Terms of Service and T&C

Terms of Service

Digital Domination LLC

For clients established outside the EU, the EEA, the UK and Switzerland. Governed by Minnesota law. This English version is the original.

As of: October 18, 2026

This is the Rest-of-World version of our Terms of Service, governed by Minnesota law. This English version is the original and authoritative version; any translation is provided for convenience only.

1. Scope and parties

1.1 These Terms of Service (the “Terms”) govern all contracts between Digital Domination LLC, a Minnesota limited liability company at 523 Jackson Street, Unit #210, Saint Paul, Minnesota 55101, USA, registered with the Minnesota Secretary of State under file number 1644311400023 (“Provider,” “Digital Domination,” “we,” or “us”), and its clients (“Client,” “you,” or “your”) established outside the European Union, the European Economic Area, the United Kingdom and Switzerland. Clients established there are served under our German-law T&C.

1.2 Our offerings are addressed exclusively to business and institutional clients: companies, sole proprietors acting in a business capacity, public bodies (such as schools and agencies), nonprofits (such as associations and foundations), and other organizations. We do not contract with consumers, meaning individuals acting for personal, family, or household purposes. By placing an order, you confirm that you are not acting as a consumer.

1.3 If your purchase order or onboarding documents contain conflicting, deviating, or supplementary terms, those terms do not become part of our contract unless we expressly agree to them in writing (email is fine). This applies even if we begin work without objecting to them.

1.4 Individual agreements made for a specific engagement prevail over these Terms: a Statement of Work that is signed or accepted by order and payment, together with the agreement it belongs to, a signed Master Services Agreement, or a signed amendment.

1.5 This version applies to contracts formed on or after October 18, 2026; contracts formed before that date remain subject to the terms agreed when they were formed.

2. What we offer

2.1 Digital Domination provides services around websites and their visibility in search engines and AI answer systems, in particular:

• analyses and audits, for example of a website’s visibility in AI answers and search engines;
• implementation work at a fixed price, for example Fix Packs and sprints;
• ongoing services, for example managed visibility, hosting, and Website Maintenance;
• website builds and individually agreed services.

2.2 The type, scope, timing, and price of a service follow from the Statement of Work agreed for it, the agreement it belongs to, or the individual proposal you accepted (together, the “Statement of Work” in these Terms). Descriptions on our website are for information; the Statement of Work controls.

2.3 AI Visibility Audit. The AI Visibility Audit is a diagnosis with recommendations, checked and signed off by our team. Its scope, process, and delivery follow its Statement of Work. We deliver the PDF report and the one-page action list by email within 2 business days of the completed intake form; the Statement of Work determines when the form is complete and when the period starts (Section 5.2).

2.4 No success or outcome guarantee. We owe the services described in the Statement of Work, but no further outcome, such as particular search rankings, mentions or citations in AI answer systems, a particular number of visits, inquiries, or sales, or third parties applying requested corrections or granting access. Whether and how search engines, AI answer systems, directories, and collaboratively maintained knowledge sources present you is decided solely by their operators; it’s outside our control.

2.5 Not legal advice. Notes on legal pages, consent, accessibility, or other legal topics, for example in a hygiene checklist, are not legal advice, and we do not act as your lawyer. Whether and how to act is your decision, with advice from a qualified attorney where needed.

3. How a contract gets formed

3.1 The presentation of our services on our website or in any other public source is not a binding offer—it’s an invitation for you to make an offer.

3.2 Ordering online. In the order form on our website, we show you the documents that become part of the contract, for example the Statement of Work, these Terms, and any annex. You sign them electronically by typing your full name and confirming the signature in the confirmation box. That electronic signature is binding under the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and the Minnesota Uniform Electronic Transactions Act (Minn. Stat. ch. 325L); no handwritten signature is needed. We email you a PDF copy of what you signed. If you order or sign for an organization, you confirm that you’re authorized to bind it.

3.3 When the contract is formed. The contract is formed as the Statement of Work provides, in particular:

• when you pay the amount due at ordering through Stripe, after signing in the order form, for example for an audit, a sprint, or a monthly service;
• for services whose scope we confirm before payment, such as the Fix Pack: when you pay through the payment link we send with our written confirmation (email is fine). Until then, your request doesn’t bind you. The contract covers the Statement of Work with the scope we confirmed;
• on signing in the order form, where the agreement makes that online signature the formation of the contract;
• when you accept an individual proposal in writing (email is fine), including by electronic signature.

If the Statement of Work says nothing on this, the contract is formed by our written order confirmation or when we begin performance. If a payment the formation of the contract depends on isn’t made, no contract is formed.

3.4 After the contract is formed, you’ll receive a confirmation by email containing the essential contract data.

4. Prices, payment, and tax

4.1 All prices are net of tax, in the currency stated in the Statement of Work or the order form.

4.2 Sales tax. As of today, what we do (software development, website creation, audits and recommendation reports, configuration and implementation work, ongoing maintenance and visibility services) is classified as a nontaxable service in Minnesota under Minn. Stat. § 297A.61 et seq. (see Minnesota Department of Revenue Sales Tax Fact Sheet 134). So we don’t add Minnesota sales tax. If a tax authority later reclassifies any part of the work as taxable, or if another jurisdiction imposes a tax on it, you cover that—we’ll bill you for any tax we’re required to collect.

4.3 You’re responsible for providing the data we need to issue a proper invoice when you place the order, in particular legal name, full address, and any tax-identification information your jurisdiction requires. Tell us promptly in writing (email is fine) if any of it changes.

4.4 Payment. Unless the Statement of Work or a separate agreement provides otherwise, you pay by card through Stripe. Other payment methods, such as ACH or a bank transfer against an invoice, apply only by separate agreement. Standard services with a fixed scope, such as an audit or a Fix Pack, are paid in advance; we begin performance once payment is received. You receive an invoice for every payment.

4.5 For project contracts (such as sprints, website builds, and individually agreed services), unless the Statement of Work provides otherwise, the payment structure is: 50% on signing, 50% on acceptance or delivery. Invoices not paid when ordering are due net 14 days from receipt, unless the Statement of Work provides otherwise.

4.6 Late payment. Invoices not paid by the due date accrue interest at 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) from the due date until paid in full. We may also recover reasonable collection costs and attorneys’ fees in any successful collection action.

4.7 You may set off only against undisputed or finally adjudicated counterclaims. You may exercise a right of retention only on counterclaims arising out of the same contractual relationship.

5. Your cooperation duties

5.1 You agree to provide all information, documents, access, and approvals we need to perform our services, on time and in suitable form. This includes in particular:

• the information the Statement of Work or the order form asks for, for example the domain, market, competitors, or questions in an intake form;
• for implementation work, the access needed, for example to the CMS or store system, hosting, DNS, CDN, analytics accounts, Google Business Profile, and comparable services;
• approvals, for example of copy we draft for you.

5.2 An agreed period (such as 2 business days for the AI Visibility Audit) starts only when we have everything we asked for under Section 5.1 and, where the Statement of Work provides for it, the payment due. While a step waits for your approval, information, or other cooperation, the period is extended by that waiting time. Delays caused by incomplete or late cooperation don’t reduce our delivery window—they push it. Business days under these Terms are Monday through Friday, excluding U.S. federal holidays.

5.3 You warrant that the content, access, and trademark rights you provide are free from third-party rights and that performance of the contracted services does not infringe applicable law—including copyright, trademark, unfair-competition, and data-protection law. You’ll defend, indemnify, and hold us harmless against any third-party claims arising from a breach of this warranty.

5.4 You’ll designate a binding contact person who has decision-making authority on all matters relating to the engagement.

6. Delivery and acceptance

6.1 We deliver reports and other documents as a PDF by email to the address you’ve given us, unless the Statement of Work provides otherwise. Other work product is handed over in the agreed form.

6.2 Acceptance. When the engagement reaches a defined deliverable (a report, a sprint handover, a website build hand-off), we notify you by email. Unless the Statement of Work sets a different period, you have fourteen (14) calendar days from delivery to either:

• accept the deliverable in writing (email is fine); or
• tell us specifically what’s wrong, in writing, so we can fix it.

6.3 Deemed acceptance. If we don’t hear from you within that period—no acceptance, no specific defect notice—the deliverable counts as accepted. Any amount the Statement of Work makes due on acceptance then falls due, and the warranty period under Section 8.1 starts. We point out this consequence when we deliver.

6.4 Minor defects that don’t materially impair the deliverable’s intended use don’t entitle you to refuse acceptance. Material defects we’ll fix under Section 8. Ongoing services, consulting, and calls are not subject to acceptance.

7. Ownership and licensing

7.1 Once you’ve paid us in full for a deliverable, you receive a non-exclusive, worldwide, perpetual license to use the deliverable internally for the agreed business purpose. Our website build agreement contains its own, fuller IP-assignment terms; for other engagements (audits, Fix Packs, sprints, ongoing services), the license in this Section 7 controls unless the Statement of Work says otherwise.

7.2 Transferring our deliverables to third parties, public dissemination, or modification beyond intended business use requires our prior written consent (email is fine). Sharing within affiliated entities (parent, subsidiary, or sister company) is fine.

7.3 Our methodologies, assessment frameworks, scoring logic, templates, tools, and other know-how remain our intellectual property. The contract doesn’t transfer rights in any of these to you.

7.4 After an engagement is complete, we may mention you in anonymized form (without naming you) in reference materials, case studies, and marketing communications, unless you tell us not to. Naming you requires your prior consent.

8. Warranty and remedies

8.1 We warrant that we’ll perform our services in a professional, workmanlike manner consistent with industry standards. The limitation period for any warranty claim is twelve (12) months from acceptance or delivery. This is a contractual shortening of the default 6-year period under Minn. Stat. § 541.05. Carve-out: claims based on our gross negligence, willful misconduct, fraud, or fraudulent concealment are subject to the longer statutory period as required by law.

8.2 Tell us in writing (email is fine) about defects you can see when checking a deliverable within the acceptance period under Section 6.2, or, for services without acceptance, within 7 business days of delivery; tell us about hidden defects within 7 business days of discovering them.

8.3 If you give us a justified and timely defect notice, we get a chance to fix it (cure). At our choice, we’ll either repair the defect or rebuild the affected piece. Only if cure has failed twice or has been unreasonably refused do you have access to the further legal remedies (price reduction, termination, damages—subject to the cap in Section 9).

8.4 The warranty doesn’t cover defects from improper handling, from changes you or third parties make without our consent, from updates of third-party software, or from other external influences outside our control.

9. The “as is” disclaimers and liability cap

This section is the legal-armor part of these Terms. The capital-letter blocks look like a wall of caps because Minnesota law (UCC § 2-316) requires us to make disclaimers of implied warranties conspicuous—they wouldn’t be enforceable otherwise. We’ve translated the core meaning above each block.

9.1 Disclaimer of implied warranties. Translation: outside what we’ve specifically promised in Section 8.1, the deliverables come as-is—no extra warranties.

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8.1, ALL DELIVERABLES AND SERVICES ARE PROVIDED “AS IS.” PROVIDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING UNDER THE UNIFORM COMMERCIAL CODE OR COMMON LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE IMPLIED WARRANTY OF GOOD AND WORKMANLIKE PERFORMANCE. PROVIDER DOES NOT WARRANT THAT ANY DELIVERABLE OR SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

9.2 Liability cap. Translation: our total liability is capped at the fees you’ve paid us in the twelve months before the claim—with a few common-sense exceptions where caps don’t apply.

IN NO EVENT SHALL PROVIDER’S AGGREGATE LIABILITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EXCEED THE TOTAL FEES PAID BY CLIENT TO PROVIDER UNDER THE RELEVANT ENGAGEMENT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, EXCEPT FOR (i) PROVIDER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (ii) FRAUD OR INTENTIONAL MISREPRESENTATION, (iii) PROVIDER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 5.3 OR ELSEWHERE IN THIS AGREEMENT, OR (iv) PROVIDER’S BREACH OF CONFIDENTIALITY UNDER SECTION 10. NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 The exclusions and limits in this Section 9 also apply to the personal liability of our members, employees, contractors, and persons engaged in performing our obligations.

9.4 No liability for third-party services. We’re not liable for the availability, correctness, or behavior of third-party services we use or reference—including hosting and CDN providers, email-delivery services, payment processors, AI providers, analytics services, and search engines and AI answer systems (such as Google, Bing, ChatGPT, Claude, Gemini, and Perplexity)—or of services you contract yourself.

9.5 Data losses. For data losses, we’re liable only up to the amount that would have been required to restore the data assuming you’d been keeping proper, regular data backups.

10. Confidentiality

10.1 Both parties agree to treat all non-public information of an economic, technical, or organizational nature exchanged during the engagement as strictly confidential, not to disclose it to third parties, and to use it only for the contractually intended purposes.

10.2 The confidentiality obligation continues for three (3) years after the engagement ends. Statutory protections under the Defend Trade Secrets Act of 2016 (18 U.S.C. § 1836) and Minnesota’s Uniform Trade Secrets Act (Minn. Stat. ch. 325C) remain unaffected.

10.3 The confidentiality obligation doesn’t apply to information that:

• was already generally known or accessible to the receiving party at the time of contract formation;
• becomes generally known after contract formation through no act or omission of the receiving party;
• must be disclosed under a court order or governmental request, provided the receiving party gives the disclosing party prompt notice (where legally permitted) and reasonable cooperation in seeking a protective order.

10.4 If you’d prefer a separate, more detailed Non-Disclosure Agreement, just ask—we’ll sign one. Its provisions will prevail over this Section 10 to the extent of any conflict.

11. Privacy and data handling

11.1 Our privacy practices for visitors to our website and users of our services are described in our Privacy Policy at https://digitaldomination.xyz/en/privacy.

11.2 Where we process personal information about your customers, employees, or other individuals on your behalf (for example: hosting analytics data, email logs, support-ticket data, processing data through AI providers), we’ll sign a separate Data Processing Addendum (DPA) on request, addressing applicable privacy laws including the California Consumer Privacy Act (CCPA), the Minnesota Consumer Data Privacy Act (effective July 31, 2025), and other state-level privacy regimes that may apply to you. The Standard DPA of Digital Domination LLC is available on request.

11.3 If you’re an entity established in the EU or the EEA and required to comply with the GDPR, you should engage us under our German-law T&C rather than these Terms—they incorporate a Standard Data Processing Agreement under Art. 28 GDPR, which is the legally appropriate framework for that data.

12. Term and termination

12.1 One-time engagements (audits, Fix Packs, sprints, other project work) end on full performance and acceptance of the agreed deliverables.

12.2 Ongoing engagements (monthly fees for managed services, hosting, Website Maintenance, or upkeep) run for the minimum term agreed in the Statement of Work. If we haven’t agreed otherwise, the minimum term is one month. The contract then auto-renews for additional one-month terms unless terminated in writing by the end of the current month.

12.3 The right to terminate for cause (material breach not cured within 30 days of written notice, insolvency, or abandoning performance) remains available to both sides. Material breach includes in particular:

• material payment default by Client (more than 14 days past due despite written reminder);
• repeated breach of Section 5 (cooperation duties);
• use of our services for unlawful purposes;
• a party’s filing of (or being subject to) a bankruptcy petition that is not dismissed within 60 days.

12.4 Termination notices must be in writing (email is fine).

13. Governing law and forum

13.1 These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-laws rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

13.2 The exclusive forum for any dispute arising out of or in connection with these Terms is the state or federal courts located in Ramsey County, Minnesota. Each party submits to the personal jurisdiction of those courts.

13.3 We may also bring suit at your principal place of business if we choose.

13.4 Attorneys’ fees. If either party has to enforce or interpret these Terms in court, the prevailing party is entitled to its reasonable attorneys’ fees and costs from the other party.

14. Force majeure

14.1 Neither party is liable for delays or failures resulting from events of force majeure—natural disasters, pandemics, war or terror, governmental orders, embargoes, sanctions, prolonged outages of critical third-party infrastructure (hosting, CDN, payment processors, AI providers, DNS) outside our control, or labor disputes (provided we are not ourselves struck).

14.2 The affected party will inform the other party of the force majeure event without delay. Agreed deadlines extend by the duration of the event.

14.3 If a force majeure event lasts more than 60 days, either party may terminate the contract for cause.

15. Final provisions

15.1 Amendments and additions to a specific contract require text form (signed amendment or email confirmation by both parties). This applies to the waiver of this text-form requirement itself.

15.2 Assignment. Neither party may assign this contract or any rights under it without the other’s prior written consent—except in connection with a merger, acquisition, or sale of substantially all of the assigning party’s assets, in which case notice to the other party is sufficient.

15.3 Amendment of these Terms. We may amend these Terms with effect for future engagements, and (with notice) for ongoing engagements. For ongoing engagements, we’ll notify you in writing of intended amendments at least 30 days before they take effect. If you don’t object within 30 days of receipt of the notice, the amended terms are deemed accepted. We’ll draw your attention to this consequence in the amendment notice. If you do object, we may terminate the ongoing relationship with 30 days’ notice to month-end.

Restriction: This silence-as-consent rule does not apply to amendments of material contractual duties (in particular the principal performance duties, fees, or term)—those amendments require your express written consent.

15.4 Notices. Any official notice goes by email: to us at hey@digitaldomination.xyz, to you at the email address in the order form or the agreement. A notice counts as delivered the next business day after it’s sent. Tell the other side promptly if your contact info changes.

15.5 Counterparts; electronic signatures. Engagement-specific contracts can be signed in counterparts—each one counts as an original, and together they make the same contract. Electronic signatures, including the typed signature in our order form (Section 3.2), are fine under ESIGN and UETA (15 U.S.C. § 7001 et seq. and Minn. Stat. ch. 325L).

15.6 Language priority. This English version is the original and authoritative version. Any translation (including any German translation) is provided for convenience only; if there’s ever a conflict between this English original and a translation, the English version prevails.

15.7 Entire agreement; severability. These Terms, together with any Statement of Work signed or accepted by order and payment and the Client’s onboarding-form responses, are the entire agreement between us about the subject matter—replacing anything we said before. If any part of these Terms is unenforceable, the rest still applies, and the unenforceable part will be replaced by an enforceable provision that comes closest to the intended economic effect.

As of: October 18, 2026
Provider: Digital Domination LLC, 523 Jackson Street, Unit #210, Saint Paul, Minnesota 55101, USA
Registration number (Minnesota Secretary of State): 1644311400023
Legal notice: https://digitaldomination.xyz/en/legal-notice
Email: hey@digitaldomination.xyz

General Terms and Conditions (T&C)

of Digital Domination LLC

For clients established in the EU, the EEA, the UK or Switzerland. Governed by German law. This is a courtesy translation; the German version is binding. Read the German version

As of: 18 October 2026

Courtesy translation. This English version is provided for the convenience of English-speaking clients. The German version is binding; in the event of any inconsistency or conflict between the two versions, the German wording prevails. These T&C are governed by German law; statutory references cite the German Civil Code (Bürgerliches Gesetzbuch, BGB) and other German legislation.

§ 1 · Scope and contracting parties

1.1 These General Terms and Conditions (hereinafter “T&C”) apply to all contracts between Digital Domination LLC, 523 Jackson Street, Unit #210, Saint Paul, Minnesota 55101, USA, registered with the Minnesota Secretary of State under registration number 1644311400023 (hereinafter “Digital Domination” or “we”), and its clients (hereinafter “Client”) established in the European Union, the European Economic Area, the United Kingdom or Switzerland. Clients established in other countries are served under our Terms of Service governed by Minnesota law.

1.2 Our offerings are addressed exclusively to entrepreneurs within the meaning of § 14 BGB, to public administrations, that is, legal entities and special funds under public law and their institutions (such as municipalities, public authorities and public schools), and to charitable organizations such as associations, foundations and privately run schools. We do not contract with consumers within the meaning of § 13 BGB. By placing an order, the Client confirms that it is not acting as a consumer.

1.3 Conflicting, deviating or supplementary terms and conditions of the Client do not become part of the contract unless we expressly agree to them in text form. This also applies if we perform without reservation while aware of such terms.

1.4 Individual agreements with the Client (§ 305b BGB), the relevant contract and the Statement of Work (§ 2.2) prevail over these T&C in case of conflict. Otherwise these T&C apply supplementally.

1.5 This version applies to contracts concluded on or after 18 October 2026; contracts concluded before that date remain subject to the terms agreed when they were concluded.

§ 2 · Subject of services

2.1 Digital Domination provides services around websites and their visibility in search engines and AI answer systems, in particular:

• analyses and audits, for example of a website’s visibility in AI answers and search engines;
• implementation work at a fixed price, for example Fix Packs and sprints;
• ongoing services, for example managed visibility, hosting and Website Maintenance;
• website builds and individually agreed services.

2.2 The type, scope, timing and price of a service follow from the Statement of Work agreed for it, the contract it belongs to, or the individual offer the Client has accepted (together, the “Statement of Work” in these T&C). Descriptions on our website are for information; the Statement of Work is authoritative.

2.3 AI Visibility Audit. The AI Visibility Audit is a diagnosis with recommendations, checked and signed off by our team. Its scope, process and delivery follow its Statement of Work. We deliver the PDF report and the one-page action list by email within 2 business days of the completed intake form; the Statement of Work determines when the form is complete and when the period starts (§ 5.2).

2.4 No success or outcome guarantee. We owe the services described in the Statement of Work, but no further outcome, such as particular search rankings, mentions or citations in AI answer systems, a particular number of visits, inquiries or sales, or third parties applying requested corrections or granting access. Whether and how search engines, AI answer systems, directories and collaboratively maintained knowledge sources present the Client is decided solely by their operators; this lies outside our sphere of influence.

2.5 No legal advice. Notes on legal pages, consent, accessibility or other legal topics, for example in a hygiene checklist, are not legal advice and not a legal service within the meaning of the German Legal Services Act (Rechtsdienstleistungsgesetz, RDG). Whether and how to act is the Client’s decision, with advice from a lawyer where needed.

§ 3 · Conclusion of contract

3.1 The presentation of our services on our website or in other public sources is not a binding offer but an invitation to the Client to submit an offer.

3.2 Ordering online. In the order form on our website, we show the Client the documents that become part of the contract, for example the Statement of Work, these T&C and, where required, the data processing agreement (§ 11.2). The Client signs them electronically by typing its full name and confirming the signature in the confirmation box. This signature is an electronic signature within the meaning of Art. 3 (10) of Regulation (EU) No 910/2014 (eIDAS Regulation) and suffices to conclude the contract; no handwritten signature is required. We email the Client a PDF copy of the signed documents. Anyone who orders or signs for an organization confirms that they are authorized to represent it.

3.3 When the contract is formed. The contract is formed as the Statement of Work provides, in particular:

• on payment of the amount due at ordering through Stripe, after the Client has signed in the order form, for example for an audit, a sprint or a monthly service;
• for services whose scope we confirm before payment, such as the Fix Pack: on payment through the payment link we send the Client with our confirmation in text form. Until then, the Client’s request does not bind it. The contract covers the Statement of Work with the scope we confirmed;
• on signing in the order form, where the contract makes that online signature the conclusion of the contract;
• on acceptance of an individual offer in text form, including by electronic signature.

Where the Statement of Work says nothing on this, the contract is formed by our order confirmation in text form or when we begin performance. If a payment on which the conclusion of the contract depends is not made, no contract is formed.

3.4 After the contract is concluded, the Client receives a confirmation in text form with the essential contract data.

§ 4 · Prices, payment and VAT

4.1 All prices are net, in the currency stated in the Statement of Work or the order form. § 4.2 governs VAT.

4.2 VAT. VAT as owed by law is added to the net prices where it applies. Paragraphs (1) to (3) apply to Clients established in the European Union:

(1) If the Client is a business for VAT purposes, including a public administration or charitable organization that also carries out business activities, the Client owes the VAT itself as recipient of the service (reverse charge; for Clients established in Germany under § 13b UStG), even without a VAT ID; the same applies to a legal entity that has been issued a VAT ID. Our invoices to these Clients, including those through Stripe, therefore show no VAT.

(2) If the Client is a public administration or a charitable organization (such as a school, an association or a foundation) that carries out no business activity at all and has no VAT ID, VAT depends on the kind of service:

(a) Electronically supplied services, namely website, domain and email hosting, automated remote maintenance and access to software (such as Cited, where we sell that access as such), are subject to the VAT of the member state where the Client is established, at that state’s rate (19% in Germany). We declare it under the non-Union OSS scheme (member state of identification: Ireland).

(b) For substantially human-made services, namely website design and development, migrations, analyses and audits, consulting, implementation work and content, the place of supply is the United States (§ 3a (1) UStG). No VAT arises on them: we charge none, and the Client owes none under reverse charge. We invoice them net, with the note “Place of supply: United States, § 3a(1) UStG; not subject to German VAT”. The same principle applies to Clients in other member states: these services are not subject to VAT in the European Union (Article 45 of the VAT Directive).

(c) Mandatory VAT rules that apply in the individual case remain unaffected; the invoice states the treatment that applies.

We invoice such a Client for the price and any VAT under (a) separately, not through Stripe, and the Client pays by bank transfer. The payment term under § 4.5 applies to that invoice. The Statement of Work states which kind of service it covers.

(3) We check any VAT ID the Client gives us through the European Commission’s VIES service. If VIES does not confirm it, we treat the Client as if it had given no VAT ID.

(4) We do not contract with consumers (§ 1.2).

(5) We charge no VAT to Clients established outside the European Union unless the law requires us to; we then invoice it separately. Taxes that the Client’s country levies on the service and that the Client itself owes under that country’s law are borne by the Client.

4.3 When ordering, the Client provides the data needed for a proper invoice and for the VAT treatment, in particular its name or company name, full address, whether it is a business for VAT purposes and, if available, its VAT ID. The Client informs us of any change without delay in text form. If we incur a tax because this information was incorrect or incomplete, the Client indemnifies us against it.

4.4 Payment. Unless the Statement of Work or a separate agreement provides otherwise, the Client pays by card through Stripe. Public administrations and charitable organizations pay by bank transfer against an invoice instead; they order through an individual offer that our team sends them with a link to the order form (§ 3.3). Beyond that, other payment methods, such as a bank transfer against an invoice, apply only by separate agreement. Standard services with a fixed scope, such as an audit or a Fix Pack, are paid in advance; we start work once payment is received. The Client receives an invoice for every payment.

4.5 For project contracts (such as sprints, website builds and individually agreed services), unless the Statement of Work provides otherwise, the following payment structure applies: 50% on conclusion of the contract, 50% on acceptance or delivery. Invoices not paid when ordering are payable within 14 days of receipt without deduction (payment term), unless the Statement of Work provides otherwise.

4.6 Default: In the event of payment default, we are entitled to charge default interest at 9 percentage points above the base rate under § 288 (2) BGB. The assertion of further damages for default is reserved. In addition, we may claim the flat fee of 40 euros under § 288 (5) BGB.

4.7 The Client may set off only undisputed or legally established counterclaims. The Client may exercise a right of retention only on account of counterclaims arising from the same contractual relationship.

§ 5 · Client cooperation duties

5.1 The Client provides all information, documents, access and approvals the service requires, in good time and in suitable form. This includes in particular:

• the information the Statement of Work or the order form asks for, for example the domain, market, competitors or questions in an intake form;
• for implementation work, the access needed, for example to the CMS or store system, hosting, DNS, CDN, analytics accounts, Google Business Profile and comparable services;
• approvals, for example of copy we draft for the Client.

5.2 An agreed period (such as 2 business days for the AI Visibility Audit) starts only once the information required under § 5.1 is complete and, where the Statement of Work provides for it, the payment due has been received. While a step waits for the Client’s approval, information or other cooperation, the period is extended by that waiting time. Delays caused by incomplete or late cooperation are not at our expense. Business days within the meaning of these T&C are Monday through Friday, excluding nationwide public holidays in Germany and U.S. federal holidays.

5.3 The Client warrants that the content, access and trademark rights it provides are free from third-party rights and that performing the services ordered does not infringe applicable law, in particular copyright, trademark, competition or data protection law. The Client indemnifies us against all third-party claims arising from a breach of this warranty.

5.4 The Client names a binding contact person with authority to decide on all matters of the respective project.

§ 6 · Delivery and acceptance

6.1 We deliver reports and other documents as a PDF by email to the address the Client has given, unless the Statement of Work provides otherwise. Other work results are handed over in the agreed form.

6.2 Where a service is a work (Werk) within the meaning of §§ 631 et seq. BGB, acceptance is required. With delivery or the notice of completion, we set the Client a period of 14 calendar days for acceptance, unless the Statement of Work names a different period. Within that period, the Client checks the work and either declares acceptance or notifies us of defects in text form.

6.3 Deemed acceptance: If, within the period under § 6.2, the Client neither declares acceptance nor refuses it in text form, naming at least one defect, the work is deemed accepted (§ 640 (2) BGB). We point out this consequence to the Client in text form with the delivery or the notice of completion.

6.4 The Client may not refuse acceptance because of insignificant defects (§ 640 (1) sentence 2 BGB).

6.5 Services that are not a work, such as ongoing services, consulting and calls, are not subject to acceptance.

§ 7 · Rights of use and copyright

7.1 On full payment, the Client acquires in the work results we deliver (reports, implementation documentation, delivered code, copy, graphics) the non-exclusive right, unlimited in territory and time, to use them internally for the agreed purpose.

7.2 Passing work results on to third parties, making them public or modifying them beyond their intended use requires our prior consent in text form. Passing them on within affiliated companies within the meaning of §§ 15 et seq. AktG is permitted.

7.3 Our methodologies, assessment frameworks, scoring logic, templates, tools and other know-how remain our intellectual property. Concluding the contract grants the Client no rights in them.

7.4 After a project is complete, Digital Domination may mention the Client in anonymized form (without naming it) in reference materials, case studies and marketing communications, unless the Client objects. Naming the Client requires its prior consent.

§ 8 · Warranty

8.1 The statutory warranty provisions apply. The limitation period for warranty claims is 12 months from acceptance or delivery (§ 634a (1) no. 3 in conjunction with § 202 (1) BGB). The shortening does not apply to claims arising from fraudulently concealed defects, damage caused intentionally or by gross negligence, injury to life, body or health, or claims under mandatory provisions (such as the Product Liability Act); the statutory limitation periods apply to these.

8.2 The Client notifies us of defects in text form: defects that are apparent when checking the work under § 6.2 within the acceptance period, and, for services without acceptance, within 7 business days of delivery; defects discovered later without delay, and at the latest within 7 business days of their discovery.

8.3 If a notice of defects is justified and timely, we are first entitled to subsequent performance, at our choice by remedying the defect or by producing the work again. Only if subsequent performance has failed twice or has been unreasonably refused is the Client entitled to the further statutory warranty rights (price reduction, withdrawal, damages).

8.4 The warranty does not cover errors caused by improper handling, by changes the Client or third parties make without our consent, by updates of third-party software or by other external influences for which we are not responsible.

§ 9 · Liability

9.1 We are liable without limitation:

• for damage resulting from injury to life, body or health caused by a negligent breach of duty by us or an intentional or negligent breach of duty by our legal representatives or vicarious agents;
• for other damage caused by an intentional or grossly negligent breach of duty by us or an intentional or grossly negligent breach of duty by our legal representatives or vicarious agents;
• under the Product Liability Act;
• to the extent of any guarantee we have given.

9.2 In the event of a slightly negligent breach of material contractual duties (cardinal duties whose performance makes the proper execution of the contract possible in the first place and on whose observance the Client may regularly rely), our liability is limited in amount to three times the order value or the damage typical for the contract and foreseeable, whichever is higher. No further absolute cap applies.

Order value for continuing obligations. For recurring contracts (in particular ongoing maintenance, hosting, managed or support contracts), “order value” means the net fees received from the specific contractual relationship concerned in the twelve months immediately before the damage occurred. Where the contract has run for less than twelve months when the damage occurs, the order value is the net fees received so far, projected to twelve months.

9.3 Any further liability for damage caused by slight negligence, in particular for the breach of non-material contractual duties, is excluded.

9.4 The exclusion or limitation of liability also applies to the personal liability of our legal representatives, staff, employees and vicarious agents.

9.5 Third-party services. We are not liable for the availability, correctness or behavior of third-party services that do not act as our vicarious agents, in particular search engines and AI answer systems (such as Google, Bing, ChatGPT, Claude, Gemini and Perplexity), directories and platforms, and services the Client contracts itself. For service providers we engage to perform our obligations (for example for hosting, email delivery and payment processing), we are liable under §§ 9.1 to 9.4.

9.6 For data loss, we are liable only up to the amount that would have been needed to restore the data had the Client backed it up properly and regularly.

§ 10 · Confidentiality

10.1 Both parties undertake to treat all non-public information of an economic, technical or organizational nature disclosed to each other in the course of the business relationship as strictly confidential, not to disclose it to third parties, and to use it only for the purposes the contract provides.

10.2 The confidentiality obligation continues for three years after the contractual relationship ends. The statutory provisions on the protection of trade secrets (Geschäftsgeheimnisgesetz, GeschGehG) remain unaffected.

10.3 The confidentiality obligation does not apply to information that:

• was already generally known or accessible to the other party when this contract was concluded;
• becomes generally known after the contract is concluded through no act or omission of the other party;
• must be disclosed under a mandatory statutory or official order.

10.4 At the Client’s request, we sign an individual non-disclosure agreement (NDA); its provisions prevail over the foregoing.

§ 11 · Data protection and processing on behalf

11.1 The data protection provisions for visiting our website and using our services are set out in our privacy policy at https://digitaldomination.xyz/en/privacy.

11.2 Where we process personal data on behalf of the Client in performing the services, the parties conclude a data processing agreement (DPA) under Art. 28 GDPR before performance begins. The Standard DPA of Digital Domination LLC as in force from time to time applies; the parties conclude it with the contract, and when ordering online, by electronic signature in the order form (§ 3.2). Engagement-specific particulars (data categories, sub-processors used) are set out in an annex drawn up for each engagement.

§ 12 · Term and termination

12.1 One-time services (audits, Fix Packs, sprints, other project services) end with full performance and acceptance of the services owed.

12.2 Ongoing services (monthly fees for managed services, hosting, Website Maintenance or upkeep) are concluded for the minimum term agreed in the Statement of Work. Unless otherwise agreed, the minimum term is one month. The contract then renews automatically for one further month at a time unless it is terminated in text form by the end of the current month.

12.3 The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in the case of:

• material payment default by the Client (more than 14 days despite a reminder);
• repeated breach of § 5 (cooperation duties);
• use of our services for unlawful purposes;
• the opening of insolvency proceedings, or their rejection for lack of assets, in respect of a contracting party.

12.4 Termination requires text form (email is sufficient).

§ 13 · Governing law and place of jurisdiction

13.1 All legal relationships between Digital Domination and the Client are governed exclusively by German law, excluding the U.N. Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules of private international law.

13.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship is Berlin, provided that the Client is a merchant, a legal entity under public law or a special fund under public law (§ 38 ZPO).

13.3 We are also entitled to sue the Client at its general place of jurisdiction.

§ 14 · Consumer dispute resolution

Since we do not contract with consumers (§ 1.2), we neither take part in dispute resolution proceedings before a consumer arbitration board nor are we obliged to do so.

§ 15 · Force majeure

15.1 Neither party is liable for delays or failures caused by events of force majeure. Force majeure includes in particular:

• natural disasters, pandemics, war, terrorism;
• governmental orders, embargoes, sanctions;
• prolonged outages of critical third-party infrastructure (hosting, CDN, payment service providers, AI providers, DNS) over which we have no control;
• labor disputes, provided we are not ourselves on strike.

15.2 The affected party informs the other party of the force majeure event without delay. Agreed deadlines are extended by the duration of the event.

15.3 If a force majeure event lasts longer than 60 days, either party may terminate the contract for good cause.

§ 16 · Final provisions

16.1 Amendments and additions to this contract require text form. This also applies to waiving this text-form requirement itself.

16.2 Assignment of rights and obligations under this contract by the Client requires our prior consent in text form. § 354a HGB remains unaffected.

16.3 Amendment of these T&C: We may amend these T&C with effect for the future to the extent this becomes necessary for legal, regulatory or technical reasons. For ongoing continuing obligations, we inform the Client in text form of the intended amendments at least 30 days before they take effect. If the Client does not object to the amendments in text form within 30 days of receiving the notice, the amended terms are deemed accepted. We point out this consequence to the Client in the amendment notice. If the Client objects, we may terminate the contractual relationship with 30 days’ notice to the end of a month.

Longer objection period for legal entities under public law. If the Client is a legal entity under public law (in particular publicly run schools, authorities, public institutions and public corporations), the objection period under sentence 3 is 90 days from receipt of the notice instead. This period reflects their typically longer internal approval processes.

Restriction: This rule, under which silence counts as consent, expressly does not apply to amendments of material contractual duties (in particular the principal obligations, fees and term); such amendments require the Client’s express consent in text form.

16.4 Severability: If any provision of these T&C or of the contract is or becomes wholly or partly invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid or unenforceable provision (§ 306 (2) BGB).

16.5 Language: These T&C are available in German and in English. The German version is authoritative.

As of: 18 October 2026
Provider: Digital Domination LLC, 523 Jackson Street, Unit #210, Saint Paul, Minnesota 55101, USA
Registration number (Minnesota Secretary of State): 1644311400023
Legal notice: https://digitaldomination.xyz/en/legal-notice
Email: hey@digitaldomination.xyz