Legal

Terms of Service

The terms that govern your use of DFM's platform, website, and Agency Services.

Effective date: September 22, 2026  |  Applies to: digitalfootprintmanagement.com, thedfmagency.com, and app.thedfmagency.com

Overview

These Terms of Service ("Terms") govern your use of the services, software platform, and marketing services provided by The DFM Agency ("DFM," "we," "our," or "us"). By entering into a service agreement with DFM, creating an account, subscribing to a plan, or otherwise using our services, you agree to these Terms.

1. Our services

DFM provides a digital footprint management platform, which may include listings management, reputation and review management, social media tools, advertising management, CRM capabilities, reporting, and website tools (the "Platform"), as well as hands-on marketing services such as SEO, paid advertising management, social media management, website design, and reputation management performed on your behalf ("Agency Services"), collectively the "Service."

The specific services, pricing, term, and payment schedule applicable to you are set out in your service agreement or order form ("Order"), if you have one. These Terms apply to all clients; where you have an Order, your Order governs the specifics of your relationship with us, and if there is a conflict between these Terms and your Order, your Order controls. If you don't have a separate service agreement or Order — for example, if you subscribed to a plan directly through our website or platform — these Terms, including Sections 4 and 5 below, govern your subscription directly.

2. Accounts

You must provide accurate, current information when setting up your account and keep it up to date. You're responsible for all activity under your account and for keeping your login credentials confidential. Notify us immediately if you suspect unauthorized access.

3. Term, renewal, and cancellation

This section applies directly to subscription clients who don't have a separate service agreement. If you have a contract with DFM, its term and cancellation provisions govern instead.

If your Order does not specify a fixed term, your Service renews automatically on a monthly basis until either party cancels with 30 days' written notice. If your Order specifies a fixed term, that term governs, including any provisions for renewal, early termination, or amounts owed upon cancellation.

4. Fees and payment

This section applies directly to subscription clients who don't have a separate service agreement. If you have a contract with DFM, its payment terms govern instead.

Fees are set out in your Order and are due as specified. Fees are non-refundable except as required by law or expressly stated in your Order. We may change our fees with 30 days' advance notice; continued use of the Service after a price change takes effect means you accept the new pricing. If a payment fails or is past due, we may suspend access to the Service until your account is current.

5. Client content and data

You retain ownership of all content, business information, and data you submit to us ("Client Data"). You grant DFM a license to use Client Data solely to provide the Service to you, and you represent that you have the right to submit that data to us.

Where DFM manages, publishes, or responds to content on your behalf — such as review responses, social posts, or listing updates — you authorize us to act on your behalf for that limited purpose, and you remain responsible for compliance with the terms of any third-party platform where that content appears.

6. Text messaging

6.1 Texts sent by you to your customers

If you use DFM's Service to send text messages to your customers or leads, you are solely responsible for obtaining proper consent from each recipient before texting them, in accordance with the Telephone Consumer Protection Act (TCPA) and applicable carrier and industry guidelines.

  • You must not send messages to any recipient who has not provided valid opt-in consent.
  • Every message must include a clear way to opt out (e.g., "Reply STOP to unsubscribe"), and opt-out requests must be honored promptly.
  • Message and data rates may apply to recipients depending on their mobile carrier.
  • You agree to maintain records of consent for all recipients you message, and to provide that documentation to DFM upon request.

DFM is not responsible for a client's failure to obtain or document proper consent, and you agree to indemnify DFM for any claims arising from messages sent without proper consent, in accordance with Section 11 below.

6.2 Texts sent by DFM to leads

Separately from the Service you use to text your own customers, DFM may also send text messages directly to businesses and individuals who have inquired about DFM's services, requested a free digital footprint audit, or otherwise provided their phone number and consent to be contacted (our "leads").

  • We only text leads who have opted in, such as by submitting a form on our website or requesting information from us.
  • Reply STOP to any text from DFM to stop receiving messages. You may receive one final confirmation message.
  • Reply HELP for assistance, or contact us at contactus@digitalfootprintmanagement.com.
  • Message and data rates may apply. Message frequency varies.
  • Consent to receive texts from DFM is never a condition of purchasing any service.

7. Acceptable use

You agree not to use the Service to violate any law, post false or defamatory content, infringe on others' intellectual property or privacy rights, interfere with the security of the Service, or resell or sublicense the Service without our written consent. We may suspend or terminate access for violations of this section.

8. Intellectual property

The Service, including its software, design, and DFM-created materials, is owned by DFM and is protected by intellectual property laws. Content DFM creates for you as part of Agency Services is licensed to you for use in connection with your business, and ownership transfers to you upon full payment for the applicable work.

9. Confidentiality

Each party agrees to protect the other's non-public business information with reasonable care and not disclose it to third parties, except as needed to provide the Service or as required by law.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, DFM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DFM DOES NOT GUARANTEE SPECIFIC RESULTS FROM MARKETING, ADVERTISING, SEO, OR REPUTATION MANAGEMENT SERVICES, INCLUDING SPECIFIC RANKINGS, REVIEW VOLUME, LEAD VOLUME, OR REVENUE OUTCOMES.

11. Limitation of liability and indemnification

TO THE FULLEST EXTENT PERMITTED BY LAW, DFM'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID DFM IN THE 12 MONTHS PRECEDING THE CLAIM. DFM WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

You agree to defend and indemnify DFM against any claims, damages, or expenses (including reasonable attorneys' fees) arising from your breach of these Terms, Client Data you provide, or your violation of any law or third party's rights, including improper SMS consent practices as described in Section 6.

12. Termination

Either party may terminate for the other's uncured material breach, following 30 days' written notice. Upon termination, you must pay all outstanding fees, and DFM will cease providing the Service. Provisions that by their nature should survive termination — including payment obligations, intellectual property, confidentiality, disclaimers, and limitation of liability — will survive.

13. Changes to these terms

We may update these Terms from time to time. We'll update the effective date above and, for material changes, provide notice. Continued use of the Service after changes take effect means you accept the updated Terms.

14. Governing law

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles. Any dispute will be resolved in the state or federal courts located in Tennessee, and each party consents to that venue.

15. General

  • Entire Agreement. These Terms, together with your Order, are the entire agreement between you and DFM regarding the Service.
  • Assignment. You may not assign your rights under these Terms without DFM's written consent.
  • Severability. If any provision is found unenforceable, the rest of these Terms remain in effect.
  • No Waiver. DFM's failure to enforce a provision is not a waiver of that provision.

16. Contact us

Questions about these Terms? Reach us at:

The DFM Agency
contactus@digitalfootprintmanagement.com