Terms of Service

Definitions

Program

One of DVC's AI Search Visibility Programs described in Section 2, sold on a monthly basis.

Program Agreement

The agreement you accept on the Sign-Up Page for a specific Program, including the program summary, the fee, the payment authorization, your typed signature, and any notes read aloud and recorded on the Sign-Up Page as an addendum. The Program Agreement is your engagement letter.

Sign-Up Page

DVC's online checkout at getnamed.digitalvisibilityconcepts.com, or any successor address, where a Program is accepted and paid for.

Engines

The four AI search platforms on which DVC measures your visibility: ChatGPT, Google, Claude and Gemini. DVC may add or substitute a platform on thirty days' written notice if one of these ceases to be available or is replaced in the market.

Locked Questions

The set of customer questions, in fixed wording, that your Program is built and measured around. The number is set by your Program (Section 2). The set is proposed by DVC, confirmed with you at kickoff, and changed afterward only in writing by both of us.

Scorecard

The monthly report showing, for each Locked Question on each Engine, a dated screenshot of the answer and whether your business was named.

Work Product

Every page, article, image, listing, profile, citation, structured-data markup, report, screenshot and question set DVC creates for you under a Program Agreement.

Client Accounts

Your website and hosting, Google Business Profile, Google Analytics and Search Console, directory listings, and any other account of yours that DVC works inside to deliver a Program.

Start Date

The date your first payment is approved on the Sign-Up Page. Work begins on the Start Date, not before.

Bill Date

The calendar day of the month on which your recurring payment is charged, which is the same calendar day as the Start Date. Where a month has no such day, the last day of that month.

Initial Term

The first ninety days beginning on the Start Date.

The Programs

DVC offers six Programs. Each runs the same kind of work. What changes from one to the next is the number of Locked Questions, the number of answers measured each month, and the length of the review call. Every Program includes a review call every month.

The price of each Program is the price shown on the Sign-Up Page on the day you accept, and is stated in your Program Agreement. The contents of each Program are those shown on the Sign-Up Page on the day you accept.

2.1 What every Program includes

• The Scorecard. Your Locked Questions run every month on all four Engines, in the same wording and order, each answer screenshotted and dated, with your business marked named or not named, and competitor movement noted.
• Pages built to be quoted. New or rewritten pages on your website that state, in plain language, what you do, where you do it, what it costs, and what your customers actually ask, written so that search engines and AI platforms can read and repeat them. The number of new pages each month is the number shown for your Program on the Sign-Up Page on the day you accept; which pages come first is set by DVC's monthly work plan and reported to you.
• Your facts, fixed everywhere. One business name, address, phone number and service area on your website, your Google Business Profile, and the directories and listings DVC works in.
• Google Business Profile management. A rebuild of your profile in month one, then services, hours, photos, questions and answers, responses to reviews, and the number of posts each month shown for your Program on the Sign-Up Page.
• Technical foundations. Structured data, indexing, site health, page speed, and the technical signals that let the Engines find and trust your pages.
• A written report. Every month, measured against the baseline Scorecard delivered at the start of your Program.

2.2 Baseline and the first thirty days

Within three business days of your kickoff call DVC delivers a baseline Scorecard showing where your business stands on your Locked Questions. Every later Scorecard is measured against it. DVC's first-thirty-days plan is set at kickoff and reported at the first monthly review.

2.3 What is not included

Ad spend of any kind. Advertising on any platform other than Google Ads, and Google Ads only when management is added under Section 9. Website redesign or rebuild beyond the pages DVC creates under your Program. Social media management. Photography and video production. Third-party directory, software, call-tracking, review-platform or program fees. Any of these can be quoted separately in writing.

2.4 Changing Programs

You may move up to a larger Program at any Bill Date on written notice given before that Bill Date. You may move down to a smaller Program at any Bill Date after the Initial Term on the same notice. A change takes effect on the next Bill Date, the new price applies from that date, and no new agreement is needed. Moving Programs does not restart the Initial Term.

How the Program Agreement is formed

You accept a Program on the Sign-Up Page, normally during a recorded video meeting with a DVC representative. The following together form your Program Agreement and your electronic signature, and have the same force as a signed paper agreement:

• the Program, price, payment method and any addendum shown on the Sign-Up Page at the moment of acceptance;
• your full name typed into the signature field;
• your check of the agreement box and of the box confirming that, on the recorded call, you gave the DVC representative permission to click Sign Up on your behalf; and
• approval of your first payment.

Where a DVC representative completes the Sign-Up Page or clicks Sign Up at your direction, the representative acts as your agent for that step only, on your spoken permission, and the recording of that permission is part of the record of your Program Agreement. By accepting, you confirm that you are at least eighteen years old and have authority to bind the business named on the Sign-Up Page.

DVC emails a copy of your Program Agreement and a receipt to the address you gave on the Sign-Up Page. These Terms are incorporated into every Program Agreement by reference.

Fees and billing

4.1 Monthly in advance

Your Program fee is charged monthly in advance to the payment method you authorize on the Sign-Up Page. The first charge is made at acceptance and sets the Start Date. Each later charge is made on the Bill Date. There is no setup fee.

4.2 Payment methods

Bank draft (ACH) and credit card are accepted. The prices shown on DVC's Plans page and the Sign-Up Page are bank-draft prices. Paying by card costs three percent more, shown on the Sign-Up Page as a card price with a bank-draft discount. You may change payment method on written notice received before the next Bill Date. By authorizing a bank draft you confirm that you are an authorized signer on the account.

4.3 Failed or returned payments

If a charge is declined or a bank draft is returned, DVC notifies you and may retry the charge. Work pauses from the date of the failed charge until it clears. Pages in progress are held, not published, and scheduled runs and calls are held. A pause does not extend the Initial Term and does not change the Bill Date. Any fee DVC's bank or processor charges DVC for a returned draft is added to your next charge.

4.4 Late accounts

An amount unpaid ten days after its Bill Date is late. Late amounts accrue interest at one and one-half percent per month, or the highest rate the law allows if lower, and you are responsible for DVC's reasonable costs of collection, including attorney's fees. DVC may end your Program under Section 5.4 while an amount is late.

4.5 Disputed charges and chargebacks

Tell us in writing within thirty days of a charge if you believe it is wrong and we will work it out with you. You agree not to dispute a properly made charge with your bank or card issuer instead of with us. A chargeback on a charge made under a valid Program Agreement is a breach of that agreement, and any amount reversed remains owed.

4.6 Refunds

Fees for any month in which DVC has delivered work are not refundable. If DVC ends your Program under Section 5.3 for its own convenience during a month you have paid for, DVC refunds the unused portion of that month.

4.7 Price changes

On each anniversary of your Start Date, your monthly Program fee increases by three percent, rounded to the nearest dollar. This happens automatically, applies from the Bill Date falling on or after the anniversary, and needs no new agreement. The Google Ads management fee under Section 9 does not change under this clause.

Apart from that adjustment, DVC does not change the price of your Program during the Initial Term. After the Initial Term, any other price change requires at least thirty days' written notice; the new price applies to Bill Dates after the notice period, and you may end your Program before it takes effect under Section 5.2 with no further obligation.

4.8 Taxes

Fees exclude any sales, use or similar tax that applies to the services; where one applies, it is added to your charge.

Term, and how it ends

5.1 Initial Term, then month to month

Your Program runs for the Initial Term of ninety days from the Start Date. It then continues month to month until ended under this Section.

5.2 Ending it yourself

After the Initial Term you may end your Program on thirty days' written notice. Notice given during the Initial Term takes effect thirty days after notice or at the end of the Initial Term, whichever is later. Your Program and your charges continue through the notice period, and no part of a month already charged is refunded.

5.3 DVC ending it for convenience

DVC may end your Program on thirty days' written notice at any time, with the refund described in Section 4.6.

5.4 DVC ending it for cause

DVC may end your Program immediately on written notice, with no refund, if: an amount is late under Section 4.4 and remains unpaid seven days after DVC's written reminder; you initiate a chargeback contrary to Section 4.5; you direct DVC to publish a statement you know to be false, or the facts you supply under Section 7.3 prove materially false; your business, or any product or service DVC is asked to promote, is unlawful; you or anyone acting for you threatens or abuses DVC staff; or you become insolvent.

5.5 What happens when it ends

Within five business days after the end date DVC hands back every login it holds, delivers copies of every Scorecard, report, screenshot and the Locked Questions, removes itself as a manager or user from your Client Accounts, and deletes your credentials from its systems. Every page DVC built stays live on your website unless you ask DVC in writing to remove it. Amounts owed at the end date remain owed. Sections 6, 8, 11, 13, 14, 15 and 17 survive.

What DVC promises, and what it does not

6.1 The work and the evidence

DVC promises to perform the work described in Section 2 for your Program every month, in a professional and workmanlike manner, and to give you the evidence: the Scorecard, the screenshots, the written report, and the review call your Program includes. Every figure DVC shows you traces to a dated screenshot, to an account you can open yourself, or to a published source DVC names.

6.2 No guarantee of results

DVC does not promise, and no Program Agreement guarantees, any ranking, placement, position, or inclusion in any AI answer or search result; any number of leads, calls, visits, reviews or sales; or any outcome within any period. The Engines are owned and operated by other companies. They change how they select and present answers without notice and do not disclose how they do it. The same question can return a different answer from one day to the next. When something moves, DVC tells you what moved, why it believes it moved, and what it is doing about it.

6.3 Third-party platforms

DVC is not responsible for any action of Google, OpenAI, Anthropic, any directory, any hosting company or any other third party, including a change in their products, a suspension or policy action against your account, an outage, or a change in how they treat your business. DVC will tell you promptly if it becomes aware of such an action and will work with you on a response.

6.4 Your sole remedy

If DVC fails to perform work promised under Section 6.1 in a given month, your remedy is re-performance of that work or, at DVC's option, a refund of the fee for that month. Other than Section 6.1, DVC's services are provided as is, and DVC disclaims every other warranty, express or implied, including merchantability and fitness for a particular purpose.

What DVC needs from you

7.1 The kickoff

A thirty-minute kickoff call within five business days of the Start Date, at which DVC confirms your Locked Questions, collects access, and sets priorities. If the kickoff has not been held within ten business days of the Start Date for reasons on your side, DVC proceeds with the Locked Questions as proposed and the Initial Term is not extended.

7.2 Access

Administrator access to your website and hosting, manager access to your Google Business Profile, and access to Google Analytics, Google Search Console and the directory accounts DVC asks for, provided at or before the kickoff. Where a third party holds a login, you authorize that party in writing to provide it to DVC. DVC uses each credential only to perform your Program, stores it securely, and returns or deletes it under Section 5.5. Delay in providing access delays work and does not extend the Initial Term.

7.3 Accurate facts

You confirm, and keep current, the facts DVC publishes about your business: its legal and trade names, address, phone, hours, service area, services, licenses and license numbers, insurance, certifications, affiliations, prices and financing terms. DVC publishes only what you confirm. You are responsible for the truth and the lawfulness of every claim made about your business, your products and your services, and for compliance with the licensing, advertising and consumer-protection laws that apply to your trade.

7.4 Approvals: five business days

DVC sends each page and each proposed change to your Locked Questions to you in writing for approval, with a deadline of five business days. If DVC has not heard from you by the close of business on the deadline, the item is deemed approved and DVC proceeds, publishes it as delivered, and revises it afterward on request. A quick written approval lets work start sooner. This rule is what keeps your Program on schedule, and you agree to it.

7.5 Review calls

Attendance at the review call your Program includes. A missed call is rescheduled once within the same month; the Scorecard is delivered either way.

7.6 Changes on your side

Written notice, before it happens where possible, of any change to your business name, address, phone number, service area, website platform or hosting, or any third party you engage to work on your website, listings or advertising. Work by you or another vendor that removes, overwrites or breaks Work Product is outside DVC's responsibility; DVC will quote any repair.

7.7 Reviews and customer content

DVC may help you ask your customers for reviews and may respond to reviews on your behalf in a voice you approve. DVC will not write, post or solicit a review that is not from a real customer, and you agree not to ask DVC to.

Ownership

8.1 Work Product is yours

Every item of Work Product belongs to you from the moment it is created, during your Program and after it ends, without any further payment. There is no license back to DVC, no lock-in, and nothing DVC withholds. Your website stays on your hosting under your control; DVC works inside it as your contractor, never as its owner. You may take the Work Product anywhere, to anyone, at any time.

8.2 What stays DVC's

DVC's methods, processes, question-writing and measurement systems, internal tools, templates, software, training materials and know-how, and any improvement to them made while serving you, belong to DVC. Nothing in a Program Agreement transfers them, and you agree not to copy or reverse-engineer them or to use DVC's reports to build a competing service.

8.3 Your content

You grant DVC a license, for the term of your Program, to use your business name, logo, photographs, descriptions and other material you provide, solely to perform your Program. You confirm you have the right to grant it.

8.4 Results as examples

You agree that DVC may use your Program results, including your business name, your Locked Questions, and the dated before-and-after answers, in its marketing, sales presentations, and website. DVC will not show your results to a business in your trade that operates inside your service area as recorded in your Program. You may withdraw this permission at any time by written notice, and DVC will stop new uses within ten business days; material already printed or already presented is not recalled. DVC may use results with your business not identified at any time.

Google Ads management (when added)

Google Ads management is an optional service added to a Program on the Sign-Up Page or later in writing. It is not sold alone. When added:

• The Google Ads account is opened in your name, with your card on file at Google for the ad budget. DVC is added as a manager. DVC never holds, routes or marks up ad spend; every dollar of budget goes from you to Google, and you can see every dollar in your own account at any time.
• The management fee is the fee shown on the Sign-Up Page, charged with your Program fee. It does not change with the budget. The starting budget is the amount you state at sign-up; you may raise or lower it on written notice.
• DVC builds the campaigns, optimizes them at least weekly, and reports spend, clicks, calls, form leads and cost per lead inside your monthly review, from the account itself.
• Advertising on any platform other than Google is not included.
• Management has its own ninety-day Initial Term from the date it is added and then runs month to month. Either of us may end management alone, or the Program alone, on thirty days' written notice under Section 5; ending one does not end the other. On ending, the account and its full history stay yours.
• Google's advertising policies, account actions and results are governed by Section 6.3. Ad results depend on budget, competition and season, and no result is promised.

Other services

Website design, hosting, and any one-time project DVC agrees to perform are quoted separately in writing. These Terms apply to that work. Unless the quote says otherwise: fifty percent of the quoted price is due on acceptance and the balance on delivery; ownership of the deliverable passes to you on payment in full; and hosting, where provided, runs month to month with thirty days' written notice to end.

Confidentiality

DVC keeps your business information, credentials, customer data and financial details confidential, uses them only to perform your Program, protects them with reasonable safeguards, and returns or deletes them on request and at the end of your Program. You keep DVC's methods, pricing of services not shown publicly, internal materials and proposals confidential. You may share your Scorecards and reports with your own staff and advisors. Neither of us is restricted from disclosing information that is public through no fault of our own, that we already knew, or that we must disclose by law. These obligations survive the end of your Program for three years, and for DVC's trade secrets for as long as they remain trade secrets.

Privacy, data and who does the work

DVC's Privacy Policy at digitalvisibilityconcepts.com/legal/privacy describes how DVC handles personal information and is part of these Terms. DVC uses employees and contractors, including offshore production staff, to deliver Programs. Each is bound by written confidentiality obligations consistent with Section 11, works under DVC's direction, and DVC remains responsible to you for the work. DVC does not sell your information and does not use your customer data for any purpose other than performing your Program.

Limits on liability

To the fullest extent the law allows: DVC's total liability to you for everything arising out of or relating to a Program Agreement and these Terms, in contract, tort or otherwise, is limited to the fees you paid DVC in the three months before the event giving rise to the claim. DVC is not liable for lost profits, lost revenue, lost business, lost data, or any indirect, consequential, special or punitive damage, even if advised of the possibility. Ad budget paid to Google is never included in any measure of DVC's liability. You agree that the fees reflect this allocation of risk and that DVC would not provide the services on these terms without it.

Indemnification

You will defend DVC, its officers, employees and contractors against, and pay any loss, damage, fine, settlement, judgment and reasonable attorney's fees arising from, any third-party claim based on: your products, services, business practices or prices; a fact or claim about your business that you supplied or confirmed and that was false or unlawful; content you directed DVC to publish; your breach of Section 7.3 or 7.7; or a review, customer communication or advertising practice of yours that violates the law. DVC will notify you promptly of any such claim and cooperate in the defense; DVC may participate with its own counsel at its own expense, and you will not settle a claim in a way that admits fault by DVC or binds DVC without DVC's written consent.

Disputes

15.1 Talk first

If either of us has a dispute, we tell the other in writing and the owners or senior managers of both businesses talk within fifteen business days to try to resolve it.

15.2 Florida law and Alachua County

Florida law governs these Terms and every Program Agreement, without regard to conflict-of-law rules. Any claim that is not resolved under Section 15.1 is brought only in the state or federal courts sitting in Alachua County, Florida, and each of us consents to their jurisdiction. The prevailing party in any action recovers its reasonable attorney's fees and costs.

15.3 Time limit

A claim arising out of or relating to a Program Agreement or these Terms must be brought within one year after it arises, or it is barred, except where the law does not allow that limit.

15.4 Injunctions

Either of us may seek an injunction in any court with jurisdiction to protect confidential information or intellectual property.

Communications and recording

You agree to receive communications about your Program, billing and account by email and telephone at the addresses and numbers you provide, and by text message only if you opt in. Market Reviews, Discovery Calls, kickoff calls and review calls held by video conference are recorded with notice given at the start of the meeting; the recording is a record of the meeting, is kept confidential under Section 11, and may be used by DVC to train its staff and to resolve any question about what was agreed. Outbound sales and courtesy calls are not recorded. DVC's business hours are 8:30 AM to 5:30 PM Eastern Time, Monday through Friday, excluding U.S. federal holidays. Written notice to DVC under these Terms goes to support@digitalvisibilityconcepts.com or to 300 E. University Ave., Suite 410, Gainesville, FL 32601, and to you at the email address on your Program Agreement.

General terms

• Independent contractor. DVC is an independent contractor. Neither of us is the other's partner, agent, employee or fiduciary, except for the limited agency in Section 3.
• Whole agreement. Your Program Agreement, these Terms and the Privacy Policy are the whole agreement between us about your Program and replace every earlier proposal, letter and conversation. Changes to your Program Agreement are made in writing and accepted by both of us; email counts.
• Changes to these Terms. DVC may update these Terms on thirty days' written notice to the email on your Program Agreement, with the updated version posted at digitalvisibilityconcepts.com/legal/terms. A change does not reduce what you have already paid for. If you do not accept a change, you may end your Program under Section 5.2 before it takes effect, and the Initial Term does not apply to that ending.
• Our people. During your Program and for twelve months after it ends, you will not hire or engage, directly or through another company, any DVC employee or contractor you dealt with through your Program, without DVC's written consent.
• Assignment. DVC may assign a Program Agreement to a successor to its business. You may assign yours to a buyer of your business on written notice.
• Force majeure. Neither of us is liable for delay caused by events beyond our reasonable control, including natural disaster, internet or platform outage, or government action; performance is suspended while the event lasts, and if it lasts more than sixty days either of us may end the Program without further obligation.
• Severability and waiver. If a provision is unenforceable, the rest stands and the provision is narrowed to the minimum needed to make it enforceable. A delay in enforcing a provision is not a waiver of it.
• Electronic records. Electronic signatures, click-through acceptance, typed names and recorded consent are valid and binding, and electronic copies are originals.
• Headings. Headings and the plain-words summary are for convenience and do not change the meaning of the numbered sections.

Acceptance

You accept these Terms by accepting a Program Agreement on the Sign-Up Page, by paying for any DVC service, by giving DVC access to a Client Account so that work can begin, or by signing any quote or agreement that refers to them. By accepting you confirm that you have read these Terms, had the chance to take advice on them, accept them voluntarily, and have authority to bind the business on whose behalf you accept.

End of Terms of Service. Questions about these Terms: support@digitalvisibilityconcepts.com · (888) 450-2878 · Brilliant Ideas Consulting, Inc., d/b/a Digital Visibility Concepts, 300 E. University Ave., Suite 410, Gainesville, FL 32601.