Terms and Conditions

Last updated: 25th October 2025

These Terms and Conditions (“Agreement”) set forth the general terms and conditions of your use of the digitallydrunk.com website (the “Website”) and any of its related products and services (collectively, the “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Digitally Drunk (“Digitally Drunk”, “we”, “us” or “our”).

If you are entering into this Agreement on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with any part of this Agreement, you must not accept this Agreement and may not access or use the Website or Services.

By accessing or using the Website or Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. This Agreement is a contract between you and Digitally Drunk, even though it is electronic and not physically signed, and it governs your use of the Website and Services.

1. Payment Descriptor

Charges on your card or payment method will appear as:
“digitallydrunk.com”

2. Eligibility

By using the Website and Services, you represent that:

You are at least 18 years old (or the age of majority in your jurisdiction, if higher);
You have the legal capacity to enter into this Agreement;
You are not located in a country or territory that is subject to comprehensive sanctions or embargoes, and you are not listed on any applicable sanctions list (including OFAC’s Specially Designated Nationals list or equivalent lists);
Your use of the Website and Services is in compliance with applicable laws.

3. Accounts and Membership

If you create an account on the Website:

You are responsible for maintaining the confidentiality and security of your login credentials.
You are fully responsible for all activities that occur under your account.
You agree to provide true, accurate, current, and complete information and to keep it updated.

We may, at our sole discretion:

Monitor and review new accounts before allowing access to the Services;
Suspend, disable, or delete your account if we believe you have violated this Agreement, engaged in fraudulent or abusive behavior, or otherwise harmed our reputation or operations;
Block your email address, IP address, or other identifiers to prevent future registration if your account is terminated for cause.

You agree to notify us immediately of any unauthorized use of your account or any other security breach. We are not liable for any losses or damages arising from your failure to safeguard your account information.

4. Description of Services (Digital Marketing & Tech)

Digitally Drunk provides various digital and technology-related services, which may include (without limitation):

Branding, logo design, product label design
UX/UI planning and website/app experience consulting
Social media creatives, content strategy, and organic posting
AI-generated content or videos, creative assets, and automation tools
Paid advertising strategy and management (e.g., Google, Meta, LinkedIn, TikTok, etc.)
SEO strategy, on-page/off-page optimization, and technical recommendations
Web design and development services (including Framer, WordPress, and other platforms)
Analytics, tracking setup, and performance dashboards

The specific scope of Services for each client project may be defined in:

A separate proposal / order form / statement of work (SOW) / service agreement; or
Online subscription plan or product description at the time of purchase.

In the event of any conflict between this Agreement and a signed SOW or custom agreement, the specific SOW/agreement will usually prevail for the portion of Services it covers.

We may update, modify, or discontinue any aspect of the Services at any time, subject to ongoing contractual obligations for active clients.

5. Billing, Payments, and Taxes

You agree to pay all fees and charges associated with your use of the Services in accordance with:

The pricing and billing terms in effect at the time a fee or charge is due;
Any additional terms set forth in a relevant proposal, invoice, subscription page, or SOW.

5.1 Payment Processing

Payments are processed via secure third-party payment processors or acquiring banks.
Sensitive payment information is transmitted over SSL-secured, encrypted channels.
We may treat certain transactions as high-risk, and in such cases, we may request:
- A valid government-issued photo ID; and/or
- A recent bank statement or other proof verifying the payment method.

We reserve the right to refuse, limit, or cancel any order or subscription at our sole discretion, including but not limited to:

Orders placed under the same customer account, credit card, or billing/shipping address;
Orders that appear fraudulent, abusive, or in violation of this Agreement.

If we make a change to or cancel an order, we may attempt to notify you using the contact details you provided.

5.2 Taxes

Unless otherwise specified, fees and prices are exclusive of any taxes. Depending on your location and applicable laws, we may be required to charge, collect, and remit:

Sales tax
Value Added Tax (VAT)
Goods and Services Tax (GST)
Digital services taxes or other similar levies

You are responsible for:

Providing accurate billing information, including your billing address and country;
Paying all applicable taxes, duties, or charges imposed by government authorities based on your country/state/region.

Where required by law, we will itemize such taxes on invoices or transaction receipts. We may share relevant transaction information with tax authorities or tax reporting services to comply with our legal obligations.

6. Pricing, Subscriptions, and Refunds

6.1 Pricing and Changes

Product and service pricing may change from time to time at our discretion.
Changes to ongoing subscription fees will generally apply from the start of the next billing cycle and, where required by law, we will provide notice in advance.

6.2 Subscriptions and Auto-Renewal (if applicable)

If you subscribe to a recurring service:

Your subscription will auto-renew at the end of each billing period (e.g., monthly, annually) unless you cancel before the renewal date.
By subscribing, you authorize us (or our payment processor) to charge your payment method for each renewal period until you cancel.

You may cancel your subscription according to the process described on the Website or in your account settings. Cancellation typically takes effect at the end of the current billing period, and you will generally not receive a refund for the remaining period unless required by law or expressly stated otherwise.

6.3 Refunds

Due to the nature of digital services and time-based work:

All fees paid are non-refundable, except where:
- Required by applicable law; or
- Explicitly stated otherwise in a written agreement or specific guarantee.

Any discretionary refunds or credits are granted solely at our discretion and do not constitute a waiver of this policy.

7. Accuracy of Information

Occasionally, information on the Website or within the Services may contain typographical errors, inaccuracies, or omissions that may relate to pricing, promotions, offers, or service descriptions.

We reserve the right to:

Correct any errors, inaccuracies, or omissions;
Change or update information;
Cancel or refuse orders based on inaccurate information,

at any time without prior notice (including after you have submitted an order), as permitted by law.

We do not undertake any obligation to update or clarify information on the Website, including without limitation pricing information, except as required by law. Any stated “last updated” date should not imply that all information has been comprehensively updated.

8. Third-Party Services and Platforms

Many of our digital marketing and tech services may involve integration with or use of third-party platforms, including but not limited to:

Google Ads, Google Analytics, Google Search Console
Meta (Facebook/Instagram), LinkedIn, TikTok, X (Twitter), YouTube
Email marketing tools, CRM platforms, marketing automation systems
Web hosting services, domain registrars, payment gateways

Your use of such third-party services is governed solely by the terms and conditions and privacy policies of those third parties. We:

Do not control and are not responsible for those platforms or their content;
Are not responsible for any changes, outages, account suspensions, or policy enforcement actions taken by those platforms;
Make no warranties or representations about their data practices or service availability.

You irrevocably waive any claim against Digitally Drunk arising from:

Your enablement, access, or use of such third-party services; or
Any disputes between you and such third parties.

By enabling or authorizing any third-party integration, you expressly permit us to share or transmit your data as necessary to facilitate usage, in accordance with our Privacy Policy and any separate agreements.

9. Digital Marketing Performance and Disclaimers

You acknowledge and agree that:

Digital marketing results (such as website traffic, leads, conversions, sales, rankings, or ROI) are influenced by many factors beyond our control (market conditions, competition, platform policies, your product/offer, website quality, etc.).
We do not guarantee specific results, such as particular revenue numbers, ROI, ad performance metrics, or SEO rankings.
Timelines for SEO, paid advertising performance, or social media growth are approximate and may vary significantly.

You remain responsible for:

The accuracy and legality of your own products, services, offers, and claims in creatives;
Timely approvals of content, campaigns, and strategies;
Providing accurate and complete data required for us to perform the Services.

We are not responsible for any loss or damage arising from decisions made based on analytics, recommendations, or campaign performance data.

10. Prohibited Uses

In addition to other prohibitions set forth in this Agreement, you are prohibited from using the Website, Services, or any content:

a. For any unlawful purpose;
b. To solicit others to perform or participate in any unlawful acts;
c. To violate any international, federal, national, provincial, or state regulations, rules, laws, or local ordinances;
d. To infringe upon or violate our intellectual property rights or the rights of others;
e. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f. To submit false, misleading, or deceptive information or claims;
g. To upload or transmit viruses, malicious code, or anything that may affect the security or operation of the Website, Services, third-party products, or the Internet;
h. To spam, phish, pharm, pretext, spider, crawl, or scrape;
i. For any obscene, immoral, or abusive purpose;
j. To interfere with or circumvent the security features of the Website, Services, third-party products, or the Internet;
k. To violate applicable advertising policies of any third-party platform we work with (e.g., prohibited content in Google Ads, Meta Ads, etc.);
l. To use the Services in connection with sanctioned or restricted activities or jurisdictions.

We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

11. Sanctions and Restricted Countries (OFAC and Others)

We comply with applicable economic sanctions and export control laws, including those administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and similar authorities.

Accordingly:

We do not provide Services to users located in, or ordinarily resident in, countries or territories subject to comprehensive sanctions or embargoes (“OFAC countries”);
We do not provide Services to individuals or entities listed on applicable sanctions or restricted party lists;
We may use IP addresses, billing addresses, payment information, and other data to help identify your location and ensure compliance.

By using the Website and Services, you represent and warrant that:

You are not located in a comprehensively sanctioned country or territory;
You are not listed on any applicable sanctions list;
You will not use the Services for any purpose prohibited by sanctions or export control laws.

We may terminate or suspend your access to the Services immediately if we believe you are in violation of this section.

12. Intellectual Property Rights

“Intellectual Property Rights” means all current and future rights in or to any copyright, trademarks, service marks, trade names, logos, designs, patents, trade secrets, and all other intellectual property rights, whether registered or unregistered, anywhere in the world.

Except where otherwise explicitly stated:

All content, materials, and technology on the Website and within the Services (including text, graphics, logos, designs, code, and software) are the exclusive property of Digitally Drunk or its licensors.
Nothing in this Agreement transfers any ownership rights to you. You are granted only a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services in accordance with this Agreement.

All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of Digitally Drunk or its licensors. Other trademarks, service marks, graphics, and logos may be the property of third parties.

Your use of the Website and Services does not grant you any right or license to reproduce, modify, distribute, or otherwise use any trademarks or other intellectual property without the prior written consent of the respective owner.

13. Client Materials and Deliverables

13.1 Client Materials

You may provide us with content and materials (“Client Materials”), such as:

Logos, brand assets, images, videos
Product or service information, pricing, and claims
Scripts, copy, or other input for campaigns or creatives

You represent and warrant that:

You own or have sufficient rights to use and authorize us to use the Client Materials;
The Client Materials do not infringe any third-party rights, including IP rights and privacy rights;
The Client Materials comply with applicable laws and advertising standards.

You grant Digitally Drunk a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, and display Client Materials solely for the purpose of providing the Services.

13.2 Deliverables and Portfolio Use

Unless otherwise agreed in writing:

Upon full payment of all fees due, you will generally receive a license to use the deliverables (designs, creatives, copy, etc.) for your own business purposes.
We retain the underlying intellectual property in methodologies, frameworks, templates, tools, and know-how used to create deliverables.

You grant us the right (where lawful and unless you expressly object in writing) to:

Display non-sensitive deliverables and your company name/logo in our portfolio, case studies, and marketing materials, both online and offline.

If you have confidentiality or NDA requirements, please inform us in writing so we can adjust accordingly.

14. Confidentiality

Each party may receive or have access to confidential or proprietary information of the other party (“Confidential Information”). Both parties agree to:

Use Confidential Information only for the purpose of fulfilling this Agreement;
Take reasonable steps to protect such information from unauthorized use or disclosure;
Not disclose Confidential Information to any third party except to employees, contractors, or advisors who need to know it and are bound by confidentiality obligations.

Confidential Information does not include information that:

Is or becomes public through no fault of the receiving party;
Was lawfully known to the receiving party before disclosure;
Is independently developed by the receiving party without reference to the disclosing party’s information;
Is rightfully received from a third party without restriction.

15. Limitation of Liability

To the maximum extent permitted by applicable law:

In no event shall Digitally Drunk, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, punitive, or consequential damages, including without limitation lost profits, lost revenue, loss of data, business interruption, loss of goodwill, or loss of business opportunity, arising out of or in connection with the Website or Services, regardless of the legal theory and even if advised of the possibility of such damages.
To the fullest extent permitted by law, the aggregate liability of Digitally Drunk and its affiliates, officers, employees, agents, suppliers, and licensors relating to the Services shall not exceed:
- The total amount paid by you to Digitally Drunk for the Services during the one-month period prior to the first event giving rise to liability, or
- One U.S. dollar (USD $1.00), whichever is greater.

These limitations apply even if any remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. In such cases, the limitations above shall apply only to the extent permitted by the laws of such jurisdiction.

16. Indemnification

You agree to indemnify, defend, and hold harmless Digitally Drunk, its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, demands, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

Your use of the Website or Services;
Your breach of this Agreement or violation of any law;
Any content or Client Materials you submit, upload, or otherwise make available;
Your infringement or alleged infringement of any third-party rights.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with our defense of such claims.

17. Dispute Resolution and Governing Law

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the State of California, United States, without regard to its conflicts or choice-of-law rules, and to the extent applicable, the laws of the United States.

The exclusive jurisdiction and venue for any actions related to the subject matter of this Agreement shall be the state and federal courts located in California, United States, and you hereby submit to the personal jurisdiction of such courts.

You waive any right to a trial by jury in any proceeding arising out of or related to this Agreement.

To the extent mandatory consumer protection laws in your country grant you additional rights or require disputes to be handled in a specific manner, those provisions may apply in addition to or instead of the above, as required by law.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

18. Assignment

You may not assign, transfer, resell, sub-license, or otherwise delegate any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent. Any attempted assignment in violation of this section is null and void.

We may assign or transfer any of our rights and obligations under this Agreement, in whole or in part, to any third party, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets or equity.

19. Changes and Amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time, at our sole discretion. When we do so, we will:

Update the “Last updated” date at the top of this page; and
Provide additional notice where required by law (for example, via email or a notice on the Website).

Unless otherwise specified, an updated version of this Agreement becomes effective immediately upon posting. Your continued use of the Website or Services after the effective date constitutes your acceptance of the revised Agreement.

20. Acceptance of These Terms

You acknowledge that you have read this Agreement and agree to all of its terms and conditions. By accessing and using the Website or Services, you agree to be bound by this Agreement.

If you do not agree to abide by these terms, you are not authorized to access or use the Website or Services.

21. Contacting Us

If you have any questions, concerns, or complaints regarding this Agreement, or if you wish to contact us for any other reason, you may do so using the details below:

Email:
info@digitallydrunk.com

India Office
DIGITALLY DRUNK (Proprietorship)
S-553, Sanskriti Enclave
Eldeco Udyaan-2
Lucknow, UP 226025, India
Phone: +91-9958405272
Email: info@digitallydrunk.com

US Office
DIGITALLY DRUNK LLC
309 Coffeen Avenue, Ste 1200
Sheridan, WY 82801, USA
Phone: +1-830-521-8300
Email: info@digitallydrunk.com