Legal
Terms & Conditions
Last updated: 11/18/25
Welcome to Mainstay Digital. These Terms govern access to mainstaydigital.com and related services. By using the Services, you agree to these Terms. If you disagree, do not use the Services.
1. Use of Our Services
You may use Services only per these Terms and applicable laws. You agree not to:
- Use Services for unlawful, fraudulent, or malicious purposes
- Attempt unauthorized system access
- Interfere with website security, functionality, or performance
- Copy, scrape, or harvest content without permission
- Upload viruses, malware, or malicious code
- Use automated tools including bots, crawlers, or scripts without written consent
Mainstay may suspend or terminate access for violations.
2. Intellectual Property
All website content including designs, text, images, graphics, videos, 3D assets, interactive media, trademarks, and software constitutes Mainstay Digital's intellectual property or its licensors'.
You may not copy, reproduce, modify, distribute, display, create derivative works, or exploit any part of the Services without our express written permission.
You may view, share, or print content for non-commercial use only.
3. Client Content and Submissions
If you submit inquiries, project information, creative briefs, files, or other content, you grant Mainstay necessary rights to review, evaluate, and respond.
You represent and warrant that:
- You own or possess legal rights to provide such content
- Your submission doesn't infringe third-party rights
- Your content complies with applicable laws
Mainstay doesn't claim ownership of proprietary project files unless otherwise agreed in a separate contract.
4. Quotes, Proposals, and Agreements
Any proposals, statements of work (SOWs), pricing, or deliverables referenced through our Services are not binding until confirmed in a written agreement signed by both parties.
Website content serves informational purposes only and does not constitute:
- A formal offer
- A partnership
- A commitment to provide services
- Legal or financial advice
5. Third-Party Tools and Services
Mainstay may integrate third-party services including analytics tools, marketing platforms, communication tools, and cloud hosting providers.
We are not responsible for the availability, accuracy, security, content, or policies of any third-party platforms or websites.
Third-party tool use is governed by their own terms.
6. Disclaimers
Our Services are provided as is and as available, without warranties of any kind, express or implied.
Mainstay doesn't guarantee:
- Accuracy of website content
- Continuous or error-free operation
- Freedom from malware or security vulnerabilities
- Results, outcomes, or performance meeting expectations
To the fullest extent allowed by law, we disclaim all warranties including merchantability, fitness for a particular purpose, non infringement, and any warranties arising from course of dealing or usage of trade.
7. Limitation of Liability
To the maximum extent permitted by law, Mainstay Digital and its officers, employees, contractors, and partners are not liable for any indirect, incidental, consequential, special, punitive, or similar damages, including loss of profits, loss of data, or business interruption.
Total liability for any claim shall not exceed $100 USD.
Some jurisdictions disallow certain limitations. Only permitted limitations apply.
8. Indemnification
You agree to indemnify, defend, and hold harmless Mainstay Digital from claims, liabilities, damages, losses, or expenses including attorney fees arising from:
- Your use of the Services
- Your violation of these Terms
- Your infringement of intellectual property or privacy rights
- Your misuse of website content
9. Privacy
Service use is governed by the Privacy Policy.
10. Termination
Mainstay may suspend or terminate access at any time, without notice, for reasons including:
- Violations of these Terms
- Harmful or suspicious activity
- Misuse of the website
- Legal or compliance concerns
You may stop using Services at any time.
11. Governing Law
These Terms are governed by Texas state law, without regard to conflict principles.
Any disputes shall be resolved exclusively in the state or federal courts located in Dallas County, Texas. You consent to jurisdiction and venue in those courts.
12. Changes to These Terms
Mainstay may update these Terms. Updates include a new Last Updated date. Continued service use constitutes acceptance.
13. Contact Us
For questions about these Terms:
Mainstay Digital
operations@mainstaydigital.com
mainstaydigital.com
14. SMS Terms and Conditions
These Terms apply to SMS communication services. By opting in, you consent to text messages for customer care, scheduling, billing, updates, and marketing.
14.1 Consent to Receive Messages
By providing your mobile number and opting in, you authorize Mainstay to send SMS messages. You represent ownership or permission for the number. Numbers aren't shared with third parties for their marketing.
14.2 Types of SMS Messages
You may receive messages regarding:
- Appointment reminders
- Scheduling and follow-up
- Customer support
- Billing updates
- Promotions or offers
- Service notifications
- Project updates or instructions
Message frequency varies.
14.3 Message and Data Rates
Your carrier's message and data rates may apply. You're responsible for associated fees.
14.4 Opt In Methods
Opt in through:
- Online website form submission
- Paper form completion
- Verbal consent during representative conversation
14.5 Opt Out Instructions
You may opt out of receiving SMS messages at any time. To stop receiving messages, reply STOP to any SMS you receive.
You may also contact Mainstay directly for removal from the list. One confirmation message may follow opt-out.
14.6 Help and Support
Reply HELP to any message or contact mainstaydigital.com/contact.
14.7 Standard Disclosures
- Message and data rates may apply
- Message frequency varies
- Reply STOP to unsubscribe
- Reply HELP for assistance
- SMS terms operate with the Privacy Policy and these Terms
14.8 Example Message
By opting in to SMS messaging through our website or any other form, you agree to receive text messages from Mainstay Digital regarding scheduling, reminders, service notifications, project updates, and billing. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for assistance.