.

Dakodaus reserves the right to restrict or terminate website access where reasonably necessary to protect its systems, users, or business.

6. Customer Materials and Data

Customers retain ownership of materials and data they provide to Dakodaus, including business information, customer and prospect data, content, trademarks, images, and other Customer-provided materials.

Dakodaus may use Customer-provided materials as reasonably necessary to deliver the agreed services.

Customer is responsible for ensuring it has the right to provide and use any materials, data, or content supplied to Dakodaus.

7. Customer Accounts and Existing Assets

Customer retains ownership and control of its existing business assets, including:

• Domain names
• Email accounts
• Social media accounts
• Advertising accounts
• Payment processing accounts
• Business listings
• Customer and prospect data
• Existing trademarks, branding, and content
• Other accounts or assets Customer owned before engaging Dakodaus

Where reasonably practical, core Customer business accounts should be established in Customer's name or under an account Customer ultimately controls, with Dakodaus receiving administrative access as necessary to provide services.

8. Domains and Assets Purchased by Dakodaus for Customer

If Dakodaus purchases or registers a domain name or other digital asset specifically on Customer's behalf and Customer has paid or reimbursed Dakodaus for that asset, the asset will be considered a Customer Asset.

Dakodaus may administer or temporarily hold a Customer Asset during the engagement for operational convenience.

Upon termination and payment of all undisputed outstanding amounts owed to Dakodaus, Dakodaus will reasonably cooperate in transferring control of the Customer Asset to Customer.

Dakodaus will not intentionally retain a Customer-specific domain or similar Customer Asset solely to prevent Customer from moving to another provider.

Customer is responsible for applicable transfer, renewal, registration, or third-party fees.

Assets owned or licensed by Dakodaus that were not purchased specifically for Customer remain the property of Dakodaus.

9. Customer-Specific Work Product

Upon full payment, Customer owns final Customer-specific content and deliverables created specifically and exclusively for Customer under the applicable engagement, including approved website copy, Customer-specific graphics, Customer-provided data, and deliverables expressly identified as Customer-owned.

Customer ownership does not include Dakodaus Background Technology.

10. Dakodaus Intellectual Property and Background Technology

Dakodaus retains ownership of its website content, trademarks, logos, designs, software, and other intellectual property.

Dakodaus also retains ownership of its pre-existing and reusable technology, systems, processes, methodologies, templates, frameworks, workflow designs and logic, automation structures, prompts, AI configurations, code libraries, integrations, documentation, operating methods, training materials, and know-how ("Dakodaus Background Technology").

This includes technology or processes incorporated into a Customer solution that are designed or capable of being reused for other customers.

Payment for Dakodaus services does not transfer ownership of Dakodaus's underlying platform, reusable workflows, templates, automation systems, software, methods, prompts, or intellectual property.

Where necessary for Customer to use a fully paid Customer deliverable, Dakodaus grants Customer a non-exclusive license to use applicable Dakodaus Background Technology solely as incorporated into that deliverable.

11. Platform, Software, AI and Communications Services

Some Dakodaus services operate through software, CRM platforms, hosting systems, telephone services, messaging services, AI systems, email systems, licenses, or other technology provided by Dakodaus or third parties.

Unless otherwise expressly agreed in writing, payment for these services provides Customer access to the applicable service and does not transfer ownership of the underlying Dakodaus platform, software, licenses, or technology.

When a subscription or managed service ends, access to Dakodaus-provided software, licenses, AI services, automations, telephone services, hosting, or other subscription-based technology may also end unless the applicable asset is expressly designated as transferable.

12. Offboarding and Data Transfer

Following termination and payment of all undisputed outstanding balances, Dakodaus will reasonably cooperate with Customer's transition to another provider.

Upon request, Dakodaus will provide or transfer Customer-owned assets and data that are reasonably capable of export or transfer.

Third-party platform limitations may affect the format or ability to transfer certain configurations, workflows, automations, software functionality, telephone numbers, historical information, or integrations.

Extensive migration, conversion, rebuilding, consulting, or custom export work outside normal offboarding may be billed separately if approved by Customer in advance.

Customer should request desired data exports or asset transfers within 30 days following termination. Dakodaus may thereafter remove Customer information from Dakodaus-controlled systems subject to applicable law, reasonable backup practices, and third-party platform requirements.

13. Third-Party Platforms and Services

Dakodaus may use third-party platforms, software, domain registrars, advertising platforms, email providers, payment processors, communications providers, AI providers, hosting providers, and other services in delivering Customer solutions.

Customer may be subject to the applicable third party's terms, pricing, policies, and service limitations.

Dakodaus is not responsible for outages, account suspensions, policy changes, price changes, platform changes, or other actions controlled by third-party providers.

14. Customer Responsibilities

Customer agrees to provide timely access, information, approvals, content, credentials, and other materials reasonably necessary for Dakodaus to perform the services.

Customer is responsible for the accuracy and legality of information supplied to Dakodaus and for compliance with laws and regulations applicable to Customer's business, industry, communications, advertising, and use of the services.

15. No Guaranteed Results

Dakodaus will perform its services in a professional and commercially reasonable manner.

However, websites, marketing, advertising, SEO/AEO, AI recommendations, lead generation, sales automation, and related services are influenced by factors outside Dakodaus's control.

Dakodaus does not guarantee specific search rankings, placement or recommendations by AI systems, lead volumes, sales, revenue, advertising performance, or other particular business results unless expressly guaranteed in writing.

The Dakodaus website and services are otherwise provided on an "as is" and "as available" basis to the maximum extent permitted by applicable law.

16. Confidentiality

Each party will use reasonable care to protect confidential business information received from the other party and will use such information only as reasonably necessary to provide or receive the services.

Confidential information does not include information that becomes publicly available through no breach of these Terms or information independently developed without use of the other party's confidential information.

17. SMS Messaging Terms

Dakodaus may send SMS messages to individuals who have provided consent to receive text messages from Dakodaus.

Messages may include appointment information, customer service communications, account notifications, service-related communications, follow-up messages, and marketing or promotional communications where the recipient has provided the appropriate consent.

Message frequency varies. Message and data rates may apply.

You may cancel SMS messages at any time by replying STOP to a message from Dakodaus. After sending STOP, you may receive a confirmation that you have been unsubscribed, after which you will no longer receive SMS messages from that messaging program unless you opt in again.

For assistance, reply HELP to a Dakodaus SMS message or contact Dakodaus using the customer-support contact information listed below.

Carriers are not liable for delayed or undelivered messages.

For information regarding how Dakodaus collects, uses, and protects personal information, please review our Privacy Policy.

18. Limitation of Liability

To the maximum extent permitted by applicable law, Dakodaus will not be liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, lost revenue, lost data, or lost business opportunities.

Except for liability that cannot legally be limited, Dakodaus's aggregate liability arising from a particular service or engagement will not exceed the fees paid by Customer to Dakodaus for the services giving rise to the claim during the three months immediately preceding the event giving rise to the claim.

19. Indemnification

Customer agrees to indemnify and hold harmless Dakodaus and its owners, employees, contractors, and representatives from third-party claims, damages, liabilities, or reasonable expenses arising from Customer's unlawful use of the services, Customer-provided materials, violation of these Terms, or infringement of third-party rights.

20. Changes in Scope

Services outside the agreed scope may require a separate quote, order, change authorization, or SOW.

Dakodaus will not intentionally bill Customer for material out-of-scope work without Customer authorization.

21. Changes to These Terms

Dakodaus may update these Terms periodically.

Changes will become effective when posted to this page. Changes will apply prospectively and will not retroactively alter material rights or obligations associated with services already purchased unless agreed by the parties or required by law.

The current effective date will be displayed at the top of these Terms.

22. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Any venue or dispute-resolution requirements established in a signed SOW or other written agreement will control for that engagement.

Unless otherwise agreed in writing, disputes relating to these Terms will be resolved in a court of competent jurisdiction in the State of Texas.

23. Entire Agreement and Order of Precedence

These Terms, together with the applicable proposal, SOW, order, invoice, and any expressly incorporated documents, constitute the agreement concerning the purchased services.

If a specific signed SOW or written agreement expressly conflicts with these Terms, the specific written agreement controls for that engagement.

24. Survival

Payment obligations, ownership provisions, intellectual property rights, confidentiality obligations, limitations of liability, indemnification obligations, and provisions that by their nature should continue will survive termination.

25. Contact

Questions regarding these Terms may be directed to:

Dakodaus
Email: hello@dakodaus.com