Terms and Conditions

Effective date: August 20, 2026
Last updated: August 20, 2026

These Terms and Conditions (“Terms”) govern your access to and use of generativedigital.com (the “Site”) and any services provided by Generative Digital LLC, a Utah limited liability company (“Generative Digital,” “we,” “us,” or “our”).

By accessing the Site or engaging our services, you agree to these Terms. If you do not agree, do not use the Site or our services.

Please read Section 15 carefully. It requires most disputes to be resolved by binding individual arbitration and waives your right to participate in a class action.

1. Definitions

  • “Client” means a person or entity that has engaged Generative Digital for services under a proposal, statement of work, or written agreement.
  • “Deliverables” means the reports, content, code, designs, strategies, and other work product we create for a Client.
  • “Services” means SEO, generative engine optimization (GEO/AEO), digital audits, website development, consulting, and related services.
  • “SOW” means a proposal, statement of work, order form, or similar document describing an engagement.
  • “You” means the individual or entity accessing the Site or receiving Services.

2. Relationship to engagement agreements

These Terms govern general use of the Site and serve as baseline terms for Services. Where you have signed a separate SOW, master services agreement, or similar written contract with us, that document governs the specific engagement. In the event of a conflict, the signed engagement document controls over these Terms with respect to that engagement. These Terms continue to apply to anything the engagement document does not address.

3. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract to use the Site or engage our Services. If you accept these Terms on behalf of a company, you represent that you have authority to bind that company. You are responsible for maintaining the confidentiality of any credentials you use with us and for all activity under them.

4. Permitted use of the Site

We grant you a limited, revocable, non-exclusive, non-transferable license to access the Site for your own informational and business evaluation purposes. You may not:

  • Copy, reproduce, republish, or redistribute Site content except as permitted by these Terms or applicable law
  • Scrape, crawl, harvest, or use automated means to extract data from the Site except by well-behaved search engine crawlers
  • Use the Site or its content to train machine learning or artificial intelligence models without our prior written permission
  • Reverse engineer, decompile, or attempt to derive source code from any part of the Site
  • Introduce malware, attempt unauthorized access, probe for vulnerabilities, or interfere with the Site’s operation or security
  • Use the Site for any unlawful, deceptive, defamatory, harassing, or infringing purpose
  • Misrepresent your affiliation with Generative Digital or any other person

We may suspend or terminate access for any violation, without notice.

5. Intellectual property

5.1 Our property

The Site and all of its content, including text, graphics, logos, layouts, methodologies, frameworks, templates, and software, are owned by Generative Digital or its licensors and are protected by copyright, trademark, and other laws. “Generative Digital” and our logos are our trademarks. Nothing in these Terms transfers ownership to you.

5.2 Deliverables

Upon our receipt of full payment of all amounts due for the applicable engagement, Generative Digital assigns to Client all right, title, and interest in the Deliverables created specifically for that Client, excluding Retained Materials described below. Until full payment is received, all Deliverables remain our property and any use of them is unlicensed.

5.3 Retained materials

We retain all right, title, and interest in our pre-existing and general-purpose materials, including our methodologies, processes, audit frameworks, report templates, checklists, prompts, scripts, tooling, and know-how (“Retained Materials”), including any improvements to them developed during an engagement. To the extent Retained Materials are embedded in a Deliverable, we grant Client a perpetual, worldwide, non-exclusive, royalty-free license to use them as part of that Deliverable.

Nothing limits our right to perform similar services for other clients or to use general skills, knowledge, and experience gained during an engagement.

5.4 Client materials

Client retains ownership of all content, trademarks, data, and materials it provides to us (“Client Materials”) and grants us a non-exclusive license to use them as needed to perform the Services. Client represents that it owns or has the necessary rights to all Client Materials and that our use of them will not infringe any third-party right.

5.5 Portfolio rights

Unless Client notifies us otherwise in writing, we may identify Client as a client and describe the work performed, including anonymized or aggregated performance results, in our portfolio, case studies, and marketing materials. We will not disclose Client’s Confidential Information in doing so.

6. Client responsibilities

Timely delivery of Services depends on Client’s cooperation. Client agrees to:

  • Provide accurate, complete information and materials when requested
  • Provide and maintain necessary access to websites, hosting, analytics, advertising accounts, domain registrars, and other platforms
  • Review and respond to requests for feedback, approval, or decisions within a reasonable time
  • Maintain its own backups and security for its systems
  • Ensure its website, content, and business practices comply with applicable law, including privacy, advertising, accessibility, and industry-specific requirements

Delays or deficiencies caused by Client may extend timelines and may increase fees. We are not responsible for results affected by Client’s failure to implement our recommendations, by changes Client or third parties make without our involvement, or by inaccurate information Client provides.

7. Fees, payment, and cancellation

  • Fees are set out in the applicable SOW. Unless stated otherwise, fees are quoted in U.S. dollars and are exclusive of taxes.
  • Recurring engagements are billed monthly in advance and renew automatically each month until cancelled.
  • Invoices are due upon receipt unless the SOW states otherwise. Amounts more than 15 days overdue may accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.
  • We may suspend Services and withhold Deliverables while any amount is overdue, after providing notice. Suspension does not relieve Client of payment obligations.
  • Either party may cancel a recurring engagement with 30 days’ written notice, effective at the end of the then-current billing period.
  • Fees for work already performed are non-refundable. Third-party costs we incur on Client’s behalf, such as advertising spend, software licenses, or link placements, are non-refundable once committed.
  • Client is responsible for all applicable sales, use, and similar taxes, excluding taxes on our income.

8. No guarantee of results

This section is important. Please read it carefully.

Search engine optimization, generative engine optimization, and digital marketing outcomes depend on factors outside our control, including search engine and AI platform algorithms, competitor activity, market conditions, Client’s website and infrastructure, third-party platform policies, and Client’s own implementation decisions.

Accordingly:

  • We do not guarantee any specific ranking, position, traffic volume, impression count, citation or mention in AI-generated answers, lead volume, conversion rate, revenue, or return on investment.
  • Any projections, forecasts, benchmarks, or examples of past results are illustrative only and are not promises or warranties of future performance.
  • Search engines and AI platforms may change their algorithms, policies, or presentation at any time without notice, and such changes may materially affect results. This is a normal condition of the industry and is not a breach of these Terms or of any SOW.
  • Search engines and AI platforms may de-index, penalize, or exclude any website at their sole discretion. We do not control and are not liable for such actions unless caused by our gross negligence or willful misconduct.
  • We do not control whether or how any third-party publisher maintains, modifies, or removes content or links.

We commit to performing Services in a professional and workmanlike manner consistent with generally accepted industry practices. That is the standard against which our performance is measured.

9. Third-party services and platforms

Services frequently rely on third-party platforms, software, plugins, hosting, and APIs, including but not limited to search engines, analytics providers, advertising networks, content management systems, hosting providers, and their extensions.

We are not responsible for the availability, performance, security, pricing, data handling, or continued existence of any third-party service, or for any downtime, defect, data loss, vulnerability, or damage arising from one, including defects introduced by a third-party update. Your use of third-party services is subject to their own terms. Where we procure a third-party service on Client’s behalf, our sole obligation is to pass through any remedy we actually receive from that provider.

10. Confidentiality

Each party may receive non-public information of the other that is designated confidential or would reasonably be understood to be confidential (“Confidential Information”). The receiving party will use Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel and advisors who need it and are bound by similar obligations.

Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known without a duty of confidence, is independently developed, or is rightfully received from a third party. Disclosure compelled by law is permitted if the receiving party gives prompt notice where legally allowed. These obligations survive for three years after the engagement ends, and indefinitely for trade secrets.

11. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. Where we process personal information on Client’s behalf, we do so as a processor or service provider under Client’s instructions and the applicable data processing terms.

12. Disclaimer of warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, GENERATIVE DIGITAL DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT OR INFORMATION IS ACCURATE, COMPLETE, OR CURRENT. CONTENT ON THE SITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES AND IS NOT LEGAL, FINANCIAL, TAX, OR PROFESSIONAL ADVICE.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • GENERATIVE DIGITAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, LOST RANKINGS OR TRAFFIC, OR LOSS OR CORRUPTION OF DATA, WHETHER OR NOT FORESEEABLE AND REGARDLESS OF THE THEORY OF LIABILITY.
  • OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO US IN THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations apply even if a limited remedy fails of its essential purpose, and do not apply to liability that cannot be limited by law, including our gross negligence, willful misconduct, or fraud. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless Generative Digital and its members, officers, employees, contractors, and agents from any third-party claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to: (a) your breach of these Terms; (b) Client Materials, including any claim that they infringe or misappropriate a third-party right; (c) your website, products, services, or business practices, including compliance with privacy, advertising, and accessibility laws; (d) your misuse of the Site or Deliverables; or (e) your violation of applicable law.

We will give you prompt notice of any claim, allow you to control the defense with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle a claim in a way that imposes obligations on us without our written consent.

15. Dispute resolution, arbitration, and class action waiver

15.1 Informal resolution first

Before filing any claim, the parties agree to attempt to resolve the dispute informally by sending a written description of the dispute and requested relief to hello@generativedigital.com. The parties will negotiate in good faith for at least 30 days.

15.2 Binding arbitration

If the dispute is not resolved informally, it will be settled by binding individual arbitration administered by the American Arbitration Association under its applicable rules, before a single arbitrator, seated in Salt Lake County, Utah, with the option of remote proceedings. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

15.3 Exceptions

Either party may bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property or Confidential Information.

15.4 Class action waiver

DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU AND GENERATIVE DIGITAL WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. If this waiver is held unenforceable as to a particular claim, that claim will proceed in court and the remaining claims will remain in arbitration.

15.5 Governing law and venue

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods. For any matter not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Salt Lake County, Utah.

15.6 Time limit

Any claim arising out of these Terms or the Services must be brought within one year after the claim accrues, or it is permanently barred, unless a longer period is required by applicable law.

16. Term and termination

These Terms apply while you use the Site and, for Clients, throughout any engagement. We may suspend or terminate your access to the Site at any time. Either party may terminate an engagement for material breach if the breach is not cured within 15 days of written notice.

On termination, Client will pay for all Services performed and costs committed through the effective date of termination. Sections 5, 7, 8, 9, 10, 12, 13, 14, 15, and 17 survive termination.

17. General

  • Independent contractor. The parties are independent contractors. Nothing creates a partnership, joint venture, employment, or agency relationship.
  • Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, labor disputes, utility or internet failures, cyberattacks, government action, or third-party platform outages. Payment obligations are not excused.
  • Non-solicitation. During an engagement and for 12 months afterward, Client will not directly or indirectly solicit for employment or engagement any person who performed Services for Client on our behalf, except through a general public job posting.
  • Electronic communications. You consent to receive communications from us electronically, and agree that electronic notices, agreements, and signatures satisfy any legal writing requirement.
  • Assignment. You may not assign these Terms without our written consent, except to a successor to substantially all of your business. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions stay in effect.
  • No waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
  • Entire agreement. These Terms, the Privacy Policy, and any applicable SOW constitute the entire agreement between the parties on this subject and supersede prior discussions. Any purchase order or Client-issued terms are rejected and of no effect.
  • Headings. Headings are for convenience only and do not affect interpretation.

18. Copyright complaints

If you believe content on the Site infringes your copyright, send a notice under the Digital Millennium Copyright Act to hello@generativedigital.com including: identification of the copyrighted work, identification of the material and its location, your contact information, a statement of good-faith belief that the use is unauthorized, a statement under penalty of perjury that the information is accurate and you are authorized to act, and your physical or electronic signature. We may remove allegedly infringing material and terminate repeat infringers.

19. Changes to these Terms

We may update these Terms at any time. We will revise the “Last updated” date and, for material changes affecting active Clients, provide notice by email or through the Site. Changes are not retroactive. Your continued use of the Site or Services after changes take effect constitutes acceptance.

20. Contact

Generative Digital LLC
Herriman, Utah, United States
Email: hello@generativedigital.com
Web: generativedigital.com