Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and DK Strategy ("Company," "we," "our," or "us") governing your access to and use of our website located at dkstrategyco.com (the "Website") and our digital marketing services (collectively, the "Services").

By accessing or using our Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Website or Services.

These Terms apply to all visitors, users, clients, and others who access or use our Services. These Terms are compliant with applicable laws across all 50 United States.

2. Eligibility

By using our Website and Services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding contract
• You are not located in a country subject to a U.S. government embargo
• You will comply with all applicable local, state, national, and international laws

3. Description of Services

DK Strategy provides digital marketing services including but not limited to:

• Search Engine Optimization (SEO)
• Pay-Per-Click (PPC) Advertising
• Social Media Marketing
• Website Design & Development
• Google Business Profile Optimization
• Lead Generation Services
• Content Marketing
• Marketing Strategy & Consulting

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

4. Client Obligations

As a client of DK Strategy, you agree to:

• Provide accurate, current, and complete information as required for service delivery
• Maintain the confidentiality of any login credentials or account information
• Grant necessary access to digital accounts (e.g., Google Ads, Google Business Profile, social media) for service execution
• Respond to communications and provide feedback within reasonable timeframes
• Comply with all applicable laws, including advertising regulations and intellectual property rights
• Not use our Services for any unlawful, fraudulent, or unauthorized purpose

5. Payment Terms

Payment terms for DK Strategy services are outlined in individual service agreements and/or statements of work. General payment provisions include:

• Fees are due as specified in your service agreement or invoice
• Late payments may incur additional charges as permitted by applicable law
• All fees are in U.S. dollars unless otherwise specified
• Refund policies are outlined in individual service agreements
• We reserve the right to suspend Services for non-payment

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, images, videos, software, and the overall design, is the property of DK Strategy or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of our content without our express written permission.

6.2 Client Content

You retain ownership of all content, materials, and intellectual property that you provide to us for use in connection with our Services ("Client Content"). By providing Client Content, you grant us a non-exclusive, royalty-free license to use, reproduce, and display such content solely for the purpose of providing our Services to you.

6.3 Deliverables

Unless otherwise agreed in writing, upon full payment for Services, DK Strategy grants you a non-exclusive, perpetual license to use the deliverables created specifically for you. We retain all rights to our methodologies, tools, templates, and pre-existing intellectual property used to create deliverables.

7. Acceptable Use Policy

You agree not to:

• Use the Website or Services for any unlawful purpose or in violation of any applicable laws
• Transmit any material that is defamatory, obscene, fraudulent, or infringes on third-party rights
• Interfere with or disrupt the Website, servers, or networks connected to the Website
• Attempt to gain unauthorized access to any portion of the Website or any other systems
• Use any automated means (bots, scrapers, spiders) to access the Website without our permission
• Impersonate any person or entity or misrepresent your affiliation
• Upload viruses or malicious code
• Engage in any activity that could damage, disable, or impair our Services

8. Third-Party Services & Links

Our Website and Services may include links to third-party websites, platforms, and services (e.g., Google, Facebook, Instagram). We do not control and are not responsible for the content, privacy practices, or terms of these third-party platforms. Your interactions with third-party services are governed by their respective terms and policies. We recommend reviewing each third party's terms before engaging with their services.

9. Disclaimers & Limitation of Liability

9.1 No Guarantees

While we employ best practices and proven strategies, DK Strategy does not guarantee specific results, rankings, traffic volumes, conversion rates, or revenue outcomes from our marketing Services. Digital marketing results depend on numerous factors beyond our control, including market conditions, competition, algorithm changes, and client cooperation.

9.2 Website "As Is"

The Website and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.3 Limitation of Liability

To the fullest extent permitted by applicable law, DK Strategy, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Website or Services
• Any conduct or content of any third party on the Website or Services
• Unauthorized access, use, or alteration of your transmissions or content
• Any errors or omissions in any content

9.4 Cap on Liability

To the maximum extent permitted by law, our total liability to you for any claims arising from these Terms or your use of the Services shall not exceed the total amount paid by you to DK Strategy in the six (6) months preceding the event giving rise to the claim, or $500, whichever is greater. Some states do not allow limitations on implied warranties or the exclusion of certain damages, so the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless DK Strategy, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Website or Services; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property or privacy rights; or (d) your violation of applicable laws.

11. Termination

We may terminate or suspend your access to the Website and Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, and governing law.

You may terminate your relationship with DK Strategy by providing written notice in accordance with your service agreement. Pre-paid fees may be subject to our refund policy as outlined in your service agreement.

12. Governing Law & Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. This choice of law applies to all users regardless of their state of residence, provided that mandatory consumer protection laws of your state of residence shall remain applicable to the extent required by law.

12.2 Informal Dispute Resolution

Before filing any formal legal action, you agree to first contact us at kyle@dkstrategyco.com and attempt to resolve the dispute informally. We will work in good faith to resolve any concerns within 30 days.

12.3 Arbitration

Any dispute that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in St. Johns County, Florida. The arbitrator's award shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

12.4 Class Action Waiver

You agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. You waive the right to participate in a class action, class-wide arbitration, or any other representative proceeding.

12.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm. Claims in small claims court are also exempt from the arbitration requirement.

13. State-Specific Provisions

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide notice via email or a prominent notice on our Website at least 30 days before the changes take effect. Your continued use of our Website or Services after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree with the revised Terms, you must discontinue use of our Website and Services.

15. General Provisions

• Entire Agreement: These Terms, together with any service agreements, statements of work, and our Privacy Policy, constitute the entire agreement between you and DK Strategy.
• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations at any time without notice.
• Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control.
• Relationship: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and DK Strategy.
• Notices: Notices to DK Strategy shall be sent to kyle@dkstrategyco.com. Notices to you may be sent to the email address associated with your account.

16. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact: