Vail Digital
Please read this Agreement carefully before using our Site or purchasing any product or service.
Effective Date: June 1, 2026
Please read this Agreement carefully. Your access to and use of vaildigital.dev (the “Site”) and any services provided by Vail Digital, operated by Vail Digital Solutions LLC (“Company,” “we,” “us,” or “our”) is conditioned on your acceptance of the following terms.
By accessing, viewing, using, or interacting with the Site — including any banner, pop-up, advertisement, or linked content — you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use, our Privacy Policy, and any other agreements posted on the Site. If you do not agree to these terms, you must not use the Site.
By using the Site, you represent and warrant that (a) you are at least 18 years of age, or have the consent of a parent or legal guardian; (b) you have full authority to enter into this Agreement on your own behalf or on behalf of any company or legal entity you represent; and (c) you are not a person covered by the Children’s Online Privacy Protection Act (COPPA) of 1998.
Company reserves the right to deny access to any person for any lawful reason. Company may collect and store data for the purposes described in the Privacy Policy, including for exclusion and security purposes.
This Agreement may be updated from time to time. Visitors are responsible for reviewing this page periodically to stay informed of any changes. Continued use of the Site after changes are posted constitutes acceptance of the revised terms.
This Agreement is entered into between Vail Digital Solutions LLC, a Colorado limited liability company (“Company”), and the individual or entity accessing the Site or purchasing services (“Customer,” “Client,” or “Visitor”).
By providing your phone number and/or email address on vaildigital.dev or any affiliated website, you consent to receive SMS (text messages) and email communications from Vail Digital. These may include order confirmations, account notifications, product updates, service announcements, promotional offers, and other marketing messages. Message and data rates may apply.
You may opt out of SMS messages at any time by replying “STOP” to any message. You may opt out of marketing emails by clicking the “unsubscribe” link at the bottom of any email or by updating your communication preferences through your account.
Please note that even after opting out of marketing communications, you may continue to receive essential transactional messages related to your account, orders, or active services.
We do not sell or share your contact information with third parties for their marketing purposes without your consent, except as required by law. We reserve the right to modify these communication terms at any time, with changes communicated via SMS, email, or notice on the Site.
Company agrees to provide the products and services ordered by the Customer. The scope, duration, deliverables, and any additional materials will be outlined in the applicable product description, proposal, or order confirmation.
All website build, website development, or new-site projects performed by Vail Digital require the Client to enroll in an ongoing website maintenance, care, or management subscription as a condition of the build, subject to the 12-month minimum commitment and other terms set forth in Section 9.
Unless otherwise agreed in writing, all deliverables for any product or service are deemed delivered and fulfilled no later than one (1) year after the purchase date of that product or service. After this one-year period, the applicable product or service is considered complete and fully performed.
Company will keep personal information provided by the Customer confidential and will not sell, share, or disclose it to third parties without the Customer’s express written consent, except as required by law or as described in our Privacy Policy.
This section governs the Client’s authorization for Vail Digital to store and use the Client’s payment credentials for recurring and non-recurring charges. This authorization applies to all products and services purchased from Vail Digital, including subscriptions, consulting sessions, one-time digital product purchases, and any one-off or project-based invoices. This authorization is required by card-network rules (including Visa, Mastercard, American Express, and Discover) and by our payment processor for the storage and reuse of payment credentials.
By providing a credit card, debit card, bank account, or other payment method (“Payment Method”) to Vail Digital, the Client authorizes Vail Digital and its payment processor (currently Stripe, Inc.) to securely store the Payment Method as a stored credential on file for future transactions related to this Agreement.
The Client authorizes Vail Digital to initiate recurring charges to the Payment Method for all subscription fees on each scheduled billing date (monthly or annually, as applicable) in the amounts set forth in the Client’s order or proposal. The Client acknowledges that this authorization will remain in effect until the applicable subscription is canceled in accordance with Section 9.6 or until the Client revokes this authorization in writing, whichever occurs first.
The Client further authorizes Vail Digital to initiate Merchant-Initiated Transactions (MITs) using the stored Payment Method, without further authorization from the Client at the time of each charge, for any of the following:
Vail Digital will provide the Client with a receipt or notice for each transaction charged to the stored Payment Method, by email to the email address on file, within a reasonable time after the charge. The absence or delay of such notice does not invalidate the Client’s authorization to charge.
The Client is responsible for keeping the Payment Method on file current and valid. If the Payment Method is expired, canceled, or otherwise unusable, the Client authorizes Vail Digital and its payment processor to update the stored credential using account-updater services provided by the card networks, and to charge any replacement card issued to the Client on the same account.
The Client may revoke this stored-credential authorization only by submitting a written request to info@vaildigital.dev. Revocation does not relieve the Client of the obligation to pay any amounts owed to Vail Digital, including amounts remaining on an active subscription term, the 12-month minimum commitment under Section 9.3, or any unpaid one-off invoices. If authorization is revoked, Vail Digital may suspend or terminate services and pursue collection of any unpaid balance through any lawful means.
By providing a Payment Method and entering into this Agreement, the Client affirms that (a) the Client is the authorized user of the Payment Method, (b) the Client has read and understands the recurring and merchant-initiated transaction authorizations in this section, and (c) the Client waives any right to dispute or reverse a charge made under this authorization solely on the basis that separate authorization was not obtained at the time of the individual charge.
This section applies to legacy products previously purchased under the Social Success Mastery or Vail Digital brands and is retained for the benefit of prior customers. It does not apply to subscription services, which are governed by Section 9.
If you have purchased any products under the Social Success Mastery or Vail Digital brands that were courses — such as the TikTok Growth Mastery or Social Success Mastery courses — those products are now hosted on Skool and can be accessed here: https://www.skool.com/socialsuccessmastery/about. These courses are updated occasionally. Your purchased product continues to follow the same terms and is considered delivered one (1) year after the original purchase date of the course.
The TikTok Growth Mastery course — previously our most popular program — is now hosted on Skool. To access your course materials, sign in to (or create a free account on) the Skool community linked above. Course content is updated occasionally, and your purchase remains considered delivered one (1) year after the original purchase date.
If you are granted complimentary (free) access to the Social Automation System, access is contingent on signing up for HighLevel through the designated Vail Digital referral link. Access will only be granted after your HighLevel account is verified. Continued access requires an active HighLevel account or subscription. If your HighLevel account is canceled for any reason — voluntarily or due to non-payment — your access to the Social Automation System will be revoked immediately without refund or further notice.
All consulting session fees are non-refundable. Scheduling reserves dedicated calendar time that could otherwise be offered to other clients, and no refunds will be issued whether or not a session has been scheduled or held.
Consulting sessions may be rescheduled with at least 24 hours’ notice prior to the scheduled start time. Cancellations or rescheduling requests made within 24 hours of the scheduled session will not be refunded, and rescheduling is not guaranteed — it is granted at the sole discretion of the consultant.
Clients more than 10 minutes late to a session will be considered a no-show, and the session will be forfeited. Missed sessions may be rescheduled only at the sole discretion of the consultant.
By purchasing and scheduling consulting sessions, you acknowledge and agree to these policies and to the stored-credential authorization in Section 6.
This section governs all monthly and annual subscription services provided by Vail Digital, including but not limited to website development, website maintenance, website management, website care plans, marketing services, and ongoing retainer services.
Subscriptions are deemed accepted upon confirmation by the Client, which includes completing checkout, signing a proposal, or otherwise authorizing the start of service. By subscribing, the Client affirms they are at least 18 years of age, or that a parent or legal guardian has authorized the subscription on their behalf.
Prices are subject to change at any time without prior notice; however, this Agreement locks in the package contents and pricing in effect at the time the Client subscribes for the duration of the current term. Any changes to the scope or pricing of the subscription must be agreed to in writing by both parties.
Promotional pricing. From time to time, Vail Digital may offer promotional or introductory pricing. Unless a written offer states otherwise, no rate is “locked for the life of the plan” or offered as lifetime pricing. Where a promotional rate is offered, it applies only for as long as the qualifying subscription remains continuously active and in good standing on the original subscriber’s account. If the subscription is canceled by the Client, terminates for non-payment, or otherwise lapses for any reason, the promotional rate is permanently forfeited, and any new or reactivated subscription — including one started by the same Client after a cancellation or lapse — will be billed at the then-current standard pricing. Promotional rates are non-transferable, apply to a single account, and may not be applied retroactively. The “Founding Agent” program is closed and is no longer offered to new or reactivating subscribers.
Referral credits. Individual agent service plans may earn a recurring bill credit of twenty percent (20%) of the plan’s monthly rate for each qualifying agent referred to Vail Digital. Credits stack, so five (5) concurrently qualifying referrals reduce the referring Client’s monthly plan rate to zero. Total credits will never exceed the monthly plan rate in any billing period, are not paid out as cash or applied to any other balance, and have no cash or redemption value.
What qualifies as a referral. A referral qualifies only when the referred party (a) is a new customer who was not already a Client or in an active sales process with Vail Digital, (b) books directly with Vail Digital or AgentVue, and (c) starts and maintains a paid individual agent service plan that is active and in good standing. App-only subscribers do not qualify as referrals — a party who subscribes to AgentVue Basic or AgentVue Pro through the application or a third-party marketplace must book directly with AgentVue to be counted. Referral credits are available on individual agent service plans only and are not available on Agency Seat accounts or app-only subscriptions.
How credits apply and end. Credits apply to the recurring monthly plan rate only. They do not apply to the one-time website build fee, add-on services, overages, taxes, or third-party or platform fees. A credit begins on the referring Client’s next full billing period after the referred subscription becomes paid and active, and ends at the next billing date after the referred subscription is canceled, lapses, or falls out of good standing. Credits are non-transferable, may not be sold or assigned, and are not redeemable against past invoices. Referral credits are a discount on the then-current rate, not locked or lifetime pricing, and Vail Digital may modify or discontinue the referral program prospectively on notice; credits already earned continue under the terms above for as long as the referred subscriptions remain qualifying.
Volume tiers. AgentVue Agency Seats are licensed on a per-agent basis and priced by the total number of seats on the account: $798 per seat per month for one (1) to four (4) seats; $748 per seat per month for five (5) to nine (9) seats; and $698 per seat per month for ten (10) or more seats. The applicable per-seat rate is determined by the seat quantity on the account and adjusts automatically if that quantity changes. Accounts requiring more than ten (10) seats are quoted individually and are governed by the written quotation accepted by the Client.
Trial period. Agency Seat subscriptions may include a fourteen (14) day trial period. The Client will not be charged during the trial. Unless canceled before the trial ends, the subscription converts automatically to a paid subscription at the applicable per-seat rate and the minimum commitment in Section 9.3 begins on that date.
Term and renewal. Agency Seat subscriptions carry a twelve (12) month term that renews automatically for successive twelve (12) month terms. Either party may request renegotiation of per-seat pricing by providing written notice no later than thirty (30) days before the end of the then-current term. Agency Seat pricing is not lifetime-locked pricing. For the avoidance of doubt, each per-seat rate in the volume tiers above is a volume rate only. It is tied to the seat quantity on the account at the time of billing, adjusts up or down as that quantity changes, is not “locked for the life of the plan,” and confers none of the promotional or referral benefits described in Section 9.2.1.
Seat changes. Seat quantities are modified by Vail Digital upon the Client’s written request. Seat reductions take effect at the start of the next billing term and do not entitle the Client to a refund or credit for the remainder of the current term. Seat increases are billed at the applicable tier rate from the date the additional seats are added.
Account ownership and invited agents. The purchasing brokerage, team, or other entity (the “Agency”) is the account owner and is solely responsible for all fees. Agents invited to a seat are not parties to the Agency’s subscription and are not billed individually. The Agency may remove an agent from a seat at any time, which frees the seat for reassignment.
Agent data. Listings, contacts, income records, and other business data entered by an individual agent remain that agent’s data and are not accessible to the Agency through the AgentVue platform. The Agency’s visibility is limited to seat count, seat assignment, and roster membership. Removal of an agent from a seat does not delete that agent’s data. An agent who leaves an Agency may continue on an individual subscription at the then-current individual rate.
Website builds. Agency Seats license the AgentVue application only. Website design, build, and hosting are separate services, are not included in the per-seat rate, and are billed separately at the then-current build fee per website.
Plans and rates. AgentVue is also offered as a standalone application subscription, independent of any website or service plan, in two tiers: AgentVue Basic at $99 per month or $990 per year, and AgentVue Pro at $199 per month. Annual billing for AgentVue Pro is not currently offered. Rates are per individual user account and are subject to change on notice; the rate in effect at the start of a billing period applies for that period.
What is not included. An app-only subscription licenses the AgentVue application only. It does not include a website, domain registration, hosting, search engine optimization, content updates, maintenance, or any other service described elsewhere in these Terms. Website and service plans are purchased separately.
Billing through third-party app stores. Where an app-only subscription is purchased through a third-party application marketplace (including the Apple App Store), billing, renewal, refunds, and cancellation are administered by that marketplace under its own terms, and the Client’s payment relationship for that subscription is with the marketplace rather than with Vail Digital. Such subscriptions renew automatically for successive periods until canceled through the marketplace account settings, and cancellation must be completed through that marketplace. Vail Digital does not control and cannot process refunds for marketplace-billed subscriptions.
Term. App-only subscriptions are month-to-month (or annual, where an annual plan is offered) and are not subject to the minimum commitment in Section 9.3.
Relationship to service plans. Individual agent service plans and Agency Seats include access to AgentVue Pro at no additional charge for the duration of the subscription. A Client on such a plan does not require, and should not separately purchase, an app-only subscription. App-only pricing is not a promotional rate, does not earn or receive referral credits, confers none of the benefits described in Section 9.2.1, and is not locked for the life of the plan.
Availability. Tiers, features, and platform availability may change. Features described as forthcoming are not guaranteed and do not form part of the subscription purchased.
All subscriptions require a minimum commitment period of twelve (12) months from the subscription start date, regardless of whether the subscription is billed monthly or annually. This 12-month minimum commitment applies to all subscription services offered by Vail Digital, including — but not limited to — ongoing website maintenance, care, or management subscriptions, and AgentVue Agency Seat subscriptions that are required as a condition of any website build or development project (see Section 4).
Subscriptions are sold as twelve (12) month terms and renew automatically for successive twelve (12) month terms unless canceled in accordance with Section 9.6. The billing cycle determines only when payments are collected within a term; it does not shorten the term. A monthly-billed subscription is therefore a twelve (12) month commitment paid in twelve monthly installments, not a month-to-month arrangement.
Subscription payments are automatically charged on the scheduled billing date to the Payment Method on file, pursuant to the authorization in Section 6. All subscription payments are non-refundable. Website build fees and other one-time or project-based fees are non-refundable.
Vail Digital reserves the right to suspend or terminate services if payment obligations are not met.
This section applies to all invoices issued by Vail Digital, including subscription renewals, one-off service invoices, and any additional work billed outside the standard subscription.
Payment Due Date. All invoices are due on the date specified on the invoice. If no due date is specified, the invoice is due upon receipt.
Late Fee. Any invoice that remains unpaid more than seven (7) days past its due date will incur a late fee of ten percent (10%) of the unpaid balance. This 10% fee will compound monthly on the then-outstanding balance (including previously assessed late fees) for each additional month the invoice remains unpaid, until the balance is paid in full.
Collection of Past-Due Balances. Vail Digital may collect past-due invoices and accrued late fees by charging the stored Payment Method on file as a Merchant-Initiated Transaction under Section 6. If an attempted charge is declined or reversed, Vail Digital reserves the right to (a) continue to attempt the charge, (b) suspend or terminate services, and (c) pursue collection of the unpaid balance through any lawful means, including referral to a collection agency or legal action. The Client agrees to reimburse Vail Digital for all reasonable costs of collection, including attorney’s fees, court costs, and collection agency fees.
All subscription fees are non-refundable, including any amounts already paid. An ongoing maintenance, care, or management subscription is required as a condition of any website build or development project (see Section 4), and the 12-month minimum commitment under Section 9.3 applies in full regardless of cancellation. Canceling a subscription stops future renewals only in accordance with this Section 9.6 and does not entitle the Client to any refund.
To cancel a subscription, the Client must submit a written cancellation request to info@vaildigital.dev. To prevent the then-current term from renewing, the request must be received at least thirty (30) days before the end of that term. A request received later than that takes effect at the end of the following term. Cancellation does not shorten the then-current term, and does not waive amounts owed for it (see Section 9.6.3 below).
If a Client submits a cancellation request before the end of the then-current twelve (12) month term, the Client remains responsible for payment of the remaining months of that term. Vail Digital may, at its sole discretion, either (a) continue to bill the Client on the regular monthly or annual schedule through the end of that term, or (b) accelerate the remaining balance and charge it to the Payment Method on file as a single Merchant-Initiated Transaction under Section 6. Vail Digital may, at its sole discretion, offer a reduced early-termination settlement in lieu of the full remaining balance.
Subscriptions automatically renew for successive twelve (12) month terms, on the same billing cycle and under the same terms, unless canceled in accordance with Section 9.6. To prevent a renewal, written cancellation must be received no less than thirty (30) days before the end of the then-current term. Vail Digital will send a reminder to the email address on file in advance of each renewal.
After a subscription is canceled, Vail Digital is no longer responsible for website errors, maintenance, updates, repairs, hosting, licenses, or any other services that were included in the canceled subscription. Any third-party licenses, plugins, themes, or tools provided as part of the subscription may be revoked or deactivated at cancellation, and Vail Digital is not liable for any resulting loss of functionality, performance, or data.
Any request to modify the scope of services, change billing frequency, or move to a non-standard arrangement is subject to Vail Digital’ discretion and may involve revised pricing. The 12-month minimum commitment under Section 9.3 applies regardless of any such modifications, unless expressly waived in writing by Vail Digital.
Marketing, SEO, AI search visibility (GEO/AEO), advertising, content, automation, and similar services — whether provided on a subscription or project basis — are performed on a best-efforts basis. Results depend on many factors outside Vail Digital’ control, including search-engine and AI-platform algorithms, competition, market conditions, and Client cooperation. Vail Digital does not warrant or guarantee any specific outcome, including search rankings, placement or citation by AI assistants or answer engines, impressions, traffic, leads, conversions, sales, or revenue. Where applicable, such services are intended to improve the probability of a given outcome (for example, the likelihood of being cited by an AI engine), not to guarantee it. No statement by Vail Digital shall be construed as a guarantee of results, and the Client’s payment obligations are not contingent on achieving any particular outcome.
By confirming a subscription, the Client affirms they have read, understood, and agreed to all terms in this Section 9, including the 12-month minimum commitment, payment terms, late fees, cancellation policy, and renewal terms, as well as the stored-credential and merchant-initiated transaction authorization in Section 6.
All content provided as part of our products and services — including text, graphics, videos, code, templates, designs, training materials, and other materials — is the intellectual property of Vail Digital Solutions LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. Customers are granted a limited, non-transferable, non-exclusive license to use such materials solely for their own internal business or personal use in connection with the product or service purchased. Redistribution, resale, or public sharing of proprietary materials is prohibited without written consent.
To the fullest extent permitted by law, by using the Site or purchasing any product or service, the Visitor waives any claim for damages of any kind — whether direct, indirect, incidental, consequential, special, or punitive — arising from or related to use of the Site, its content, or any product or service provided. In jurisdictions that do not permit such a waiver, our maximum aggregate liability will not exceed the amount paid by the Visitor for the applicable product or service in the twelve (12) months preceding the claim.
Visitor further agrees that Vail Digital is not liable for damages caused by events outside our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, natural disasters, pandemics, disruption of communications or infrastructure, labor shortages, strikes, material shortages, or acts of third-party service providers.
This Agreement is governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict-of-law provisions. Any legal action or proceeding arising under or relating to this Agreement that is not subject to the arbitration clause in Section 15 shall be brought exclusively in the state or federal courts located in Eagle County, Colorado, and the parties consent to the personal jurisdiction and venue of such courts. If a matter is brought in federal court, the proper venue shall be the federal court nearest to the Company’s principal place of business.
This Agreement, together with any written proposal, order, or statement of work signed or accepted by both parties and the Privacy Policy, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, communications, and understandings, whether written or oral.
Vail Digital may update these Terms of Use at any time by posting revised terms on the Site, and such updates will apply to all use of the Site after the posted effective date. Amendments to a specific subscription, statement of work, or proposal must be agreed to in writing by both parties.
As a condition of using the Site or purchasing any product or service, the Visitor agrees that any claim, dispute, or controversy of any kind — whether in contract, tort, statute, or otherwise — arising out of or relating to the Site, this Agreement, any product or service, privacy issues, or solicitation issues (a “Claim”), will be resolved by binding arbitration.
Arbitration will be administered by the American Arbitration Association (AAA) under its then-current rules. Information about the AAA, its rules, and its forms is available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605. The arbitration hearing will take place in the city or county where Vail Digital maintains its principal place of business.
The Visitor waives the right to a jury trial and the right to participate as a representative or member of any class of claimants with respect to any Claim subject to arbitration. Pre-trial discovery rights are limited to those provided in the applicable arbitration rules. The arbitrator’s decision is final and binding, with only the limited rights of appeal provided by law.
The prevailing party in any arbitration will be entitled to recover from the other party all reasonable costs of the arbitration, including attorney’s fees, collection fees, investigation fees, and travel expenses.
The Visitor agrees that the applicable law governing any Claim shall in all cases be the law of the State of Colorado.
Unless you have entered into an express written contract with the Company to the contrary, Visitors have no right to use the content of this Site in a commercial or public setting; you have no right to broadcast, copy, save, print, sell, or publish any portion of the content of this Site. By accessing the contents of this Site, you agree to this condition of access and acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. You have no rights whatsoever to use the content, or portions thereof, including its databases, hidden pages, linked pages, underlying code, or other intellectual property the Site may contain, for any reason or use whatsoever. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, you agree to compensate the Company with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater.
Unless expressly authorized by the Company, no one may hyperlink this Site, or portions thereof (including, but not limited to, logos, trademarks, branding, or copyrighted material), to their own for any reason. You are not permitted to reference the URL of this Site or any page of this Site in any commercial or non-commercial media without express permission from us, nor are you permitted to ‘frame’ the Site. You agree to cooperate with the Company to remove or deactivate any such activity and to be liable for all damages arising from violating this provision. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, you agree to compensate the Company with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater.
The Company disclaims any responsibility for the accuracy of the content appearing at, linked to, or mentioned on this Site. Visitors assume all risk relating to viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with us, you have no right to rely on any information contained herein as accurate, and we make no such warranty.
The Company assumes no responsibility for damage to the computers or software of any Visitor, or of any person a Visitor subsequently communicates with, from corrupting code or data that is inadvertently passed to the Visitor’s computer. Visitors view and interact with this Site, including any banners, pop-ups, or advertising displayed thereon, at their own risk. Visitors download information from this Site at their own risk, and the Company makes no warranty that downloads are free of corrupting computer code, including, but not limited to, viruses and worms.
You agree that, in the event you cause damage to the Company or a third party as a result of or relating to your use of this Site or our products or services, you will indemnify the Company for, and, if applicable, defend the Company against, any claims for such damages.
Any communication between a Visitor and the Company through this Site is deemed a submission. All submissions, including any portions, graphics, or content thereof, shall become the exclusive property of the Company and may be used, without further permission, for commercial use without additional consideration of any kind. You agree to communicate to the Company only information that you wish to allow the Company to use in any manner it sees fit. This ‘Submissions’ provision is also a provision of our Privacy Policy.
No additional notice of any kind, for any reason, is required to be given to any Visitor, and each Visitor expressly waives any right to such notice as a condition of permission to view or interact with the Site.
For questions about this Agreement, refund requests, cancellations, or any other matter, contact us at info@vaildigital.dev.
Vail Digital Solutions LLC — All Rights Reserved.