Please read these Terms of Service ("Terms") carefully before using zemadigital.com or engaging Zema Digital, LLC for any services. By accessing our website or entering into a service agreement with us, you agree to be bound by these Terms.
Acceptance of Terms
These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Zema Digital, LLC ("Zema Digital," "we," "us," or "our"), a limited liability company headquartered in St. Peters, Missouri.
By using this website, requesting a free analysis, signing a service agreement, or receiving services from Zema Digital, you confirm that you have read, understood, and agree to these Terms. If you do not agree, do not use our website or services.
Services Description
Zema Digital provides AI-powered digital marketing and local search optimization services to small and medium-sized businesses, including but not limited to:
- Zema AI Platform — AI-driven marketing automation, local search optimization, AI chat agents, voice receptionist, CRM integration, and lead generation tools.
- Search Phrase Optimization (SPO) — Placement of business keywords in Google, Bing, and YouTube autocomplete to increase organic visibility.
- Local SEO & Content — On-page optimization, Google Business Profile management, review generation, and content strategy.
- Paid Advertising Management — Setup, management, and optimization of paid search and social advertising campaigns.
- Website Development — Design, development, and ongoing maintenance of business websites.
- AI Gap Analysis — A complimentary assessment of a business's current online visibility and growth opportunities.
The specific scope, deliverables, timeline, and fees for any engagement are governed by a separate written Service Agreement or Statement of Work signed by both parties.
Eligibility
Our services are intended for business owners, operators, and authorized representatives of commercial enterprises. You must be at least 18 years of age and have the legal authority to enter into contracts on behalf of your business. By using our services, you represent and warrant that you meet these requirements.
Accounts & Access
Some services require you to create an account or be granted access to client portals and platforms. You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activity that occurs under your account
- Notifying us immediately of any unauthorized access at support@zemadigital.com
We reserve the right to suspend or terminate accounts that violate these Terms or are used for fraudulent or abusive purposes.
Payment Terms
All fees are set forth in your signed Service Agreement. Unless otherwise stated:
- Monthly retainer fees are billed in advance at the start of each billing cycle.
- One-time setup or project fees are due upon signing or as specified in the agreement.
- Invoices are due within 15 days of the invoice date.
- Overdue balances accrue interest at 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is lower.
- Zema Digital reserves the right to pause or suspend services for accounts with outstanding balances exceeding 30 days.
All fees are in U.S. dollars. You are responsible for any applicable taxes unless otherwise agreed in writing.
Cancellation & Refunds
Monthly Services
Either party may cancel a monthly service engagement by providing 30 days' written notice. Services and billing continue through the end of the notice period. No partial-month refunds are issued.
Project-Based Work
Deposits and payments made for project-based engagements (website builds, one-time campaigns, etc.) are non-refundable once work has commenced. If you cancel a project after work has begun, you will be billed for work completed to date at our standard hourly rate.
Free AI Gap Analysis
The complimentary AI Gap Analysis carries no obligation and may be requested and cancelled at any time with no charge.
No results guarantee: Digital marketing involves inherent uncertainty. While we work diligently to achieve the goals outlined in your agreement, Zema Digital does not guarantee specific search rankings, lead volumes, revenue outcomes, or return on investment. Refunds are not issued on the basis of marketing performance alone.
Intellectual Property
Our Property
All content on zemadigital.com — including text, graphics, logos, software, and methodologies — is owned by or licensed to Zema Digital and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our written permission.
Client Content
You retain ownership of all content, materials, data, and assets you provide to us ("Client Content"). By engaging our services, you grant Zema Digital a non-exclusive, royalty-free license to use Client Content solely for the purpose of delivering the services described in your agreement.
Work Product
Upon receipt of full payment, deliverables specifically created for you (such as website copy, ad creatives, or custom reports) become your property. Underlying tools, templates, methodologies, and platform access remain the property of Zema Digital.
Prohibited Use
You agree not to use our website or services to:
- Violate any applicable federal, state, or local law or regulation
- Transmit spam, malware, or unauthorized commercial communications
- Misrepresent your identity or business
- Interfere with or disrupt our website, servers, or networks
- Attempt to gain unauthorized access to any systems or data
- Engage in any activity that would expose Zema Digital to legal liability
Violation of this section may result in immediate termination of services without refund.
Disclaimers
AS-IS BASIS: Our website and services are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Zema Digital does not warrant that:
- The website will be uninterrupted, error-free, or free of viruses
- Any specific marketing results, rankings, or revenue outcomes will be achieved
- Third-party platforms (Google, Meta, Bing, etc.) will behave in any particular way
- Information on our website is always current, complete, or accurate
Search engine algorithms, advertising platform policies, and digital marketing best practices change frequently. We adapt our strategies accordingly but cannot guarantee outcomes dependent on third-party platforms.
Limitation of Liability
To the fullest extent permitted by law, Zema Digital's total liability to you for any claim arising out of or relating to these Terms or our services shall not exceed the total fees paid by you to Zema Digital in the three (3) months immediately preceding the claim.
In no event shall Zema Digital be liable for:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, goodwill, or business opportunities
- Damages resulting from third-party platform changes, outages, or policy updates
- Damages arising from your reliance on information provided on our website
Some jurisdictions do not allow limitations on certain damages, so some of the above may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Zema Digital, its members, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of our website or services
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property or privacy rights
- Any content or materials you provide to us
Governing Law & Disputes
These Terms are governed by and construed in accordance with the laws of the State of Missouri, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in St. Charles County, Missouri, and you consent to personal jurisdiction in those courts.
Before initiating formal legal proceedings, both parties agree to attempt to resolve disputes in good faith through direct communication for a period of at least 30 days.
Changes to These Terms
We may update these Terms from time to time. When we do, we will update the "Last Updated" date at the top of this page. Material changes will be communicated to active clients by email. Continued use of our services after changes are posted constitutes your acceptance of the updated Terms.
SMS & Text Messaging
Zema Digital, LLC operates an SMS messaging program to communicate with business owners and decision-makers who have explicitly requested information or a free AI visibility scan via our website forms at zemadigital.com/contact. By submitting a request through our website, you agree to the following terms governing our text messaging practices.
Nature of Messages
Text messages sent by Zema Digital may include follow-ups regarding your requested AI visibility scan, scheduling reminders, and notifications about our marketing automation and lead generation services. Every message identifies Zema Digital as the sender and includes opt-out instructions.
Message Frequency & Rates
Message frequency varies based on your interactions with our platform. Standard message and data rates may apply depending on your mobile carrier plan.
Opting Out
To stop receiving text messages from Zema Digital at any time, reply STOP to any message. Your number will be immediately and permanently removed from our messaging list. Reply HELP for assistance. Opt-outs are honored within minutes and are permanent — we will not re-add your number without your explicit written consent.
Privacy & Data Sharing
Phone numbers collected via our website forms are used solely to respond to your inquiry or requested analysis. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. SMS delivery is handled by Twilio, Inc. Full details are available in our Privacy Policy.
Contact
Questions about these Terms? Reach us at: