Effective Date: June 21, 2024

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Welcome to AMS Digital, a digital marketing and technology services provider operating under the domain www.amsdig.org and accessible through other online platforms as may be made available from time to time (collectively referred to as the “Site” or “Platform”). These Terms of Service (“Terms,” “Terms of Use,” or “Agreement”) are a legally binding agreement entered into between you, whether personally or on behalf of an entity (“you,” “your,” or “User”), and AMS Digital, a business entity organized and operating under the laws of the United States, with its principal place of business in State of New Jersey.

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These Terms apply to your access to and use of the Site, as well as any associated services, products, content, applications, tools, software, and data (collectively, the “Services”) offered, provided, or made available by AMS Digital (“Company,” “we,” “our,” or “us”). The use of our Services includes but is not limited to marketing strategy consulting, website development, SEO, paid advertisement management (PPC), branding, social media management, analytics reporting, and custom software or mobile application development.

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By accessing or using the Site or any Services provided by AMS Digital, you affirm and acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, including any additional guidelines, policies, notices, or documents that may be referenced herein and that are incorporated by reference.

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If you do not accept and agree to be bound by these Terms in full - or if you are not authorized to act on behalf of an entity that accepts these Terms - then you may not use or access our Services. Your continued use of our Site or Services will be deemed as acceptance of any revised or updated versions of these Terms, as posted.

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These Terms are effective as of the “Effective Date” noted above and will remain in effect until terminated in accordance with the termination provisions outlined herein. It is your sole responsibility to review these Terms periodically for any updates or changes, which may be made at the discretion of AMS Digital without prior individual notice, unless required by applicable law.

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For questions regarding these Terms, you may contact us via:

• Email: support@amsdig.org

• Phone: +1 (732) 484-4607

• Website: www.amsdig.org​

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Use of this Site is also subject to our Privacy Policy, which governs our collection, processing, and use of personal data, and which is hereby incorporated into these Terms by reference.

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1. Overview

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AMS Digital (“Company,” “we,” “our,” or “us”) is a full-service digital marketing and technology consultancy based in the United States, providing a comprehensive suite of business growth and promotional services to individuals, entrepreneurs, private enterprises, nonprofit organizations, and other legal entities operating in domestic and international markets. Our service offerings include, but are not limited to:

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✅ Website design and development across various platforms including WordPress, Wix, GoDaddy, SquareSpace, and custom-coded frameworks using modern programming languages such as Java, PHP, HTML, CSS, React, and Python

✅ Search engine optimization (SEO) strategies designed to enhance online visibility, keyword rankings, and organic traffic in accordance with search engine standards and algorithmic guidelines

✅ Branding and rebranding solutions tailored to strengthen visual identity, messaging consistency, and market positioning

✅ Social media marketing (SMM) services including content creation, platform management, influencer engagement, and performance analytics for platforms such as Facebook, Instagram, LinkedIn, TikTok, and YouTube

✅ Pay-per-click (PPC) advertising and paid media campaign execution, including Google Ads, Facebook Ads, LinkedIn Ads, and retargeting tools with measurable conversion goals

✅ Business development consulting, including competitive analysis, customer acquisition strategy, funnel development, automation workflows, and digital transformation initiatives

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These Terms of Service (“Terms”) govern your access to and use of the Site (www.amsdig.org), including all information, content, functionality, platforms, tools, and services operated or offered by AMS Digital, whether accessed directly through the Site or through integrated third-party channels. These Terms apply to all users of our Services, including but not limited to clients, potential clients, agency partners, business collaborators, service vendors, freelancers, contractors, employees, content contributors, and general visitors browsing or interacting with our online properties.

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By accessing or using any part of the Site or our Services, you agree to be legally bound by these Terms, regardless of whether you are acting in an individual capacity or as an agent or representative of a business or organization. If you do not agree with these Terms in their entirety, or if any portion is unacceptable to you, your sole and exclusive remedy is to discontinue use of the Site and refrain from further engagement with our Services.

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These Terms are designed to ensure a lawful, transparent, and secure user experience in compliance with governing regulations in the United States, including but not limited to the Federal Trade Commission (FTC) Act, CAN-SPAM Act, the California Consumer Privacy Act (CCPA), and the Children’s Online Privacy Protection Act (COPPA). Furthermore, AMS Digital is committed to complying with international laws, including the European Union’s General Data Protection Regulation (GDPR), and other data protection and e-commerce regulations that may apply to our global user base.

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2. Contact Information

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For any questions, concerns, complaints, or inquiries related to these Terms of Service, the operation of our website, or any aspect of the services provided by AMS Digital, you may contact us using the official communication channels listed below. We strive to maintain full transparency in all business operations and are committed to providing timely and appropriate responses in accordance with applicable U.S. and international laws.

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✅ Website: You may access our official website at www.amsdig.org. The site provides general information about our services, portfolio, industries served, and legal documentation including but not limited to our Terms of Service and Privacy Policy.

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✅ Email Communication: For all formal written communications, including privacy-related requests, data subject access inquiries under GDPR or CCPA, client support issues, or contractual matters, please contact us via email at support@amsdig.org. This inbox is monitored regularly, and we will make every reasonable effort to respond within five (5) business days, excluding weekends and federal holidays.

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✅ Telephone: You may also reach us by phone for urgent matters or client service inquiries at +1 (732) 484-4607. While we strive to be available during normal Eastern Time business hours (Monday through Friday, 9:00 a.m. to 6:00 p.m.), we recommend email for detailed correspondence or documentation requests.

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Any legal notices or requests relating to consumer rights, data privacy, service disputes, or contractual obligations must be submitted in writing and sent to us via email. In certain cases, we may require identity verification and written authorization before acting upon such requests, in compliance with federal and international privacy legislation.

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We reserve the right to respond using the contact information you provide, and to log all communications for compliance, quality assurance, and service improvement purposes.

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3. Eligibility

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Use of the AMS Digital website and engagement with any of our associated services - including but not limited to marketing strategy, website development, SEO, branding, paid advertising, and consulting - is strictly limited to individuals who are legally capable of entering into binding contracts under applicable law.

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By accessing, browsing, or otherwise using our digital platforms or by purchasing services from AMS Digital, you expressly represent and warrant that:

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✅ You are at least eighteen (18) years of age - or the legal age of majority in the jurisdiction from which you are accessing our services - whichever is greater.

✅ You possess the legal authority and capacity to enter into these Terms of Service and to perform all obligations hereunder, either on your own behalf or on behalf of an entity or organization you represent.

✅ If you are acting on behalf of a company, partnership, trust, government entity, nonprofit, or any other third party, you have been duly authorized to do so and to bind such entity to these Terms.

✅ You are not barred from accessing our services under any applicable laws, including those relating to export restrictions, government embargoes, or sanctions enforced by the United States Department of the Treasury or similar governing bodies within the European Union or other relevant jurisdictions.

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We reserve the right - at our sole discretion - to refuse access to our website or decline to enter into a client relationship with any individual or entity that fails to meet the eligibility criteria set forth herein. In addition, we may suspend or terminate services without prior notice if we have reasonable grounds to believe that eligibility representations have been falsified or misrepresented.

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If you do not meet the eligibility requirements described above, you must refrain from using our website or services. Misrepresentation of your eligibility constitutes a breach of these Terms and may result in civil or criminal liability in accordance with applicable law.

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4. Use of Services

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By accessing or engaging with AMS Digital’s website, digital tools, marketing services, or any affiliated content or platforms, you agree to use our services in full compliance with these Terms, as well as all applicable federal, state, local, and international laws, regulations, and guidelines. Any misuse of our services, either direct or indirect, may result in the suspension or termination of your access, and could subject you to legal liability.

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✅ You agree to use AMS Digital’s services solely for lawful purposes and legitimate business operations, including but not limited to brand development, digital marketing campaigns, SEO strategies, social media promotion, and other business-enhancement initiatives provided by us.

✅ You agree not to engage in any conduct that may violate any local, state, national, or international law, statute, ordinance, or regulation, including but not limited to intellectual property laws, data privacy regulations (such as GDPR, CCPA, and CAN-SPAM), unfair competition laws, and anti-discrimination statutes.

✅ You shall not attempt to gain unauthorized access to any portion of our systems, servers, networks, or data, including through hacking, password mining, or any form of unauthorized data scraping or automated extraction. This includes refraining from deploying malware, viruses, Trojan horses, ransomware, or other harmful code in connection with your use of our platforms.

✅ You agree not to use our services or website to transmit, distribute, or post any material that is unlawful, defamatory, obscene, abusive, threatening, harassing, fraudulent, invasive of privacy, or otherwise objectionable.

✅ You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or organization while using AMS Digital services, forms, contact portals, or communications channels.

✅ You must provide current, accurate, and complete information when engaging our services, requesting a quote, entering into a service agreement, or subscribing to updates or newsletters. Failure to do so may result in denial of services or termination of your account.

✅ You agree not to resell, reproduce, duplicate, copy, or exploit any portion of AMS Digital’s proprietary services, website content, design layouts, methodologies, or business strategies without our express written consent.

✅ You understand and acknowledge that all activity conducted through our services may be logged or recorded for quality control, fraud prevention, legal compliance, or customer service purposes.

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Violation of these terms may result in temporary suspension, permanent revocation of service access, and/or civil or criminal prosecution where applicable. AMS Digital reserves the right to investigate suspected violations and to cooperate fully with law enforcement authorities in the investigation and prosecution of such matters.

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5. Intellectual Property

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All materials made available through AMS Digital’s website, services, communications, and marketing content - including but not limited to the design, structure, layout, logos, graphics, visual interfaces, text, blog articles, videos, images, domain names, digital products, and underlying code - are the exclusive property of AMS Digital or are lawfully licensed to us for use. These materials are protected under applicable United States intellectual property laws, including but not limited to the Copyright Act, the Lanham Act, as well as relevant international copyright treaties and EU intellectual property directives.

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✅ You acknowledge and agree that all copyrights, trademarks, service marks, trade dress, and other proprietary rights displayed on or associated with our website and services are owned by AMS Digital or its content providers and licensors, and are legally protected from unauthorized use.

✅ You may not copy, reproduce, republish, upload, transmit, distribute, modify, reverse-engineer, create derivative works, or exploit in any way, any portion of our content, branding, design, or proprietary software, without obtaining prior written permission from AMS Digital.

✅ Limited exceptions may apply in cases of brief, non-commercial citations or quotes for academic or journalistic purposes - provided full and proper credit is attributed to AMS Digital and a visible backlink is included to the source page on our website (www.amsdig.org). However, even these uses may not involve any alteration or misrepresentation of the material.

✅ Unauthorized use of AMS Digital’s intellectual property may constitute a breach of contract, violation of applicable copyright or trademark laws, and may expose you to civil penalties, injunctions, and/or criminal prosecution under local or international law.

✅ You may not use any meta tags, hidden text, or search engine optimization practices that incorporate our company name, trademarks, taglines, or service marks without our express written consent.

✅ AMS Digital reserves the right to take legal action against any party that engages in the misuse, misappropriation, or unauthorized reproduction of our intellectual property, including the issuance of takedown notices, cease and desist letters, or formal litigation if necessary.

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This section applies to all content currently displayed and any future updates, redesigns, or additions to the website and our services.

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6. Client Responsibilities

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In engaging with AMS Digital for digital marketing, branding, website development, advertising, or related services, each client agrees to fulfill certain responsibilities essential to the success of our professional relationship and to the timely and effective delivery of our services. By utilizing our services, you explicitly acknowledge and accept the following responsibilities as a condition of continued collaboration:

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✅ Provide Accurate and Timely Information
Clients are expected to supply all content, credentials, creative assets, branding materials, logins, feedback, and approvals in a timely and complete manner. Delays in providing required materials or access may result in delays in project delivery, and AMS Digital shall not be held liable for any failure to meet timelines caused by the client’s failure to cooperate or communicate adequately.

✅ Respond Promptly to Requests and Revisions
Clients agree to respond within reasonable timeframes (typically 3-5 business days) to our inquiries, design drafts, revision requests, and status updates. Delayed feedback may necessitate the adjustment of milestones and project timelines.

✅ Honor Agreed-Upon Timelines and Deadlines
You agree to meet mutually agreed-upon timelines and deadlines and to notify us in advance if a timeline must be adjusted. While AMS Digital aims to be flexible, chronic or unreasonable delays may result in additional fees, paused services, or termination of the agreement.

✅ Adhere to Payment Terms and Schedules
Clients agree to pay all invoices in accordance with the terms outlined in their project proposal, contract, or subscription agreement. Failure to meet payment obligations may result in late fees, suspension of services, referral to collections, or legal action.

✅ Maintain Respectful and Ethical Conduct
Clients agree to maintain a professional and respectful manner in all communications with AMS Digital staff. Harassment, abuse, or discriminatory behavior will not be tolerated and may result in immediate termination of the business relationship.

✅ Use Deliverables for Legal and Ethical Purposes Only
Clients may not use AMS Digital’s deliverables - including websites, ad creatives, copy, branding assets, and strategy documents - for any illegal, unethical, misleading, or harmful purposes. This includes, but is not limited to, deceptive advertising, promotion of hate speech, intellectual property infringement, and content that violates local or international laws.

✅ Protect Access Credentials
Clients are responsible for maintaining the confidentiality of any login credentials, API tokens, or admin access provided to them by AMS Digital. You agree not to share this information with unauthorized third parties and to notify us immediately if any security breach is suspected.

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Failure to comply with these responsibilities may result in delays, additional charges, suspension of services, or termination of any active agreements at the sole discretion of AMS Digital.

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7. Payment Terms

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AMS Digital provides services based on detailed scopes of work and agreed financial terms, as set forth in client service agreements, proposals, or subscription plans. By engaging our services, you acknowledge and agree to the following:

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✅ Scope-Based Billing and Fee Schedules
All services are billed in accordance with the pricing structure outlined in your agreement or proposal. This may include hourly rates, flat-fee projects, or ongoing monthly retainers depending on the type of engagement.

✅ Invoice Timing and Accepted Payment Methods
Invoices are typically issued upon project initiation, milestone completion, or at the beginning of each billing cycle. Unless otherwise noted, payment is due within fifteen (15) or thirty (30) calendar days of the invoice date. Accepted methods include ACH transfers, wire, credit or debit cards, and approved third-party payment gateways such as PayPal or Stripe.

✅ Late Payments and Suspension of Services
If payment is not received by the due date, AMS Digital reserves the right to suspend all work and access to deliverables until full payment is made. Late payments may incur a fee of 1.5% per month or the maximum allowed by applicable law. Clients are responsible for any disruptions or missed deadlines caused by payment delays.

✅ Deposits, Retainers, and Milestone Payments
For most projects, a non-refundable deposit or retainer is required before work begins. In some cases, payments are tied to milestone completions or timelines. Clients agree not to withhold payment for delivered work due to subjective dissatisfaction or internal delays unrelated to AMS Digital’s performance.

✅ No Refund Policy
All fees paid to AMS Digital are non-refundable. This includes but is not limited to deposits, pre-paid retainers, and completed service charges. By engaging our services, you understand that time, creative resources, and expertise are expended immediately upon commencement of work. Refunds will not be issued under any circumstances except as required by law.

✅ Collections and Enforcement
In cases of non-payment beyond sixty (60) days, AMS Digital reserves the right to pursue collections or initiate legal action. Clients will be held responsible for all reasonable legal fees, court costs, and collection agency expenses incurred to recover overdue amounts.

✅ Disputed Charges
If you believe a billing error has occurred, you must notify AMS Digital in writing within ten (10) business days of the invoice date. Disputes submitted after that period may not be reviewed. Filing a chargeback without first contacting AMS Digital is considered a violation of this agreement and may result in immediate legal action.

✅ Taxes and Jurisdictional Fees
Clients are responsible for all applicable taxes, including sales tax, VAT, or GST, based on their region. Where required by law, AMS Digital will collect and remit taxes on your behalf.

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By continuing to use AMS Digital’s services, you acknowledge that you understand and accept these payment terms, including the no-refund policy, and agree to fulfill all payment obligations as described above.

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8. Disclaimers

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AMS Digital provides digital marketing services, website development, search engine optimization, advertising campaigns, business consulting, and related solutions on an as-available basis. While we strive to maintain high-quality standards and reliable service delivery, the nature of online platforms and digital technologies requires the following disclaimers:

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✅ No Guarantee of Uninterrupted or Error-Free Access
We make commercially reasonable efforts to ensure our website, digital tools, and client-facing platforms are accessible, secure, and up-to-date. However, we cannot and do not guarantee uninterrupted service, system availability, or freedom from operational errors. Downtime may occur due to scheduled maintenance, third-party service disruptions, or unforeseeable technical issues.

✅ Services Provided As-Is and As-Available
All services, including content, consulting, software tools, and deliverables, are provided on an “as-is” and “as-available” basis. AMS Digital expressly disclaims all warranties of any kind - express, implied, statutory, or otherwise - including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and performance.

✅ No Guarantees of Results or Outcomes
Digital marketing and web performance inherently depend on numerous variables outside our control - including client participation, market conditions, third-party platform changes (e.g., Google algorithm updates), and user behavior. AMS Digital does not warrant or guarantee specific results, rankings, conversions, or financial outcomes from any service provided.

✅ No Professional Advice
The content, reports, audits, or strategic guidance we provide should not be interpreted as legal, tax, investment, or financial advice. Clients are solely responsible for obtaining appropriate professional counsel where applicable. AMS Digital disclaims all liability for decisions made based on our guidance without independent verification.

✅ Third-Party Integrations and Tools
AMS Digital may recommend, install, or configure third-party tools, plugins, or software. While we take care to work with reputable providers, we are not responsible for the performance, security, or data practices of these third parties. Your use of third-party systems is governed by their own terms of service and privacy policies.

✅ No Warranty of Platform Performance
We do not control platforms such as Google, Facebook, Instagram, TikTok, LinkedIn, Wix, Squarespace, GoDaddy, or WordPress. Therefore, we cannot guarantee uptime, algorithm behavior, or policy compliance outcomes related to advertising or SEO performance on these platforms.

✅ Limitation of Liability Applies
All limitations of liability and legal protections outlined elsewhere in this document apply to this section in full force. By using our services, you expressly waive the right to pursue damages for temporary disruptions, minor inaccuracies, or unmet expectations related to performance unless such issues stem from gross negligence or intentional misconduct.

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By continuing to access and utilize our services, you acknowledge and agree to these disclaimers and accept the inherent limitations of digital service delivery.

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9. Limitation of Liability

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While AMS Digital is committed to delivering high-quality digital marketing, website development, advertising, SEO, branding, and consulting services, we must limit our liability in accordance with standard legal practices recognized under U.S., EU, and international commercial law. Please read this section carefully, as it outlines the extent to which AMS Digital is legally responsible for damages or losses incurred during the use of our services.

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✅ Exclusion of Certain Damages
To the fullest extent permitted by applicable law, AMS Digital and its officers, directors, employees, affiliates, contractors, licensors, and agents shall not be held liable for any indirect, incidental, special, exemplary, punitive, or consequential damages. This includes, but is not limited to, loss of revenue, loss of profits, business interruption, data loss, loss of goodwill, procurement of substitute services, or other intangible losses, even if we have been advised of the possibility of such damages in advance.

✅ Scope of Limitation Applies to All Use
This limitation applies regardless of the legal theory under which liability is asserted - whether contract, tort, negligence, strict liability, or any other - and applies whether damages arise from the use or misuse of our website or services, inability to access services, reliance on the accuracy of data or recommendations, or third-party interactions facilitated through our platforms.

✅ Capped Financial Liability
In all cases and under all circumstances, AMS Digital’s maximum cumulative liability to any client, user, or third party shall not exceed the total amount actually paid by you to AMS Digital for the specific services rendered within the six (6) months immediately preceding the event giving rise to the claim. This cap on damages applies even if any remedy fails of its essential purpose.

✅ No Liability for Third-Party Services
AMS Digital is not responsible for the acts, omissions, service failures, policy changes, or damages arising from the use of third-party platforms (including but not limited to Google, Meta, TikTok, Wix, Squarespace, WordPress, PayPal, Stripe, GoDaddy, and others), even if we assist in integration or account management.

✅ Voluntary Use of Services
You acknowledge and agree that your decision to access or use AMS Digital’s services is entirely voluntary. You further agree that any business risk associated with using digital marketing tools, campaigns, website infrastructure, or SEO strategies is borne solely by you, and AMS Digital assumes no responsibility for your strategic or financial outcomes unless specifically agreed to in a separately executed and signed contract.

✅ Jurisdictional Exclusions May Apply
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. If such laws apply to you, portions of this section may not apply. In such cases, AMS Digital’s liability shall be limited to the maximum extent permitted by applicable law.

✅ Affirmation of Risk Acceptance
By continuing to use our services, submit payments, or engage in communication with our team, you affirm that you understand and accept these limitations of liability. This understanding is a material term of your agreement with AMS Digital.

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10. Termination

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The right to terminate an agreement or service relationship is essential to both parties in a contractual relationship. This section outlines the terms under which AMS Digital or the client may end the professional engagement and what obligations continue after termination.

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✅ Right to Terminate for Cause or Convenience
AMS Digital reserves the right, in its sole discretion and without prior notice, to suspend, restrict, or permanently terminate your access to services or our website for any reason, including but not limited to a breach of these Terms of Service, failure to make timely payments, misuse of our intellectual property, abusive or fraudulent conduct, or behavior that violates any applicable law, regulation, or industry practice.

✅ Client-Initiated Termination
You, as the client, may terminate your use of AMS Digital’s services at any time by submitting written notice to support@amsdig.org. Such termination shall become effective upon receipt and confirmation of your request by our team. Verbal cancellation notices will not be accepted unless followed by an email confirmation. Please note that termination does not relieve you of your obligation to pay for any services already rendered, in progress, or contractually obligated prior to the termination date.

✅ Outstanding Balances Must Be Paid in Full
Upon termination by either party, all outstanding invoices and unpaid service balances become immediately due and payable. This includes work completed but not yet billed, third-party expenses incurred on your behalf, and any agreed-upon project milestones. AMS Digital reserves the right to charge interest and late fees on any past-due payments in accordance with Section 7 (Payment Terms).

✅ No Proration or Refunds for Partial Services
In the event of early cancellation or termination, no refunds shall be issued for partially used services, unused time, prepaid retainers, or early termination unless explicitly stated in your service agreement. Ongoing services billed monthly or as part of a package will continue to be billed through the termination effective date. No prorated refunds will be offered unless required by law.

✅ Effect of Termination on Deliverables
Termination does not automatically entitle the client to full ownership of uncompleted design files, code, or proprietary documentation unless this was previously agreed to in writing. AMS Digital retains the right to withhold deliverables or suspend access to client dashboards, platforms, or campaigns until all obligations are met.

✅ Survival of Certain Provisions
Provisions of these Terms that by their nature should survive termination - including but not limited to intellectual property rights, limitations of liability, indemnification, governing law, and dispute resolution - shall continue in full force and effect beyond termination.

✅ Right to Refuse Future Engagement
AMS Digital reserves the right to decline any future service requests from clients who have previously breached the Terms of Service or failed to maintain good standing on prior accounts.

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11. International and EU Compliance

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As a U.S.-based company providing services globally, AMS Digital is committed to complying with applicable data protection, consumer protection, and commercial laws across jurisdictions. We recognize and respect the regulatory frameworks that govern our international clientele, including those in the European Union, the United Kingdom, Canada, Australia, and other regions with stringent privacy and e-commerce legislation.

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✅ General Data Protection Regulation (GDPR)
For users located within the European Union and the European Economic Area, AMS Digital adheres to the provisions set forth in the General Data Protection Regulation (Regulation EU 2016/679). This includes, but is not limited to:

• Lawful, fair, and transparent processing of personal data

• Data minimization and purpose limitation principles

• The right of individuals to access, correct, delete, restrict, and port their personal data

• The right to object to automated decision-making and direct marketing

• Appointment of data processors under written agreements consistent with GDPR standards

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In instances where personal data is transferred from the EU to the United States or any other jurisdiction lacking an adequacy decision, AMS Digital implements Standard Contractual Clauses (SCCs) approved by the European Commission to safeguard such data transfers and maintain GDPR-level protection.

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✅ UK GDPR and International Jurisdictions
For clients and users based in the United Kingdom, AMS Digital complies with the UK Data Protection Act 2018 and the UK GDPR framework. Similar safeguards, data access rights, and transfer mechanisms are employed to ensure data security and legal compliance for users in the UK.

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We also make every effort to comply with applicable data and consumer protection laws in other countries where we do business, including:

• Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA)

• Australia’s Privacy Act 1988 and Spam Act 2003

• Brazil’s Lei Geral de Proteção de Dados (LGPD)

• California Consumer Privacy Act (CCPA) and other U.S. state-level legislation

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✅ Cross-Border Data Transfers
AMS Digital may transfer and store your personal data on servers located in jurisdictions outside of your home country, including the United States. These transfers are conducted in a manner that ensures appropriate safeguards are in place, such as SCCs, Data Processing Agreements (DPAs), and where applicable, explicit user consent.

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✅ Your Responsibility to Comply with Local Laws
While AMS Digital takes steps to comply with international privacy and business laws, you are solely responsible for ensuring that your use of our services does not violate any laws, regulations, or restrictions applicable in your jurisdiction. This includes, but is not limited to, compliance with your own country’s privacy, intellectual property, advertising, e-commerce, and consumer protection laws.

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Clients using AMS Digital services for advertising, marketing, website deployment, or data processing in other countries must conduct their own legal due diligence and are responsible for compliance with the rules governing their industry or region.

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✅ Disclosure Requests and International Cooperation
In certain cases, AMS Digital may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Any such disclosures will be handled in accordance with applicable laws, and data subjects will be informed where required.

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12. Modifications

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✅ AMS Digital reserves the right, at our sole discretion, to modify, amend, or revise these Terms of Service at any time, in whole or in part, with or without prior notice. Updates may reflect changes in applicable laws, enhancements to our services, shifts in business operations, or other necessary legal and operational adjustments.

✅ Any such modifications will become effective upon the posting of the revised Terms on our official website at www.amsdig.org. The “Effective Date” at the top of this page will be updated to reflect the date the most recent changes were made. We encourage you to review these Terms periodically to remain informed about your rights, responsibilities, and obligations.

✅ Your continued use of the website or our services following any modifications to these Terms constitutes your full and binding acceptance of those changes. If you do not agree to the revised Terms, you must immediately cease using the website and all related services. You are responsible for reviewing the Terms regularly to ensure you remain in compliance and up to date with all applicable conditions.

✅ AMS Digital shall not be liable for any damages or claims arising from your failure to review modified Terms or from any misunderstanding regarding your obligations due to updates made under this section. We reserve the right to make minor editorial changes or technical corrections to these Terms without formal notice, provided such changes do not materially alter your legal rights or our obligations.

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If you have any questions or concerns about updates to these Terms, please contact us at:

📧 support@amsdig.org
📞 +1 (732) 484-4607
🌐 www.amsdig.org

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13. Governing Law and Dispute Resolution

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✅ These Terms of Service, along with any related service agreements entered into between you and AMS Digital, shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflicts of law principles or rules that would cause the application of the law of any other jurisdiction.

✅ As a condition of using our services, you agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms or the services provided by AMS Digital through good faith negotiation. If a resolution cannot be reached within thirty (30) days, the parties agree to submit the dispute to non-binding mediation conducted by a neutral third party mediator, located in New Jersey. The cost of mediation shall be shared equally by both parties.

✅ By using our services, you agree to waive your right to file a lawsuit in court unless all reasonable efforts to resolve the matter through negotiation and mediation have failed. You further agree not to initiate or participate in any class action or collective lawsuit against AMS Digital.

✅ If legal action becomes necessary, you expressly consent and agree that the exclusive jurisdiction and venue for any court proceedings shall be the state or federal courts located in Middlesex County, New Jersey. You waive any objection to personal jurisdiction or venue, including any claim of forum non conveniens.

✅ You also acknowledge that any legal claim arising from or related to these Terms or AMS Digital’s services must be filed within twelve (12) months from the date such claim arose, or it will be permanently barred.

✅ Users outside the United States must ensure that their access and use of AMS Digital’s services comply with the laws of their local jurisdiction. Use of the services where prohibited by local law is strictly forbidden.

✅ If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

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14. Dispute Resolution

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✅ In the interest of resolving disputes in a cost-effective and efficient manner that minimizes legal expenses and disruption to both parties, you agree to first attempt to resolve any disagreement, complaint, or controversy arising out of or relating to these Terms of Service, AMS Digital’s services, or any related agreement or transaction, through informal negotiations with our team.

✅ To initiate such negotiations, you must send a written notice of the dispute to our support department at support@amsdig.org detailing the nature of the claim, the relevant facts, and any proposed resolutions. Upon receiving your notice, AMS Digital will review the claim and attempt to resolve the matter in good faith within thirty (30) calendar days. You agree not to file any formal claim or proceeding during this period unless both parties have concluded that a resolution is not possible.

✅ If the dispute cannot be resolved through informal negotiation, both parties agree to submit the matter to binding arbitration administered by the American Arbitration Association (AAA) or a similar reputable organization. The arbitration shall be governed by the AAA’s Commercial Arbitration Rules, and the location of the arbitration shall be Middlesex County, New Jersey, unless otherwise agreed in writing by both parties.

✅ The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The prevailing party shall be entitled to recover reasonable attorneys’ fees, arbitration costs, and associated legal expenses.

✅ You understand and agree that, by entering into these Terms, both you and AMS Digital waive the right to a trial by jury or to participate in a class action or class arbitration. Disputes shall be resolved on an individual basis only and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

✅ Notwithstanding the foregoing, AMS Digital reserves the right to seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened misuse of confidential information, intellectual property, or other proprietary rights.

✅ This dispute resolution provision shall survive the termination of these Terms and your use of the services.

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15. Contact Us

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Should you have any questions, concerns, or require clarification regarding these Terms of Service, or any other matter related to the services provided by AMS Digital, you are encouraged to contact us through any of the following official communication channels:

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📧 Email: For general inquiries, service-related issues, or legal notices, please contact us via email at support@amsdig.org. We endeavor to respond to all communications within a reasonable time frame, typically within three to five business days.

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📞 Telephone: For urgent questions or time-sensitive matters, you may reach our customer service team by phone at +1 (732) 484-4607. Our office hours are Monday through Friday, 9:00 AM to 6:00 PM Eastern Time, excluding U.S. federal holidays.

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🌐 Website: Additional information about our company, services, policies, and updates can be found on our official website: www.amsdig.org. You may also use any on-site contact forms for inquiries or service requests, which will be routed to the appropriate department.

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For legal correspondence or formal notices, please ensure all communications are clearly labeled as such in the subject line or mailing header, and directed to the attention of our Compliance Department.

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Your use of this website and our services constitutes your acknowledgment and agreement to these contact methods for all required notices, disclosures, and dispute resolution communications unless otherwise mandated by applicable law.