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    Terms & Conditions

    Effective Date: May 13, 2026

    1. DEFINITIONS

    For the purposes of these Terms and Conditions, the following definitions apply:

    • "Platform" means the Dyno Digital website, web application, CRM, client portal, automation tools, communication infrastructure, and any associated software or service operated by Dyno Digital Marketing Company LLC.
    • "Client Data" means all data, content, records, files, communications, contact lists, campaign performance data, analytics, and any other information submitted to, generated within, or processed by the Platform on behalf of or by the Client.
    • "Twilio Phone Number" means any telephone number provisioned, imported, ported, or otherwise connected to the Platform via Twilio or any similar telephony provider.
    • "Authorized User" means any individual granted access to the Platform by the Client.
    • "Services" means all digital marketing, web design, CRM management, automation, communication, and related services provided by Dyno Digital.
    • "Subscription" means the recurring or one-time fee arrangement under which Client accesses the Platform.

    2. ACCEPTANCE OF TERMS

    2.1 These Terms and Conditions apply to all users of the Platform, including but not limited to clients, contractors, trial users, and authorized representatives of legal entities.

    2.2 Use of the Platform constitutes full and unconditional acceptance of these Terms. Acceptance may also be indicated by clicking "I Agree," executing a Service Agreement, or otherwise commencing use of the Platform.

    2.3 Dyno Digital reserves the right to amend these Terms at any time. Continued use of the Platform after notice of amendment constitutes acceptance of the revised Terms. It is the Client's responsibility to review these Terms periodically.

    2.4 These Terms supersede all prior agreements, representations, or understandings between the parties with respect to the subject matter herein, unless a separately executed written agreement expressly states otherwise.

    3. DATA OWNERSHIP AND RIGHTS

    3.1 Dyno Digital Ownership of Client Data

    BY USING THE PLATFORM, CLIENT IRREVOCABLY ACKNOWLEDGES AND AGREES THAT ALL CLIENT DATA SUBMITTED TO, GENERATED WITHIN, PROCESSED BY, OR STORED ON THE PLATFORM — INCLUDING BUT NOT LIMITED TO CONTACT DATA, LEAD INFORMATION, CAMPAIGN PERFORMANCE METRICS, ANALYTICS, BEHAVIORAL DATA, COMMUNICATION LOGS, FORM SUBMISSIONS, AND CRM RECORDS — IS AND SHALL REMAIN THE EXCLUSIVE PROPERTY OF DYNO DIGITAL MARKETING COMPANY LLC.

    Client retains no proprietary ownership interest in any data once it is submitted to or processed by the Platform. Dyno Digital's ownership rights arise immediately upon data entry and persist indefinitely.

    3.2 License Grant by Client

    To the extent any data submitted by Client is subject to Client's prior intellectual property rights, Client hereby grants Dyno Digital a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, copy, modify, adapt, publish, translate, distribute, perform, display, and create derivative works from such data for any purpose, including but not limited to:

    • Improvement of the Platform and related services;
    • Training, development, and optimization of artificial intelligence or machine learning systems;
    • Analytical, statistical, and benchmarking purposes;
    • Marketing, promotional, and business development activities of Dyno Digital;
    • Aggregate or de-identified reporting;
    • Compliance with legal obligations;
    • Any other lawful commercial purpose.

    3.3 Data Usage Rights

    Dyno Digital may use Client Data in any manner it deems appropriate in its sole discretion, subject only to applicable law. Dyno Digital makes no representations that Client Data will be used exclusively for Client's benefit.

    3.4 No Data Portability Guarantee

    Client has no automatic right to export, download, or receive a copy of Client Data stored on the Platform. Dyno Digital may, at its sole discretion and for an administrative fee, provide a data export upon written request. Such request must be submitted at least thirty (30) days prior to termination of the Subscription.

    3.5 Data Retention

    Dyno Digital shall retain all Client Data for a minimum of six (6) months following termination or expiration of the Subscription. After such period, Dyno Digital may delete Client Data without notice. Client acknowledges that deleted data is not recoverable.

    4. TWILIO PHONE NUMBERS — OWNERSHIP AND TRANSFER POLICY

    4.1 Ownership of Twilio Phone Numbers

    ALL TWILIO PHONE NUMBERS ADDED TO, PROVISIONED THROUGH, IMPORTED INTO, OR CONNECTED TO THE PLATFORM — WHETHER PROVISIONED DIRECTLY BY DYNO DIGITAL, PORTED FROM A THIRD PARTY, OR SUPPLIED BY CLIENT — ARE AND SHALL IMMEDIATELY BECOME THE EXCLUSIVE PROPERTY OF DYNO DIGITAL MARKETING COMPANY LLC UPON ADDITION TO THE PLATFORM.

    This ownership applies regardless of:

    • Whether the phone number was originally registered in the Client's name;
    • Whether the Client paid any provisioning or porting fee;
    • The method by which the number was added to the Platform;
    • The duration of the Client's Subscription.

    4.2 Client's Use of Phone Numbers During Active Subscription

    During an active Subscription period, Client is granted a limited, revocable, non-transferable license to use Twilio Phone Numbers added to the Platform solely for the purposes authorized by Dyno Digital. This license terminates immediately upon cancellation, suspension, or termination of Client's Subscription.

    4.3 Phone Number Transfer Request

    Client may submit a written request to transfer a Twilio Phone Number out of the Platform. Dyno Digital is under no obligation to approve any such request. Any approved transfer is subject to the following conditions:

    • Client must submit a written Transfer Request at least thirty (30) days prior to the requested transfer date;
    • A one-time, non-refundable Phone Number Transfer Fee, as determined by Dyno Digital in its sole discretion, must be paid in full prior to initiation of the transfer;
    • Client's Subscription account must be in good standing with no outstanding balances;
    • The transfer is subject to Twilio's policies, technical feasibility, and applicable telecommunications regulations;
    • Dyno Digital does not guarantee the availability of any specific phone number at the time of transfer;
    • Dyno Digital shall not be liable for any business disruption, lost communications, or damages arising from or related to a phone number transfer.

    4.4 No Transfer Upon Termination

    Upon termination or non-renewal of a Subscription for any reason, including non-payment, Client forfeits all rights to Twilio Phone Numbers associated with the account. Dyno Digital may reassign, release, or otherwise dispose of such numbers in its sole discretion without notice or compensation to Client.

    4.5 Regulatory Compliance

    Client is solely responsible for ensuring that its use of Twilio Phone Numbers complies with all applicable telecommunications laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA guidelines, and applicable state regulations. Client shall indemnify and hold Dyno Digital harmless from any claims, fines, penalties, or damages arising from Client's use of phone numbers in violation of applicable law.

    5. PLATFORM ACCESS AND AUTHORIZED USE

    5.1 Dyno Digital grants Client a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for Client's internal business purposes during the active Subscription term.

    5.2 Client shall not: (a) sublicense, resell, or transfer access to the Platform without prior written consent; (b) reverse engineer, decompile, or disassemble any component of the Platform; (c) use the Platform to transmit unlawful, harassing, defamatory, fraudulent, or harmful content; (d) use automated bots, scrapers, or scripts to access the Platform without authorization; (e) attempt to gain unauthorized access to any system, network, or account associated with Dyno Digital; (f) use the Platform in any manner that violates applicable law.

    5.3 Client is solely responsible for maintaining the confidentiality of its login credentials. Client is liable for all activity that occurs under its account.

    5.4 Dyno Digital reserves the right to suspend or terminate access at any time for any reason, including but not limited to suspected violations of these Terms, non-payment, or conduct detrimental to the Platform or other users.

    6. FEES, PAYMENT, AND AUTOPAY

    6.1 All fees for Services are set forth in the applicable Service Agreement, proposal, or invoice issued by Dyno Digital. Dyno Digital reserves the right to adjust pricing upon thirty (30) days' written notice.

    6.2 Client agrees to pay all invoices within the timeframe specified in the applicable Service Agreement. Amounts not paid within the agreed period shall accrue interest at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by law, whichever is less.

    6.3 Dyno Digital reserves the right to suspend Platform access and all associated Services immediately upon Client's failure to pay any outstanding invoice.

    6.4 Client agrees to maintain a valid payment method on file and, where required by the applicable Service Agreement, to authorize recurring automatic payments. Client is responsible for ensuring the accuracy and validity of all payment information.

    6.5 All fees are non-refundable unless expressly stated otherwise in a signed written agreement. Termination of Services does not relieve Client of the obligation to pay fees accrued prior to termination.

    6.6 If collection efforts are required, Client shall be responsible for all reasonable costs of collection, including attorneys' fees and court costs.

    7. INTELLECTUAL PROPERTY

    7.1 All technology, software, platform architecture, workflows, templates, creative assets, designs, trademarks, and proprietary methodologies developed or used by Dyno Digital — including any work product created in the course of providing Services — are and shall remain the exclusive intellectual property of Dyno Digital Marketing Company LLC.

    7.2 Unless expressly stated in a signed written agreement, no intellectual property is transferred to Client. Client receives only a limited license to use deliverables for their intended marketing purpose during the active Service relationship.

    7.3 Client shall not represent any work product as its own intellectual property, file for intellectual property protection on Dyno Digital's work, or use Dyno Digital's proprietary materials outside the scope of the authorized license.

    7.4 All websites, applications, digital assets, and materials developed by Dyno Digital on behalf of Client are hosted exclusively within Dyno Digital's infrastructure unless a written Transfer Agreement is separately executed and all associated fees are paid. Upon termination, Client forfeits access to all hosted assets unless otherwise agreed in writing.

    8. CONFIDENTIALITY

    8.1 Each party agrees to maintain in strict confidence all Confidential Information received from the other party. "Confidential Information" includes any non-public information disclosed in connection with the Services, including business strategies, client lists, technical data, and proprietary processes.

    8.2 Confidential Information shall not be disclosed to any third party without prior written consent, except as required by law or court order.

    8.3 Obligations of confidentiality survive termination of these Terms for a period of five (5) years.

    9. DISCLAIMER OF WARRANTIES

    THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. DYNO DIGITAL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

    Dyno Digital does not warrant that: (a) the Platform will meet Client's specific requirements; (b) the Platform will be available at all times or free from errors; (c) any results obtained through use of the Platform will be accurate or reliable; (d) any defects in the Platform will be corrected.

    10. LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DYNO DIGITAL MARKETING COMPANY LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF DYNO DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    DYNO DIGITAL'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO DYNO DIGITAL IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

    11. INDEMNIFICATION

    Client agrees to defend, indemnify, and hold harmless Dyno Digital Marketing Company LLC, its members, managers, officers, employees, contractors, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

    • Client's use of or access to the Platform;
    • Client's violation of these Terms;
    • Client's violation of any applicable law or regulation;
    • Any claim by a third party resulting from Client's marketing communications, including SMS, email, and phone campaigns;
    • Client's use of Twilio Phone Numbers in violation of applicable telecommunications law;
    • Any data breach or security incident resulting from Client's negligence or intentional misconduct;
    • Any dispute between Client and its own customers, vendors, or employees.

    12. TERMINATION

    12.1 Either party may terminate these Terms upon written notice in accordance with the applicable Service Agreement. Dyno Digital may terminate immediately and without prior notice in the event of: (a) Client's material breach of these Terms; (b) non-payment; (c) Client's insolvency or bankruptcy; (d) conduct that Dyno Digital determines is harmful to the Platform, other users, or Dyno Digital's reputation.

    12.2 Upon termination: (a) all licenses granted to Client immediately cease; (b) Client's access to the Platform is revoked; (c) all Twilio Phone Numbers associated with Client's account revert exclusively to Dyno Digital; (d) Client remains obligated to pay all outstanding balances; (e) all provisions of these Terms that by their nature should survive termination shall survive.

    13. PRIVACY AND DATA SECURITY

    13.1 Client acknowledges that Dyno Digital collects, stores, and processes personal data as part of the Platform and Services. Client represents and warrants that it has obtained all necessary consents from its contacts and end users for Dyno Digital to process such data in accordance with these Terms and Dyno Digital's Privacy Policy.

    13.2 Dyno Digital employs reasonable technical and organizational safeguards to protect Client Data. However, Dyno Digital does not warrant absolute security and shall not be liable for unauthorized access resulting from factors beyond its reasonable control.

    13.3 Client is solely responsible for ensuring its use of the Platform complies with applicable privacy laws, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and any other applicable state or federal privacy regulations.

    14. THIRD-PARTY SERVICES

    14.1 The Platform may integrate with or rely upon third-party services, including but not limited to Twilio, Meta, Google, HubSpot, and others. Dyno Digital does not control and is not responsible for the availability, terms, or performance of such third-party services.

    14.2 Changes to third-party services, APIs, or policies may affect Platform functionality. Dyno Digital shall not be liable for any disruptions, losses, or damages resulting from changes to or failures of third-party services.

    14.3 Client's use of any third-party services integrated with the Platform is subject to the applicable third-party terms and conditions.

    15. FORCE MAJEURE

    Dyno Digital shall not be liable for any delay or failure in performance of the Platform or Services resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, government action, telecommunications failures, cyberattacks, power outages, or labor disputes. Dyno Digital will use commercially reasonable efforts to resume performance as soon as practicable.

    16. GOVERNING LAW AND DISPUTE RESOLUTION

    16.1 These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions.

    16.2 Any dispute arising under or related to these Terms shall first be submitted to good-faith mediation in Pender County or Onslow County, North Carolina. If mediation is unsuccessful within sixty (60) days of initiation, the dispute shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA), conducted in English in North Carolina.

    16.3 Notwithstanding the foregoing, Dyno Digital may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, data rights, or confidential information.

    16.4 CLIENT WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST DYNO DIGITAL.

    17. MISCELLANEOUS

    17.1 Entire Agreement. These Terms, together with any applicable Service Agreement or executed contract, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.

    17.2 Severability. If any provision of these Terms is found to be unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

    17.3 Waiver. Dyno Digital's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

    17.4 Assignment. Client may not assign any rights or obligations under these Terms without Dyno Digital's prior written consent. Dyno Digital may assign its rights and obligations without restriction.

    17.5 No Agency. Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between the parties.

    17.6 Notices. All formal notices under these Terms shall be submitted in writing to Dyno Digital Marketing Company LLC via the contact information listed on the Platform or in the applicable Service Agreement.

    17.7 Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.

    ACKNOWLEDGMENT

    By accessing or using the Dyno Digital Platform, or by executing a Service Agreement, Client acknowledges that it has read, understood, and agrees to be bound by these Terms and Conditions in their entirety.