Last Modified: November 29, 2024

Welcome to the Terms of Use for Digital Wizards. This is an agreement (“Agreement”) between [Digital Wizards, LLC] and its affiliates and subsidiaries (collectively, “Digital Wizards,” “we,” “us,” or “our”), the owner of the services, software, applications, platforms, and products provided or made available via websites owned or operated by Digital Wizards (collectively, the “Platform”), and you (“you,” “your,” or “user(s)”), a user of the Platform. Affiliates and subsidiaries of [Digital Wizards, LLC] include, without limitation, RelevantLinks.io and SEO Magic (and any future brands we operate).

Please read this Agreement carefully. By clicking “Sign Up,” "Sign In," or accessing, or using the Platform, you agree to be bound by this Agreement and our Privacy Policy. We may amend our Terms of Use or the Privacy Policy and may notify you when we do so. PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS. If you do not agree, cease using the Platform immediately.

Statements of Work (“SOWs”) are deemed to incorporate by reference all terms of this Agreement. If there is any conflict between an SOW and this Agreement, this Agreement controls.

You may be required to register before accessing portions of the Platform. Your information will be collected and disclosed per our Privacy Policy. You must provide accurate information and be over 18. One account per user. We may verify credentials and reject users. You are responsible for maintaining the confidentiality of your login and for all activities under your account. Notify Digital Wizards immediately of any unauthorized use. If you register on behalf of a company, you represent that you are authorized to bind the company.

Upon registration and payment (where required), we grant you a personal, non-exclusive, revocable, limited license to access the Platform and use our services. You receive no ownership interest. All rights not expressly granted are reserved by Digital Wizards. We may suspend, restrict, or revoke access at our discretion, including if we believe your actions may harm us or our users. Our failure to enforce any right is not a waiver.

Through the Platform, Digital Wizards may offer SEO services, content services, software utilities, analytics, and related services. We use reasonable efforts to provide services; however, results depend on numerous factors outside our control. All services are provided “as-is.” We do not guarantee rankings, placement, traffic, leads, profits, or business outcomes. Rankings vary by region, engine, algorithm updates, and other variables.

You acknowledge and agree that:

• Digital Wizards is not responsible for website changes you or third parties make that affect rankings.
• Search engines and directories set their own policies and may exclude content at their discretion.
• We cannot and do not guarantee any position change or fixed position for any keywords.
• We make no representation regarding profits or increased business.
• We do not control search engines’ actions or inaction.

To enable our work, you agree to promptly provide requested access (e.g., CMS, hosting, analytics, Search Console), codes, data, documents, content, creative, and timely approvals. Delays or non-cooperation may prevent delivery and do not entitle you to refunds.

You are responsible for your use and for any use through your account. You agree you will not:

• Copy, distribute, or disclose any part of the Platform by any means (including scraping).
• Attempt to interfere with or compromise security or decipher transmissions.
• Use non-provided robots, crawlers, or scrapers to access or extract data.
• Use automation to send more messages than a human could reasonably produce.
• Share your access with others or resell access.
• Use the Platform to operate life-critical systems.
• Decompile, reverse engineer, disassemble, rent, lease, loan, distribute, or create derivative works.
• Access the Platform to build a competitive product or service.
• Store or transmit PHI, highly sensitive financial data, or other sensitive regulated data.
• Impose unreasonable load on our infrastructure.
• Harvest personal data from the Platform.
• Impersonate others or misrepresent affiliation.
• Infringe intellectual property, privacy, or contract rights.
• Use the Platform for misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing purposes.
• Violate network policies connected to the Platform.
• Sell, lease, transfer, or sublicense the Platform or derive income from it except as allowed in-product.
• Interfere with operation of the Platform or de-index/de-cache it from third-party services.
• Violate any applicable law or regulation.

“User Content” means information you submit or transmit via the Platform (e.g., data, images, text, code). We are not required to host, display, migrate, or distribute your User Content. You are solely responsible for User Content and you release us from liability related to it. While we use industry-standard safeguards, we cannot guarantee absolute security.

Our Privacy Policy (incorporated by reference) governs the collection and use of your information. By using the Platform, you consent to our processing and transfer of information in accordance with the Privacy Policy, including transfers to the United States and other countries where we or our providers operate.

We strive for continuous availability but do not guarantee uptime or that the Platform will meet your requirements. We may refuse service, suspend access, or modify, update, or remove features for security, legal, IP, technical, or business reasons at any time.

Some features require payment. You authorize Digital Wizards (or our payment processors) to charge your payment method for all fees, taxes, and charges. You must keep your information accurate and current. If payment fails or is overdue, we may suspend or terminate access.

If we do not charge taxes, you are responsible for all applicable taxes and for providing reasonable tax documentation upon request.

Some services are offered on a recurring subscription basis (“Paid Subscription”). YOU AUTHORIZE RECURRING BILLING for the term you select. Unless otherwise stated, Paid Subscriptions renew automatically for successive periods equal to the initial term until canceled. To cancel, use your dashboard or contact support. If you are not under a fixed-term contract, a 30-day advance written cancellation notice prior to your upcoming renewal date is required. Cancellation takes effect after the renewal cycle in which we received your notice.

Prices are listed in the Platform. We may change prices; we will notify you of increases. If you do not accept, you may discontinue the affected service; otherwise, the new price applies.

All purchases are final and non-refundable. However, we offer a 30-Day Satisfaction Guarantee: if dissatisfied, contact support within thirty (30) days of receiving your order report and we’ll work with you to address concerns.

Upon full and timely payment, Digital Wizards assigns to you all right, title, and interest in final Deliverables (e.g., press releases, blog posts, creative content) provided under the applicable order/SOW, excluding our pre-existing materials, tools, libraries, and know-how (which remain ours; you receive a license to use them as embedded in Deliverables). If payment is not made, we may withhold or request return/removal of Deliverables. Unused promotional or non-promotional Deliverables expire after one (1) year. If our team requests feedback on Blogger/Web Copy orders and you do not respond within seven (7) calendar days, we may complete the order as-is with no further edits.

Estimated delivery dates are good-faith targets and non-binding. We may modify estimates as needed. We are not liable for missed estimates. We may automatically approve orders pending client approval after a product-specific waiting period.

“Digital Wizards,” our logos, product names, domains and subdomains, the Platform design and user interface, templates, scripts, graphics, and other content (collectively, the “Marks” and “Content”) are owned by or licensed to Digital Wizards and protected by IP laws. Except as expressly permitted, you may not use, copy, or distribute any part of the Platform, Marks, or Content without prior written consent.

We do not accept unsolicited ideas. If you send submissions anyway, you agree: (1) they become our property without compensation; (2) we may use or redistribute them for any purpose; (3) we have no obligation to review them; (4) we have no obligation to keep them confidential.

THE PLATFORM AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, DIGITAL WIZARDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM VIRUSES OR MALICIOUS CODE. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT DEFECTS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DIGITAL WIZARDS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR LOST PROFITS/REVENUE, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE PLATFORM/SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. WHERE A DISCLAIMER IS NOT PERMITTED, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS IN THE PAST SIX (6) MONTHS IS LIMITED TO THE AMOUNTS YOU PAID TO DIGITAL WIZARDS FOR THE SERVICES GIVING RISE TO THE CLAIM.

You agree to defend, indemnify, and hold harmless Digital Wizards and our affiliates, and our/their respective officers, directors, employees, agents, and contractors from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Platform or services; (b) your violation of this Agreement; (c) your interactions with third parties; or (d) your infringement or violation of third-party rights.

If you believe your copyright has been infringed, send a notice containing: (1) your name; (2) the copyright owner’s name (if different); (3) identification of the work claimed infringed; (4) the location/URL of the infringing material; (5) a good-faith statement the use is unauthorized; (6) a statement under penalty of perjury that the information is accurate and you are authorized; and (7) your physical or electronic signature.

This Agreement is governed by the laws of the State of Idaho, without regard to conflicts of law principles. The offer and acceptance of this Agreement is deemed to occur in Idaho.

Any dispute arising out of or relating to the Platform or this Agreement shall be submitted to confidential, binding arbitration in Boise, Idaho, under the American Arbitration Association (AAA) Commercial Rules (or Consumer Rules, as applicable) by a single arbitrator. Proceedings and award shall be in English. Each party bears its own arbitration fees and costs. To the fullest extent permitted by law, no arbitration shall be joined with another, including as a class or representative action. Either party may seek equitable relief (including injunction) or bring a non-payment claim in a court of competent jurisdiction, and IP ownership/infringement issues shall be decided exclusively by a court of competent jurisdiction in Ada County, Idaho. Any claim must be filed within one (1) year after it accrued.

You and Digital Wizards agree that disputes shall proceed only on an individual basis. You waive any right to have disputes heard as a class, representative, or collective action.

If any provision is unlawful or unenforceable, the remaining provisions remain in full force. If provisions conflict, we may elect which provision controls.

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Licensing, Indemnification, and Arbitration sections.

If you enter into any SOW, order or other similar document or agreement requiring you to pay for access and use of the Platform (each an “SOW”), such SOWs are non-cancellable by you. Any refunds are subject to the refund terms contained in this Agreement. Please be aware that upon termination of your account, access to portions of our Platform may be become immediately disabled. We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated this Agreement or any SOW; or (3) if we believe that any of your actions may legally harm Digital Wizards or our business interests, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. Upon termination, Platform access may cease immediately. If we terminate this Agreement, applicable SOWs may also terminate.

This Agreement along with the Privacy Policy and SOWs, if any, constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.

The communications between you and Digital Wizards use electronic means, whether you visit the Platform or send Digital Wizards e-mails, or whether Digital Wizards posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Digital Wizards in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Digital Wizards provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and Digital Wizards.

For questions or support, contact support@wizards.digital or use the in-Platform ticket system.

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Next Net must be sent to our agent by submitting a ticket.

Upsell promotions presented during checkout are standalone offers and cannot be combined with other offers.

By signing up for a Digital Wizards account and providing your mobile number in any Platform that includes automated messaging technology (collectively, the “Digital Wizards Program”), you:

• Represent you are the subscriber/authorized user of the number or have permission to enroll it;
• Grant Digital Wizards permission to send automated texts via your carrier until you revoke permission; and
• Request to receive such messages even if your number appears on a Do Not Call list (to the extent permitted by law).

You may opt out at any time by replying STOP to any message from us or by contacting us as indicated below. Reply HELP for help. Enrollment is not required to purchase products or services. Message and data rates may apply. By enrolling, you agree to these SMS Terms and any other applicable terms.

Digital Wizards, LLC