Terms & Conditions

1. Definitions

• "Services" refers to CRM automation, marketing workflows, A2P 10DLC SMS campaigns, email marketing, analytics, compliance, and web/funnel build services offered by NDTS.
• "Client" refers to any individual or entity that engages NDTS for Services.
• "A2P SMS" refers to application-to-person text messages sent through 10DLC-registered campaigns.

2. Use of Our Website

You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others. You may not misuse, disrupt, or attempt to gain unauthorized access to our website or systems.

3. SMS Messaging Consent & A2P 10DLC Terms

By providing your mobile number and checking the consent box on our forms, you agree to receive recurring automated marketing SMS messages from NDTS at the number provided. You acknowledge that:

• Consent is not a condition of purchasing any goods or services.
• Message frequency varies and standard message and data rates may apply.
• You may opt out at any time by replying STOP to any SMS message.
• You may request help by replying HELP to any SMS message.
• Opt-out requests are processed promptly and you will receive no further marketing messages after opting out.

NDTS registers all SMS campaigns through the A2P 10DLC framework and complies with TCPA and CTIA requirements. Clients engaging NDTS for SMS services on behalf of their own customers are responsible for the accuracy of consent records and the legality of their messaging content.

4. Client Responsibilities

Clients engaging NDTS Services agree to:

• Provide accurate, current, and complete information.
• Maintain lawful consent for any contacts provided for marketing outreach.
• Comply with all applicable laws, including the TCPA, CAN-SPAM Act, and CTIA guidelines.
• Not use Services to transmit unlawful, harassing, or deceptive content.

5. Intellectual Property

All content on our website — including text, graphics, logos, and software — is the property of NDTS or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent.

Upon full payment, deliverables created for a Client (e.g., landing pages, automations) are transferred to the Client for their internal business use, excluding NDTS's underlying tools, templates, and methodologies.

6. Fees & Payment

Fees for Services are set forth in individual service agreements or proposals. Unless otherwise stated, invoices are due upon receipt. Late payments may accrue interest at 1.5% per month or the maximum permitted by law. NDTS may suspend Services for non-payment.

7. Disclaimers

Our Services are provided "as is" and "as available." NDTS disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee specific marketing results, deliverability rates, or revenue outcomes, as these depend on factors outside our control.

8. Limitation of Liability

To the maximum extent permitted by law, NDTS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising from your use of our website or Services. Our total liability for any claim shall not exceed the amount you paid us for the Services giving rise to the claim in the three months preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless NDTS and its affiliates from any claims, damages, liabilities, and expenses (including legal fees) arising from your breach of these Terms, your misuse of Services, or your violation of applicable law — including sending messages without proper consent.

10. Termination

NDTS may suspend or terminate access to our website or Services at any time, with or without cause, including for violation of these Terms. Upon termination, all outstanding fees become immediately due.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of the United States and the state in which NDTS is organized, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration, with the parties waiving the right to participate in class actions.

12. Changes to These Terms

We may revise these Terms at any time. The most current version will be posted on this page with an updated date. Continued use of our website or Services after changes constitutes acceptance of the revised Terms.

13. Contact Us

Questions about these Terms can be directed to:

National Digital Transformation Services, LLC
Email: legal@ndts-llc.com
Phone: (973) 510-1505