Terms and Conditions

Last Updated: December 5, 2025

Effective Date: December 5, 2025

Jurisdiction: United States & Canada

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Budgie Digital (Assisti Media).

  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

  • Country refers to: United States and Canada.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Personal Data is any information that relates to an identified or identifiable individual.

  • Sensitive Information is personal information that includes information or an opinion about an individual's:

    - Racial or ethnic origin

    - Political opinions or affiliations

    - Religious beliefs or affiliations

    - Philosophical beliefs

    - Sexual orientation or practices

    - Criminal record

    - Health information

    - Genetic information

    - Biometric information

    - Membership of a professional or trade association or trade union

  • Service refers to the Website and digital marketing services provided by Budgie Digital.

  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Website refers to Budgie Digital, accessible from www.budgiedigital.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how North American law protects You. Our Privacy Policy complies with the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR), and Canadian Personal Information Protection and Electronic Documents Act (PIPEDA). Please read Our Privacy Policy carefully before using Our Service.

Services Description

Budgie Digital provides digital marketing and automation services specifically designed for holistic health practitioners in North America, including:

  • Software Foundation ($325 USD/month): All-in-one platform for review generation, client communications, appointment reminders, and contact management

  • High-Ticket Service ($1,650 USD/month): Done-for-you patient acquisition campaigns and marketing automation

Client Responsibilities

As a client of Budgie Digital, you agree to:

- Provide accurate business information and credentials

- Maintain valid professional licenses and certifications

- Comply with all applicable healthcare marketing regulations in your jurisdiction

- Respond promptly to client inquiries generated through our system

- Ensure all marketing claims comply with local, state, and federal regulations

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind, except as required by applicable consumer protection laws. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the United States and applicable Canadian law, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

If the dispute cannot be resolved informally within 30 days, either party may refer the dispute to mediation or arbitration as agreed between the parties, or to the appropriate court or tribunal with jurisdiction over the matter

Limitation of Liability

Subject to the applicable consumer protection laws and to the maximum extent permitted by applicable law, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

- By visiting this page on our website: https://budgiedigital.com

- By email: [email protected]

- By phone: (717) 727-1188

- By mail: 2221 shumaker rd, Manhiem PA 17545

Acknowledgment

By using Budgie Digital services, you acknowledge that you:

- Have read and understood these Terms of Service

- Agree to be bound by these terms

- Are authorized to agree to these terms on behalf of your business

- Understand that this agreement constitutes a legally binding contract

---

Version: V001

Last Reviewed: December 5, 2025

Next Review Date: June 5, 2026

---

Disclaimer: This document does not constitute legal advice. Businesses should consult with qualified legal counsel for compliance with specific regulatory requirements in their jurisdiction.

  • Service Provision: Delivering digital marketing and automation services, including to monitor the usage of our Service.

  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

  • To manage Your requests: To attend and manage Your requests to Us.

  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

  • Compliance: Meeting legal and regulatory requirements, fraud prevention

  • Research: Developing new services, improving customer experience

Legal Basis for Processing (GDPR)

We process personal information based on:

- Contractual Necessity: Information required to provide agreed-upon services

- Legitimate Interest: Business operations, fraud prevention, direct marketing (where appropriate)

- Legal Obligation: Compliance with applicable laws and regulations

- Consent: Marketing communications, analytics tracking, non-essential data processing

Your Privacy Rights

United States (CCPA Rights)

- Right to Know: Access to categories of personal information collected and used

- Right to Delete: Request deletion of personal information (subject to legal requirements)

- Right to Opt-Out: Prevent sale of personal information (we do not sell personal information)

- Right to Non-Discrimination: No discriminatory treatment for exercising privacy rights

European Union (GDPR Rights)

- Right to Access: Obtain copies of your personal information

- Right to Rectification: Correct inaccurate or incomplete personal information

- Right to Erasure: Request deletion of personal information (right to be forgotten)

- Right to Portability: Receive data in structured, machine-readable format

- Right to Object: Object to processing based on legitimate interests

- Right to Restrict: Limit processing of personal information in certain circumstances

Canadian Rights

- Right to Access: Obtain information about how we handle your personal data

- Right to Challenge: Challenge accuracy and completeness of personal information

- Right to Complaint: File complaints with privacy commissioners

Data Sharing and Disclosure

We may share your information with:

- Service Providers: Third-party companies that provide essential services (payment processing, email delivery, analytics)

- Business Partners: Companies that help deliver our services (CRM providers, marketing platforms)

- Legal Requirements: When required by law, court order, or government regulation

- Business Transfers: In connection with mergers, acquisitions, or asset sales

We do not sell personal information to third parties.

International Data Transfers

Personal information may be transferred to and processed in countries other than your country of residence. When such transfers occur, we ensure appropriate safeguards are in place, including:

- Standard Contractual Clauses (SCC) for EU data transfers

- Adequate level of protection assessment for international transfers

- Compliance with applicable cross-border data transfer regulations

Data Security

We implement appropriate technical and organizational measures to protect personal information:

- Encryption: Secure data transmission and storage

- Access Controls: Limited access to personal information on a need-to-know basis

- Regular Security Reviews: Ongoing security assessments and improvements

- Employee Training: Privacy awareness and security protocol training

- Breach Notification: Prompt notification of data security breaches as required by law

Data Retention

We retain personal information only as long as necessary for:

- Service Provision: Duration of business relationship and contractual obligations

- Legal Requirements: Compliance with record-keeping obligations

- Legitimate Interests: Business operations, fraud prevention, legal defense

Retention periods vary by data type and applicable legal requirements. Data is securely destroyed when no longer needed.

Cookies and Tracking Technologies

Our website uses cookies and similar technologies to:

- Essential Functions: Maintain user sessions, enable secure features

- Analytics: Understand website usage and improve services

- Personalization: Customize content and user experience

- Marketing: Track campaign effectiveness and deliver relevant advertisements

You can control cookie settings through your browser preferences. Disabling cookies may affect website functionality.

Children's Privacy

Our services are not intended for children under 13. We do not knowingly collect personal information from children. If we become aware of collecting information from children under 13, we will take steps to delete such information immediately

Third-Party Websites

Our website may contain links to third-party websites. We are not responsible for the privacy practices of these websites. Please review their privacy policies before providing personal information.

Privacy Policy Changes

We may update this Privacy Policy occasionally to reflect changes in our practices or applicable law. Changes will be posted on this website with an updated effective date, communicated via email for material changes, and effective immediately for new information collection.

Continued use of our services after changes constitutes acceptance of the updated policy.

How to Exercise Your Rights

To exercise your privacy rights, contact us:

Budgie Digital Privacy Team

Email: [email protected]

Phone: (717) 727-1188

Address: 2221 shumaker rd, Manhiem PA 17545

Please include:

- Your full name and business name

- Description of your request

- Contact information for response

We will respond within 30 days (or as required by applicable law).

Regulatory Authorities

If you have concerns about how we handle your personal information, you can contact:

United States:

- Federal Trade Commission (FTC)

- State Attorneys General

European Union:

- Your local data protection authority

- European Data Protection Board

Canada:

- Office of the Privacy Commissioner of Canada

- Provincial Privacy Commissioners

Specific State Protections

California Residents

- CCPA rights as described above

- "Shine the Light" request for information sharing

- Authorization for financial incentives

Other States

- Additional state-specific privacy protections may apply

- We comply with all applicable state privacy laws

Contact Information

Privacy Questions: [email protected]

General Inquiries: [email protected]

Website: https://budgiedigital.com

---

Version: V001

Last Reviewed: December 5, 2025

Next Review Date: June 5, 2026

---

This Privacy Policy is designed to comply with North American privacy regulations. Specific requirements may vary by jurisdiction. Consult with legal counsel for jurisdiction-specific compliance advice.