97Display Terms of Service Agreement
This Terms of Service Agreement (“Agreement”) is entered into as of the Effective Date by and between 97Display, LLC, a North Carolina limited liability company (“Company”), and the undersigned customer (“Customer”).
1. Services
The Company provides access to its GrowthIQ Platform and related digital marketing services, which may include AI-driven websites, lead generation, automation tools, paid ads management, and ongoing support (collectively, the “Services”). Customer is granted a non-exclusive, non-transferable license to access and use the Services during the term, subject to this Agreement. All websites, templates, platform features, and proprietary technology remain the sole property of Company.
2. Term & Renewal
All new website engagements require a 12-month contract (a 6-month term may be approved only with written management approval). After the initial term, the Agreement auto renews unless terminated with proper 60 day notice.
3. Cancellation & Notice
Customer may cancel Services by providing 60 days’ written notice after their contract expires via an exit interview with the Company’s Offboarding Specialist. Customer remains responsible for payments during the 60-day notice period.
4. Payment
Fees commence on the Effective Date and are billed monthly via credit card, ACH, or other approved method. Onboarding fees (if applicable) are due at the start of the Agreement. Failure to pay constitutes a material breach and may result in suspension or termination of Services. For current pricing, contact sales@97display.com. Customer may request a pricing tier change once annually (subject to availability and approval).
5. Support & Communication
Standard support is provided via email, portal, or phone. SMS/text support is available only if Customer opts in and is not used for promotions. Customer may opt in/out at any time.
6. Ownership of Work Product
All websites, templates, platform tools, and content created or provided by Company remain Company property. Unauthorized copying/transfer to third parties may result in reactivation or continuation fees. Nothing herein limits Company’s rights at law or in equity.
7. Confidentiality
Each party shall keep the other party’s Confidential Information confidential and not disclose it to third parties, except as permitted herein. This obligation survives termination.
8. Warranties & Disclaimer
Company warrants Services will be delivered in a professional manner and perform materially as described. EXCEPT AS STATED, SERVICES ARE PROVIDED “AS IS.” Company disclaims all implied warranties, including merchantability, fitness for a particular purpose, and uninterrupted or error-free operation.
9. Limitation of Liability
Neither party is liable for indirect, incidental, consequential, special, or punitive damages. Company’s aggregate liability shall not exceed fees paid by Customer to Company in the preceding 12 months.
10. Termination for Cause
Either party may terminate for material breach with thirty (30) days’ written notice if uncured. Either party may terminate immediately upon insolvency/bankruptcy or cessation of business by the other party.
11. Force Majeure
A party is excused from performance (other than payment obligations) for events beyond its reasonable control, provided it uses reasonable efforts to mitigate and promptly notifies the other party.
12. Dispute Resolution
Disputes will be resolved by binding arbitration under AAA Commercial Rules. Judgment on the award may be entered in any court of competent jurisdiction.
13. Assignment
Customer may not assign this Agreement without Company’s prior written consent. Company may assign to affiliates or a successor (including by merger or asset sale).
14. Notices
Notices are deemed given upon personal delivery or 48 hours after mailing first-class, postage prepaid, to:
Company: 97Display, LLC, 3610 Healy Drive, Suite 210, Winston-Salem, NC 27103
Customer: The address on Customer’s account (or as otherwise designated in writing).
15. Governing Law
This Agreement is governed by the laws of the State of North Carolina.
16. Entire Agreement; Amendments
This Agreement, together with any SLA/MSA and incorporated exhibits, constitutes the entire agreement and supersedes prior agreements on the subject matter. Amendments must be in writing and signed by both parties.
17. Severability; No Waiver
If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver of future enforcement.
18. Further Assurances
Each party will execute documents and take actions reasonably necessary to carry out this Agreement.