Terms of Service

MAND DIGITAL TERMS OF SERVICE Version 1.1

Last Updated: September 8, 2026

These Terms of Service (“Terms”) govern your access to and use of Mand Digital's websites, Client Portal, project management tools, digital services, and related services.

These Terms are provided by MAND INVEST 12003 WA LLC, a Florida limited liability company operating under the Mand Digital brand (“Mand Digital,” “we,” “us,” or “our”).

By creating an account, accessing or using the Client Portal, or affirmatively accepting these Terms, you agree to be bound by these Terms.

If you enter into a separate Project Agreement with Mand Digital, that Project Agreement will also apply to the applicable project.

This Version 1.1 replaces Version 1.0 for acceptances recorded on or after its effective date. A previously recorded acceptance continues to identify the version accepted at that time.

1. ELIGIBILITY AND AUTHORITY

You must be at least eighteen (18) years old and legally capable of entering into a binding agreement to use our services.

If you create an account, purchase services, accept an agreement, or otherwise act on behalf of a business, company, organization, or other entity, you represent that you have authority to act on behalf of and bind that entity.

You are responsible for providing accurate and current information when creating and maintaining your account.

2. CLIENT ACCOUNT

Certain Mand Digital services require a Client Portal account.

You are responsible for maintaining the confidentiality and security of your account credentials.

You must not share your password or allow another person to use your account credentials as though they were you.

You agree to promptly notify Mand Digital if you know or reasonably suspect that your account credentials have been lost, compromised, disclosed without authorization, or used without your permission.

Mand Digital implements reasonable technical and organizational measures intended to protect its systems and Client Portal. However, no internet-connected system or method of electronic storage can be guaranteed to be completely secure.

Your responsibility for protecting your own credentials is an important part of maintaining account security.

3. CLIENT PORTAL

The Client Portal may be used to manage aspects of your relationship with Mand Digital, including, as applicable:

• project information;
• project briefings;
• materials and uploads;
• payments;
• project status;
• previews;
• revision requests;
• approvals;
• website access information;
• support;
• agreements;
• notifications; and
• other project-related activities.

Information and actions recorded through your authenticated account may be associated with your project and account records.

You agree not to intentionally provide false, misleading, fraudulent, or unauthorized information through the Client Portal.

4. PROJECT AGREEMENTS

Website development projects and other applicable paid services may be subject to a separate Project Agreement.

The Project Agreement may contain project-specific terms concerning matters including:

• scope;
• pricing;
• initial payment;
• remaining balance;
• project commencement;
• briefing requirements;
• production timelines;
• previews;
• revisions;
• cancellation;
• refunds;
• Client inactivity;
• final review, approval, and any applicable review period;
• publication;
• ownership;
• Client-provided materials;
• third-party services; and
• other project-specific conditions.

Before a payment requiring a Project Agreement is initiated, Mand Digital may require you to review and affirmatively accept the applicable Project Agreement.

If there is a direct conflict between these Terms and an applicable Project Agreement regarding a project-specific matter, the Project Agreement will control with respect to that matter.

5. PRICING AND PAYMENTS

Prices and payment requirements applicable to a particular service will be presented through the applicable order, Client Portal, Project Agreement, or other authorized Mand Digital purchasing process.

You are responsible for reviewing applicable pricing and payment terms before authorizing payment.

Mand Digital may use third-party payment processors and may also make other authorized payment methods available.

Your use of a third-party payment service may also be subject to that provider's applicable terms and privacy practices.

Mand Digital does not require publication, transfer, final delivery, or continuation of services where a required payment remains outstanding, subject to the applicable Project Agreement and applicable law.

6. TAXES

Fees quoted or presented by Mand Digital do not include sales, use, excise, gross receipts, or similar transaction taxes that Mand Digital may be legally required to collect.

If Mand Digital is legally required to collect an applicable tax on a transaction, that amount may be added to the amount due and identified separately where reasonably practicable.

Each party remains responsible for its own income taxes and for taxes based on its own net income.

If you are exempt from an applicable transaction tax, you are responsible for providing valid exemption documentation before payment.

Nothing in this Section changes the price of a service that has already been presented and accepted, except to the extent a tax is legally required to be collected on that transaction.

7. CANCELLATIONS AND REFUNDS

Cancellation and refund rights for a specific project are governed by the applicable Project Agreement, order terms, and applicable law.

Where a Project Agreement establishes specific cancellation or refund conditions, those conditions form part of the Client's agreement with Mand Digital.

Nothing in these Terms is intended to eliminate any right that cannot legally be waived.

8. CLIENT RESPONSIBILITIES

You agree to reasonably cooperate with Mand Digital in connection with services you purchase.

Depending on the project, this may include providing timely:

• information;
• content;
• materials;
• feedback;
• approvals;
• access;
• decisions;
• payments; and
• other items reasonably necessary to perform the agreed services.

You are responsible for the accuracy of information you provide.

Client-caused delays may affect project schedules as provided in the applicable Project Agreement.

9. CLIENT CONTENT AND INTELLECTUAL PROPERTY

You retain your ownership rights in original content and materials that you provide to Mand Digital, subject to any rights you grant us as necessary to perform the requested services.

By submitting or providing content, photographs, logos, trademarks, text, videos, business information, or other materials for use in a project, you represent that you have the rights, permissions, licenses, and authority necessary to provide and authorize the use of those materials.

You grant Mand Digital a limited right to access, reproduce, modify, process, display, and otherwise use those materials as reasonably necessary to provide the services you requested.

You are responsible for Client-provided materials and for claims or instructions concerning your business.

Mand Digital may decline to use material that we reasonably believe may be unlawful, fraudulent, infringing, malicious, or otherwise inappropriate for the requested service.

Additional project-specific intellectual property and ownership terms may be contained in your Project Agreement.

10. CLIENT REPRESENTATIONS AND INDEMNIFICATION

You represent and warrant that you own, or have obtained, all rights, licenses, permissions, releases, and authorizations necessary for Mand Digital to use, reproduce, modify, publish, and display everything you supply, approve, or specifically instruct Mand Digital to use, including:

• photographs and images;
• logos and brand assets;
• trademarks, service marks, and trade names;
• videos and audio;
• text and written content;
• testimonials, reviews, and quotations;
• fonts, icons, illustrations, and other creative assets;
• statements and claims about your business, services, pricing, licenses, certifications, or qualifications; and
• any other content or instruction you supply or specifically require.

You further represent that the content and claims you supply are accurate, are not misleading, and comply with applicable law and applicable advertising and industry rules for your business.

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Mand Digital and its members, managers, officers, employees, and contractors from and against third-party claims, demands, proceedings, damages, liabilities, judgments, settlements, and reasonable attorneys' fees and costs, to the extent arising out of or relating to:

• content or materials you supplied or approved;
• an instruction you specifically required Mand Digital to follow;
• a claim that content or materials you supplied infringe or misappropriate a third party's copyright, trademark, publicity, privacy, or other rights;
• a claim that a statement about your business, services, or qualifications was false, misleading, unauthorized, or unlawful; or
• your violation of applicable law in connection with the project.

This obligation does not apply to the extent a claim arises from Mand Digital's own gross negligence, willful misconduct, or fraud, or from material that Mand Digital independently originated without relying on Client-supplied content or Client instruction.

Mand Digital will provide you with reasonably prompt notice of a claim for which indemnification is sought, will reasonably cooperate at your expense, and may participate in the defense with counsel of its own choosing at its own expense. You will not settle a claim in a manner that imposes an obligation or admission on Mand Digital without Mand Digital's prior written consent, which will not be unreasonably withheld.

Nothing in this Section requires a party to indemnify another party for a liability that applicable law does not permit to be indemnified.

11. MAND DIGITAL MATERIALS

Except for Client-specific deliverables transferred pursuant to an applicable Project Agreement, Mand Digital retains its rights in its pre-existing and reusable materials, including, as applicable:

• tools;
• systems;
• processes;
• methodologies;
• know-how;
• reusable code;
• frameworks;
• generic components;
• templates;
• internal documentation; and
• other materials not created exclusively for a particular Client.

Third-party and open-source materials remain subject to their applicable ownership and licensing terms.

12. PORTFOLIO AND PROMOTIONAL USE

Mand Digital may identify a Client as a Mand Digital client and may reference completed work that has been published or is otherwise already public.

For that purpose, you grant Mand Digital a non-exclusive, royalty-free right to use, reproduce, and display:

• your business name;
• your publicly used logo and brand marks, presented in a manner that identifies you as the owner;
• screenshots and images of the delivered website as published;
• images and content already publicly displayed on the delivered website;
• the public website address; and
• a factual description of the work Mand Digital performed.

That material may be used in Mand Digital's portfolio, case studies, website, social media accounts, presentations, proposals, award or directory submissions, and other marketing materials.

This permission does NOT include, and Mand Digital will not publish without your separate written permission:

• your revenue, sales, or financial figures;
• lead volume, call volume, conversion data, or other performance metrics;
• private or confidential business information;
• unpublished materials, drafts, or private preview versions;
• private correspondence between you and Mand Digital;
• credentials, passwords, or access information; or
• a testimonial, quotation, or endorsement that you did not actually provide.

Opt-out. You may withdraw this permission at any time by sending a written request to legal@manddigital.com identifying your business and project. Following a valid request, Mand Digital will stop using the project in new promotional materials and will remove the project from Mand Digital's own website and social media accounts within a reasonable period, not to exceed thirty (30) days.

Withdrawal applies to future promotional use. It does not require Mand Digital to:

• delete internal project files, records, or backups that Mand Digital reasonably retains for legal, accounting, security, contractual, or compliance purposes;
• recall printed materials already distributed;
• remove material already published by an independent third party, an archive, a search engine cache, or a platform outside Mand Digital's control; or
• alter historical records of the engagement.

Your logo and brand marks remain yours. Nothing in this Section transfers ownership of your intellectual property to Mand Digital.

13. CONFIDENTIALITY

Each party may receive non-public information from the other party in connection with the relationship (“Confidential Information”).

For the Client, Confidential Information may include non-public business plans, pricing, customer information, strategies, unpublished materials, and access information shared for the purpose of performing the project.

For Mand Digital, Confidential Information may include non-public processes, methodologies, internal tools, pricing structures, proposals, and internal documentation.

Each party agrees to:

• use the other party's Confidential Information only as reasonably necessary to perform, receive, or administer the services;
• protect it using at least the same degree of care it uses for its own confidential information of similar importance, and in no event less than reasonable care; and
• limit access to personnel and contractors who need it for that purpose and who are bound by confidentiality obligations at least as protective as this Section.

Confidential Information does not include information that:

• is or becomes public through no breach of this Section;
• was lawfully known to the receiving party before disclosure;
• is independently developed without use of the disclosing party's Confidential Information; or
• is lawfully received from a third party without a confidentiality obligation.

A party may disclose Confidential Information where required by law, regulation, subpoena, court order, or other valid legal process, or where reasonably necessary to establish, exercise, or defend a legal claim. Where legally permitted and reasonably practicable, the disclosing party will be given notice so it may seek protective treatment.

This Section does not restrict Mand Digital's portfolio and promotional use of already-public work as described in Section 12, and does not restrict either party's use of general skills, knowledge, and experience.

14. PROHIBITED USE

You may not use Mand Digital's websites, Client Portal, systems, or services to:

• violate applicable law;
• infringe intellectual property or other third-party rights;
• submit knowingly fraudulent or materially misleading information;
• distribute malware or malicious code;
• attempt to gain unauthorized access to accounts, systems, data, or infrastructure;
• probe, scan, or test system vulnerabilities without written authorization;
• circumvent authentication, access controls, security controls, or usage restrictions;
• interfere with or disrupt our systems or services;
• impersonate another person or entity;
• use another person's credentials without authorization;
• engage in fraud, abuse, harassment, or unlawful activity;
• attempt to extract or obtain confidential information without authorization;
• use automated methods in a manner that materially interferes with the operation of the service; or
• assist another person in doing any of the above.

Nothing in this Section is intended to prohibit lawful security research that Mand Digital has expressly authorized in writing.

15. SUSPENSION AND RESTRICTION

Mand Digital may reasonably suspend, restrict, or protect access to an account, project, or service when we reasonably believe doing so is necessary because of:

• suspected fraud;
• unauthorized account access;
• a security threat;
• malicious activity;
• material violation of these Terms;
• material violation of an applicable Project Agreement;
• unlawful activity;
• a payment dispute or chargeback affecting unfinished services;
• nonpayment where payment is required to continue;
• abuse of the Client Portal or Mand Digital systems; or
• a legal or regulatory requirement.

Where reasonably practicable and appropriate, Mand Digital may provide notice regarding a suspension or restriction.

Security-related restrictions may be implemented without advance notice when immediate action is reasonably necessary to protect accounts, data, systems, Mand Digital, Clients, or third parties.

Suspension of portal access does not by itself erase historical agreements, payment obligations, ownership rights already transferred, or other rights and obligations that survive under applicable agreements or law.

16. ELECTRONIC COMMUNICATIONS

You agree that Mand Digital may communicate with you electronically regarding your account, project, payments, security, approvals, support, agreements, and services.

Communications may be delivered through:

• the Client Portal;
• email; or
• another electronic method reasonably associated with the service.

You are responsible for maintaining an accurate and functioning email address associated with your account.

You are encouraged to add:

notifications@manddigital.com

to your contacts or safe-sender list to help prevent important project communications from being filtered as spam or junk.

Because important project actions and information may also be available in the Client Portal, you are responsible for reasonably monitoring your Client Portal while you have an active project or unresolved action requiring your attention.

Electronic service communications are different from promotional marketing communications. Agreement to receive necessary transactional or project communications does not by itself constitute consent to receive marketing communications where separate consent is required by law.

17. ELECTRONIC RECORDS AND ACCEPTANCE

Mand Digital may use electronic records and electronic acceptance processes in connection with its services.

Where affirmative acceptance is required, you may be asked to select an unchecked checkbox, click an acceptance button, or take another affirmative electronic action indicating agreement.

Mand Digital may retain reasonable evidence associated with electronic acceptance, which may include:

• the document accepted;
• document type;
• document version;
• document integrity or hash information;
• the acceptance language presented;
• date and time of acceptance;
• account, Client, or project identifiers;
• the page or process through which acceptance occurred;
• acceptance method;
• IP address;
• user-agent or similar technical information; and
• other reasonable evidence necessary to document the transaction.

Where a Project Agreement provides that a website may be treated as accepted after a stated review period has passed without a response, Mand Digital will record that event separately and will identify it as an acceptance arising from the passage of the review period rather than as an affirmative act by the Client. Records of that kind will not represent that the Client performed a review, confirmed a checklist, or clicked an approval.

Electronic records may be retained to document agreements, transactions, approvals, and other legally or operationally significant actions.

Where appropriate, applicable accepted agreements will remain reasonably accessible to the Client electronically.

18. PRIVACY

Our collection, use, storage, disclosure, and protection of personal information are described in the Mand Digital Privacy Policy.

The Privacy Policy is incorporated by reference into these Terms where applicable.

You should review the Privacy Policy before using the Client Portal or submitting personal information.

19. THIRD-PARTY SERVICES

Mand Digital's services may interact with or depend upon third-party services, including hosting providers, domain registrars, payment processors, email providers, infrastructure providers, analytics services, APIs, or other technology providers.

Mand Digital does not control third-party services.

Third-party services may be subject to their own:

• terms;
• privacy policies;
• pricing;
• availability;
• security practices;
• technical limitations; and
• service changes.

Mand Digital is not responsible for third-party outages, interruptions, suspensions, pricing changes, policy changes, or other matters outside Mand Digital's reasonable control.

20. HOSTING AND DOMAIN SERVICES

Unless Mand Digital expressly agrees otherwise in writing, Mand Digital is not the provider of the Client's web hosting, domain registration, DNS service, or other independently purchased infrastructure.

When you purchase hosting, domains, or similar services directly from a third-party provider, those accounts remain yours and are subject to the applicable provider's terms.

Mand Digital may recommend third-party providers.

Some recommendations may use referral links.

Where a referral link is used, Mand Digital may receive a referral benefit or compensation as a result of an eligible transaction, without changing the price or benefit represented to you except as disclosed in connection with the applicable offer.

You are not required to use a recommended provider unless a particular technical requirement has been expressly agreed to for the project.

21. SERVICE AVAILABILITY

Mand Digital works to maintain reasonable availability of its systems and services but does not guarantee uninterrupted or error-free access to the Client Portal or other online systems.

Temporary interruptions may occur because of:

• maintenance;
• updates;
• infrastructure issues;
• internet failures;
• third-party outages;
• security incidents;
• emergencies; or
• circumstances outside Mand Digital's reasonable control.

Mand Digital may modify, maintain, repair, or update its systems as reasonably necessary.

22. ACCESSIBILITY

Mand Digital aims to apply reasonable and generally accepted web development practices, including accessibility practices that are reasonable for the agreed scope of the project.

Unless expressly agreed in writing as part of the project scope, a standard Mand Digital website project does NOT include:

• a formal accessibility audit or assessment;
• remediation to a specific accessibility standard;
• certification, attestation, or a statement of conformance under the Americans with Disabilities Act (ADA), Section 508, EN 301 549, or a similar law or standard;
• certification or guaranteed conformance with the Web Content Accessibility Guidelines (WCAG) at any level;
• assistive-technology compatibility testing across devices, browsers, or assistive software;
• an accessibility statement, VPAT, or conformance report; or
• ongoing accessibility monitoring, testing, or remediation after delivery.

Conformance with a specific accessibility standard, and any associated auditing, remediation, or monitoring, is available as separately scoped and separately priced work and becomes part of a project only when expressly agreed in writing.

Nothing in this Section states or implies that accessibility law does not apply to the Client or to the Client's website, and nothing in this Section is a legal opinion about the Client's obligations. Legal obligations concerning accessibility depend on the Client's business, jurisdiction, and circumstances, and the Client is responsible for determining, with its own advisors, what applies to it.

Content, media, documents, plugins, embedded third-party components, and changes added by the Client or by a third party after delivery can affect accessibility and are outside Mand Digital's control.

23. WEBSITE RESULTS AND PERFORMANCE

Unless expressly stated otherwise in a written agreement, Mand Digital does not guarantee any particular:

• search-engine ranking;
• website traffic level;
• advertising result;
• number of leads;
• number of calls;
• number of customers;
• sales volume;
• revenue;
• profitability; or
• business outcome.

Business results depend on numerous factors outside Mand Digital's control.

24. FINAL APPROVAL AND POST-DELIVERY MATTERS

Project-specific final review, testing, approval, any applicable review period, delivery, publication, ownership, and post-delivery responsibilities are governed by the applicable Project Agreement.

Where a Client is given an opportunity to inspect and test a website before final approval, the Client is responsible for performing a reasonable review before providing final acceptance and within any applicable review period.

Mand Digital is not responsible for later problems caused by Client or third-party modifications, hosting failures, domain or DNS changes, credential changes, third-party service changes, or other circumstances outside Mand Digital's reasonable control, subject to applicable law and the applicable Project Agreement.

25. SUPPORT AND MAINTENANCE

Purchase of a website project does not automatically create an indefinite maintenance, monitoring, hosting, update, repair, or support obligation.

Any ongoing service is subject to the scope, pricing, duration, and conditions applicable to that service.

An applicable Project Agreement may include a limited, time-bound correction period for reproducible defects in the work Mand Digital delivered. That period is limited to what the Project Agreement describes and does not create an ongoing maintenance, monitoring, or support arrangement.

Mand Digital may provide support tools or communication channels without thereby creating an unlimited ongoing maintenance obligation.

26. DISCLAIMER

To the maximum extent permitted by applicable law, Mand Digital's services are provided according to the scope expressly agreed with the Client.

Except for warranties or obligations expressly provided in an applicable written agreement or required by law, Mand Digital disclaims warranties that may otherwise be excluded under applicable law.

Nothing in these Terms excludes warranties, duties, or rights that applicable law does not permit the parties to exclude.

27. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Mand Digital's aggregate liability arising out of or relating to the services, Client Portal, or an applicable project will not exceed the amount actually paid by the Client to Mand Digital for the specific service or project giving rise to the claim.

To the maximum extent permitted by applicable law, Mand Digital will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including:

• lost profits;
• lost revenue;
• lost leads;
• lost business opportunities;
• loss of goodwill; or
• other consequential business losses.

These limitations do not apply to the extent applicable law prohibits the limitation or exclusion.

Where a Project Agreement contains a more specific limitation applicable to the project, that provision will also apply.

28. PAYMENT DISPUTES

If you believe there is an error or dispute regarding a Mand Digital payment, you are encouraged to contact Mand Digital promptly so that we have a reasonable opportunity to investigate and attempt to resolve the issue.

A chargeback or payment dispute does not automatically modify contractual payment, cancellation, or refund terms.

Mand Digital may suspend unfinished work, publication, transfer, or delivery during a pending payment dispute where permitted by applicable law and applicable payment-network requirements.

Mand Digital may provide relevant transaction, agreement, acceptance, project, approval, and delivery records to an authorized payment processor, financial institution, card network, or dispute-resolution provider when reasonably necessary to respond to a payment dispute.

Nothing in this Section limits rights that cannot legally be waived.

29. FORCE MAJEURE

Neither party will be liable for a failure or delay in performance to the extent caused by an event beyond that party's reasonable control, including:

• natural disaster, severe weather, flood, fire, or earthquake;
• epidemic, pandemic, or public-health emergency;
• war, civil unrest, terrorism, or sabotage;
• government action, order, embargo, or change of law;
• labor disruption not caused by the affected party;
• failure, outage, suspension, or discontinuation of a hosting provider, domain registrar, DNS provider, payment processor, email provider, infrastructure provider, or other third-party service;
• widespread internet, telecommunications, or power failure; or
• a cyberattack, denial-of-service attack, or security incident not caused by the affected party's failure to use reasonable measures.

The affected party will give notice as soon as reasonably practicable and will use reasonable efforts to resume performance. Performance of the affected obligation is suspended for the duration of the event and applicable timelines are extended accordingly.

This Section does not excuse an obligation to pay amounts already due for services already performed.

If an event continues for more than sixty (60) consecutive days, either party may terminate the affected engagement on written notice, subject to the payment, cancellation, and refund terms of the applicable Project Agreement and applicable law.

30. ASSIGNMENT

You may not assign or transfer these Terms, an applicable Project Agreement, or any rights or obligations under them, whether by operation of law or otherwise, without Mand Digital's prior written consent, which will not be unreasonably withheld.

Mand Digital may assign or transfer these Terms and an applicable Project Agreement, in whole or in part, to an affiliate, to a successor in interest, or in connection with a merger, acquisition, reorganization, financing, or sale of all or substantially all of the applicable business or assets, to the extent permitted by applicable law.

Mand Digital may use qualified subcontractors to perform parts of the services and remains responsible for work performed on its behalf.

An attempted assignment in violation of this Section is void. These Terms bind and benefit the parties and their permitted successors and assigns.

31. NOTICES

Formal legal notices under these Terms or an applicable Project Agreement — including notices of breach, indemnification, termination, assignment, or dispute — must be in writing and are effective when sent to:

MAND INVEST 12003 WA LLC Operating under the Mand Digital brand Email: legal@manddigital.com

Formal legal notices to the Client are effective when sent to the email address associated with the Client's account or to another address the Client has designated in writing for that purpose.

A notice sent by email is deemed given on the day it is sent if sent on a business day before 5:00 p.m. Eastern Time, and otherwise on the next business day, provided the sender does not receive a bounce or delivery-failure message.

Ordinary transactional, project, and support communications — including Client Portal notifications and messages sent from notifications@manddigital.com — are operational communications and are not formal legal notices under this Section. Sending or receiving an operational communication does not satisfy a formal notice requirement, and a formal notice sent to a support channel is not effective under this Section.

Either party may change its notice address by giving notice under this Section.

32. TERMINATION OF USE

You may stop using the Client Portal when you no longer require access, subject to any continuing obligations under an applicable Project Agreement or other agreement.

Mand Digital may terminate or restrict access where permitted by these Terms, an applicable agreement, or law.

Termination of portal access does not automatically cancel:

• an active Project Agreement;
• an outstanding payment obligation;
• a previously accrued right;
• an applicable intellectual property provision;
• a confidentiality or security obligation;
• an indemnification obligation;
• a dispute-related obligation; or
• another provision intended by its nature to survive termination.

33. CHANGES TO THESE TERMS

Mand Digital may update these Terms from time to time.

Updated Terms will be identified by an updated version or effective date.

Mand Digital will not silently rewrite the historical version of Terms previously recorded as accepted by a Client.

Where a material change requires renewed acceptance for an existing relationship or transaction, Mand Digital may present the updated Terms for affirmative acceptance before the applicable service or action continues.

Historical acceptance records may continue to identify the specific version accepted at the applicable time.

34. GOVERNING LAW

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where applicable federal law controls.

35. VENUE

To the extent permitted by applicable law, any judicial proceeding arising out of or relating to these Terms or Mand Digital's services will be brought in a court of competent jurisdiction located in Orange County, Florida.

The parties consent to such jurisdiction and venue.

36. SEVERABILITY

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.

37. NO WAIVER

Mand Digital's failure to enforce a provision on one occasion does not waive the right to enforce that provision or another provision later.

38. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE

These Terms, together with applicable Project Agreements, accepted orders, and policies expressly incorporated into the applicable transaction, constitute the agreement concerning their respective subject matter.

For project-specific matters, an applicable Project Agreement controls over conflicting general provisions in these Terms.

Nothing in marketing materials, informal discussions, emails, or other communications modifies an applicable agreement unless the modification is authorized and agreed through an appropriate written or electronic process.

39. LEGAL CONTACT

Questions concerning these Terms or legal notices concerning Mand Digital may be directed to:

MAND INVEST 12003 WA LLC Operating under the Mand Digital brand

Email: legal@manddigital.com

Transactional and project notifications may be sent from:

notifications@manddigital.com

Clients are encouraged to add the notification address to their contacts or safe-sender list.

ACCEPTANCE

When creating a Mand Digital account, the Client may be required to affirmatively select:

“I agree to the Terms of Service and Privacy Policy and consent to conduct this transaction electronically.”

The checkbox must not be preselected.

The Client's affirmative acceptance may be recorded electronically as described in these Terms.