Terms and Conditions
Effective Date: May 7, 2026 · Last Updated: May 7, 2026
These Terms and Conditions ("Terms") govern your access to and use of digitallynative.io and any messaging programs, websites, AI systems, or other services that Digitally Native, Inc. ("Digitally Native," "we," "us," or "our") provides, including services Digitally Native operates on behalf of clients (each, a "Client Program"). By accessing the site or using a Client Program, you agree to these Terms. If you do not agree, do not use the services.
1. Eligibility
You must be at least 13 years old to use this site. If you are using the site on behalf of a business, you represent that you have authority to bind that business.
2. Services
Digitally Native provides AI search visibility (Generative Engine Optimization), AI strategy, custom AI systems, fractional AI leadership, and related services for businesses. Specific scope, pricing, deliverables, and timelines for paid engagements are governed by a separate written services agreement between Digitally Native and the client. These Terms govern general site use and the standard terms of any messaging program operated by Digitally Native.
3. SMS / Text Messaging Program Terms
This section governs text messaging programs operated by Digitally Native, including programs operated on behalf of clients such as Brothers Daley restaurant (brothersdaley.com) and Charm Aviation (flycharmny.com). By opting in to a Digitally Native-operated SMS program, you agree to these Terms in addition to the program-specific disclosures provided at the point of opt-in.
Program description
SMS programs operated by Digitally Native are used to send appointment confirmations, missed-call follow-ups, booking reminders, customer service replies, transactional notifications, and, where separately opted in, marketing messages on behalf of the operating business.
Consent
You will only receive SMS or MMS messages from a Digitally Native-operated program after providing prior express consent. Methods of consent include submitting a phone number through a web form, replying to an inbound message, leaving a missed call to a tracked business number, or providing your phone number at a point of service. Consent to receive SMS messages is not a condition of any purchase.
Message frequency, fees, and content
Message frequency varies. Typical programs send between 1 and 10 messages per recipient per month, depending on your interactions with the operating business. Message and data rates may apply, depending on your mobile carrier and plan. Digitally Native and the operating business are not responsible for carrier charges.
Opt-out (STOP) and Help (HELP)
Reply STOP to any message at any time to opt out. After replying STOP, you will receive one confirmation message and will receive no further messages from that program. Reply HELP to any message for assistance, or email hello@digitallynative.io.
Carrier disclaimer
Carriers, including AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, U.S. Cellular, MetroPCS, and other major and minor U.S. wireless carriers, are not liable for delayed or undelivered messages.
Mobile information sharing restriction
Mobile information (including phone numbers and SMS opt-in records) collected through a Digitally Native-operated SMS program will not be shared, sold, rented, or transferred to third parties for marketing, promotional, or lead-generation purposes. Information may be shared with subprocessors only as needed to operate the messaging program (for example, the SMS gateway and CRM platform we use to deliver messages on behalf of the operating business). This restriction is not affected by other provisions of these Terms.
4. Acceptable Use
You agree not to:
- Use the site or any Client Program for any unlawful, fraudulent, or harmful purpose.
- Attempt to gain unauthorized access to systems, networks, or accounts.
- Interfere with the operation of the site or services, including by introducing malware or excessive automated traffic.
- Reproduce, copy, or scrape content for commercial use without our written permission, except as expressly permitted by law.
- Misrepresent your identity, opt in someone else's phone number, or use the messaging program to harass any person.
5. Intellectual Property
All content on digitallynative.io, including text, graphics, logos, images, and software, is the property of Digitally Native or its licensors and is protected by copyright, trademark, and other intellectual property laws. The Digitally Native name and logo are trademarks of Digitally Native, Inc. You may view and download materials for personal, non-commercial use only.
6. Third-Party Links and Services
The site and Client Programs may link to or integrate with third-party services. We do not control those services and are not responsible for their content, policies, or practices. Use of third-party services is governed by their own terms.
7. AI-Generated Content Disclaimer
Some interactions on Digitally Native-operated services involve AI-generated content. AI outputs are provided as-is and may contain errors. They are not legal, medical, financial, or other professional advice. Do not act on AI-generated content without independent verification appropriate to the context.
8. Disclaimers
The site and services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site or services will be uninterrupted, error-free, or secure.
9. Limitation of Liability
To the maximum extent permitted by law, Digitally Native and its officers, directors, employees, and agents will not be liable for indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the site or any Client Program. Our aggregate liability for any claim relating to these Terms or the site will not exceed one hundred dollars ($100) or the amount you paid Digitally Native in the twelve months preceding the claim, whichever is greater.
10. Indemnification
You agree to indemnify and hold harmless Digitally Native, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms or your misuse of the site or services.
11. Termination
We may suspend or terminate your access to the site or any Client Program at any time, with or without notice, for conduct we believe violates these Terms or harms other users, third parties, or our business interests.
12. Governing Law and Disputes
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the services will be brought exclusively in the state or federal courts located in Palm Beach County, Florida, and you consent to personal jurisdiction in those courts.
13. Changes to These Terms
We may update these Terms from time to time. The "Last Updated" date above reflects the latest version. Continued use of the site after changes are posted constitutes acceptance of the updated Terms.
14. Contact
Digitally Native, Inc.
Email: hello@digitallynative.io
Website: https://digitallynative.io