Terms and Conditions
Last updated: 11/18/25
Welcome to Mainstay Digital (Mainstay, we, our, or us). These Terms and Conditions (Terms) govern your access to and use of our website at mainstaydigital.com and any related content, media, or services we provide (collectively, the Services).
By accessing or using our Services, you agree to be bound by these Terms.
If you do not agree, do not use our Services.
1. Use of Our Services
You may use our Services only in accordance with these Terms and all applicable laws. You agree not to:
• Use the Services for any unlawful, fraudulent, or malicious purpose
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the security, functionality, or performance of the website
• Copy, scrape, or harvest content or data without permission
• Upload viruses, malware, or malicious code
• Use automated tools including bots, crawlers, or scripts without our written consent
We may suspend or terminate access to anyone violating these rules.
2. Intellectual Property
All content on our website including designs, text, images, graphics, videos, 3D assets, interactive media, trademarks, and software is the intellectual property of Mainstay Digital 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 your own non-commercial use only.
3. Client Content and Submissions
If you submit inquiries, project information, creative briefs, files, or other content to us (Client Content), you grant us the rights necessary to review, evaluate, and respond to your request.
You represent and warrant that:
• You own or have legal rights to provide such Client Content
• Your submission does not infringe third-party rights
• Your content complies with all applicable laws
We do not claim ownership of your proprietary project files unless otherwise agreed in a separate contract or services agreement.
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 is for general 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
We may use or integrate services provided by third parties, 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.
Your use of third-party tools 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.
We do not guarantee:
• Accuracy of website content
• Continuous or error free operation
• That the site will be free of malware or security vulnerabilities
• That results, outcomes, or performance will meet your 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, arising from your use of the Services, even if we have been advised of the possibility of such damages.
Our total liability for any claim arising from your use of the Services will not exceed 100 USD.
Some jurisdictions do not allow certain limitations. Only the permitted limitations will apply.
8. Indemnification
You agree to indemnify, defend, and hold harmless Mainstay Digital from any claims, liabilities, damages, losses, or expenses including attorneys 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
Your use of the Services is governed by our Privacy Policy, available at:
https://www.mainstaydigital.com/privacy-policy
Please review it carefully.
10. Termination
We may suspend or terminate your 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 the Services at any time.
11. Governing Law
These Terms are governed by the laws of the State of Texas, United States of America, without regard to conflict of law 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
We may update these Terms from time to time. Updates will be posted with a new Last Updated date. Your continued use of the Services constitutes acceptance of the updated Terms.
13. Contact Us
For questions about these Terms, please contact:
Mainstay Digital
operations@mainstaydigital.com
https://www.mainstaydigital.com
14. SMS Terms and Conditions
If you choose to receive SMS messages from Mainstay Digital, these Terms apply to your use of our SMS communication services. By opting in, you consent to receive text messages from us for purposes including customer care, scheduling, billing, updates, and marketing.
14.1 Consent to Receive Messages
By providing your mobile number and opting in, you authorize Mainstay Digital to send SMS messages to the number you supplied. You represent that you are the account holder or have permission to use the number. Phone numbers collected for SMS purposes will not be shared with third parties for their own marketing.
14.2 Types of SMS Messages
If you opt in, you may receive messages related to:
• Appointment reminders
• Scheduling and follow up
• Customer support
• Billing updates
• Promotions or offers
• Service notifications
• Project updates or instructions
Message frequency may vary.
14.3 Message and Data Rates
Your mobile carrier's message and data rates may apply. These charges vary depending on your carrier and whether messages are sent domestically or internationally. You are responsible for any fees associated with receiving SMS messages.
14.4 Opt In Methods
You may opt in to receive SMS messages through the following methods:
• Submitting an online form on our website
• Filling out a paper form
• Verbally providing consent during a conversation with a Mainstay Digital representative
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 us directly to request removal from our text messaging list. After you opt out, you may receive one confirmation message.
14.6 Help and Support
If you need assistance or experience issues with SMS messages, reply HELP to any message or contact us at:
https://www.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 together with our 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. Visit our Privacy Policy and Terms of Service at mainstaydigital.com for details.