Terms of Service for Fractional Digital

Welcome to Fractional Digital! These Terms of Service ("Terms") govern your use of our digital marketing and AI-based services ("Services"). Please read these Terms carefully. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

1. Services

1.1 Description of Services
Fractional Digital provides digital marketing solutions, leveraging AI tools to assist in content creation, data analysis, and marketing strategy implementation.

1.2 Modifications to Services
We continually improve our Services by updating features and functionalities. We reserve the right to modify or discontinue Services without notice.

2. Client Obligations

2.1 Accurate Information
You must provide current and complete information when using our Services and keep it updated.

2.2 Compliance with Laws
You agree to use our Services in accordance with all applicable laws, especially regarding data usage and privacy in marketing.

2.3 Recording, Transcription, and AI Processing

Fractional Digital routinely records client meetings, calls, and working sessions using audio recording devices and AI meeting assistants, and processes the resulting recordings and transcripts using commercial AI services to produce notes, summaries, drafts, and analysis in support of the engagement.

Notice is provided before or at the start of any recorded session, and any participant may decline. If any participant declines, the session is not recorded. Where a participant is located in a jurisdiction requiring the consent of all parties, Fractional Digital obtains the consent of all participants before recording, regardless of the law applicable in Minnesota.

Recordings and transcripts are retained only as needed to support the engagement, are not disclosed outside the engagement except as required by law, and are deleted on written request. Where a client's confidentiality agreement, information security policy, or applicable regulation restricts the use of third-party recording or AI processing, that restriction governs and the client should notify Fractional Digital in writing.

3. Fees and Payment

3.1 Pricing
Pricing for our Services will be outlined in your contract and may be adjusted with prior notice.

3.2 Payment Terms
Payment is due upon receipt of the invoice, unless otherwise agreed in the contract.

4. Termination

4.1 Termination by You
You may terminate your contract by providing the required notice, as outlined in your agreement.

4.2 Termination by Fractional Digital
We reserve the right to terminate Services for violation of these Terms or other contractual agreements.

5. Limitations of Liability

Fractional Digital provides its Services "as is" and will not be held liable for indirect damages, including lost profits or revenues, resulting from the use or misuse of our AI tools and marketing strategies.

6. Indemnification

You agree to indemnify Fractional Digital from any claims arising from your use of our Services, including third-party rights violations.

7. Governing Law

These Terms will be governed by the laws of Minnesota.

8. Dispute Resolution

Any disputes will be resolved through binding arbitration in Minnesota.

9. Miscellaneous

These Terms, together with your contract and our Privacy Policy, constitute the entire agreement.