The agreement between Nfinity Digital LLC and the agencies, businesses, and individuals who use our website, CRM, and growth services.
These Terms of Service ("Terms") form a binding agreement between Nfinity Digital LLC ("Nfinity Digital," "we," "us," or "our") and the individual or entity that accesses or uses our website at nfinitydigital.com or any service we provide ("you" or "Client"). By visiting the site, requesting an audit, signing an order form, or paying an invoice, you agree to these Terms and to our Privacy Policy.
If you're entering into these Terms on behalf of a business, you represent that you have authority to bind that business.
Nfinity Digital provides a growth system for home care agencies. Depending on the plan you select, the services may include:
The specific deliverables, scope, and timeline for your engagement will be described in your order form, proposal, or written statement of work ("Order Form"). If anything in an Order Form conflicts with these Terms, the Order Form controls for that engagement.
You must be at least 18 years old and able to enter a contract under applicable law. You agree to provide accurate information, keep your account credentials secure, and notify us promptly of any unauthorized access. You are responsible for activity that occurs under your account.
Most engagements include a one-time setup fee plus a recurring monthly fee, both as stated in your Order Form. Unless your Order Form says otherwise:
You authorize us to charge the payment method on file for all amounts owed under your Order Form, and to use Stripe or another reputable processor to handle that charge.
Unless your Order Form says otherwise, every engagement begins with an initial term of 30 days from the service start date. After the initial term, the engagement automatically continues on a month-to-month basis until either party cancels under Section 06.
The 30-day initial term gives us time to launch the system and begin generating measurable results. During the initial term you may not cancel for convenience, though the cancellation right in Section 17 for material breach still applies.
After the initial term, you may cancel for any reason by sending written notice to arham@nfinitydigital.com at least 15 days before your next monthly billing date. Cancellation takes effect at the end of your current paid month — we won't pro-rate partial months.
On cancellation we will (a) export your CRM data on request, (b) hand off control of ad accounts and other assets that belong to you, and (c) stop running paid campaigns and AI follow-up on your behalf. We may continue to keep an archival copy of your data as described in our Privacy Policy.
Fees are generally non-refundable once paid. We review refund requests on a case-by-case basis at our reasonable discretion — for example, where we failed to deliver a clearly committed milestone in an Order Form. To request a refund, email arham@nfinitydigital.com with a description of the issue. We'll respond within 10 business days.
Our services use artificial intelligence, including large-language models from third-party providers (such as OpenAI or Anthropic), to draft, qualify, and send replies to leads on your behalf. You acknowledge that:
To get value out of the services, you agree to:
The Nfinity Digital platform, our underlying software, configurations, prompts, playbooks, training materials, dashboards, and the "Nfinity Digital" brand are owned by us or our licensors. Nothing in these Terms transfers ownership of our IP to you. We grant you a limited, non-exclusive, non-transferable license to use the services during your engagement.
You retain ownership of your brand assets, content, customer data, and any creative deliverables identified as yours in an Order Form (e.g. ad creative, website copy specific to your brand). You grant us a license to host, copy, modify, transmit, and display that material as needed to provide the services.
If you give us suggestions or feedback about the services, you grant us a perpetual, royalty-free license to use that feedback without obligation to you.
Each party may receive information that the other treats as confidential. The receiving party will use confidential information only to perform under these Terms, will protect it with at least the same care it uses for its own confidential information (and never less than reasonable care), and won't disclose it to third parties except to employees, contractors, and subprocessors under similar confidentiality obligations. This section doesn't restrict information that is public, independently developed, or required to be disclosed by law.
The services rely on third-party platforms — including the CRM platform, Twilio (SMS/voice), Stripe (payments), Calendly and Google Calendar (scheduling), an email provider, AI providers (e.g. OpenAI, Anthropic), and Meta and Google (advertising). Your use of those platforms through our services may be subject to their own terms and pricing. We're not responsible for outages, changes, or actions taken by third-party platforms, but we'll work in good faith to mitigate impact and find substitutes when needed.
For clients whose services require us to handle PHI under HIPAA, we will execute a Business Associate Agreement ("BAA") that controls over these Terms with respect to PHI. Without a signed BAA, you agree not to transmit PHI through our services and confirm that the data you and your leads send us (name, contact info, general inquiry context) is not PHI in your hands.
We warrant that we will provide the services with reasonable care and skill, consistent with industry standards for a home care growth and CRM provider.
Except as expressly stated above, the services are provided "as is" and "as available." We disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or trade. We don't warrant that the services will be uninterrupted, error-free, or will produce any specific level of leads, intakes, revenue, or other results.
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, or lost data, even if advised of the possibility.
Each party's total liability arising out of or relating to these Terms is capped at the fees you paid to us in the 12 months immediately preceding the event giving rise to the claim.
These limits don't apply to: (a) your obligation to pay fees; (b) either party's indemnification obligations; (c) either party's breach of confidentiality; or (d) liability that cannot be limited under applicable law.
You will defend, indemnify, and hold harmless Nfinity Digital, its affiliates, and their officers, directors, employees, and agents from any third-party claim arising out of: (a) content, data, or instructions you provide; (b) your use of the services in violation of these Terms or applicable law; (c) your agency's underlying services, advice, or care delivered to families and caregivers; and (d) your violation of any third party's rights, including intellectual-property and privacy rights.
We will defend, indemnify, and hold you harmless from any third-party claim that the Nfinity Digital platform, in the form we provide it and used as permitted by these Terms, infringes that party's US intellectual-property rights.
Either party may terminate these Terms immediately on written notice if the other party (a) materially breaches these Terms and fails to cure within 15 days of notice, (b) becomes insolvent, makes an assignment for the benefit of creditors, or is the subject of bankruptcy proceedings, or (c) engages in conduct that creates legal or reputational risk for the other party.
On termination, the licenses granted to you end, you'll stop using the services, and each party will return or destroy the other party's confidential information on request, except as needed for legal, audit, or backup purposes. Sections that by their nature should survive termination (e.g. fees owed, IP, confidentiality, disclaimers, liability limits, indemnification, governing law) will survive.
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to Section 19, the state and federal courts located in Harris County, Texas have exclusive jurisdiction over any dispute, and each party consents to personal jurisdiction and venue there.
The parties will first try in good faith to resolve any dispute through direct discussion between authorized representatives. If the dispute can't be resolved within 30 days, either party may submit it to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with a single arbitrator, in Houston, Texas. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
Either party may seek injunctive or other equitable relief in court to protect intellectual-property rights or confidential information without first using arbitration. Each party waives any right to participate in a class action or class arbitration.
We may update these Terms from time to time. We'll change the "Last updated" date and, for material changes, give reasonable advance notice (such as email to active clients). Your continued use of the services after the effective date means you accept the updates.
You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of substantially all our assets.
Neither party is liable for failure or delay caused by events beyond reasonable control — including natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecom outages, third-party platform outages, or government actions.
These Terms, together with any Order Form, BAA, and our Privacy Policy, are the entire agreement between the parties and supersede prior agreements on the same subject matter.
If any provision is held unenforceable, the rest stays in effect and the provision will be modified to the minimum extent needed to be enforceable. Failure to enforce a right doesn't waive it.
The parties are independent contractors. These Terms don't create a partnership, joint venture, agency, or employment relationship.
Unless you opt out in writing, you grant us permission to identify you as a client and display your name and logo on our website and in marketing materials.
Questions about these Terms?
Tell us a bit about your agency and we'll reach out within one business day to schedule your audit call.
Thanks — we'll be in touch within one business day to lock in your audit. Keep an eye on your inbox.