Legal

Terms of Service

Last updated: August 28, 2025

These Terms of Service (“Terms”) govern your access to and use of the websites, landing pages, and services operated by Day by Day Digital (“we”, “us”, or “our”), including viewing our domain portfolio, submitting inquiries, negotiating purchases, and completing domain transfers. By using our sites or submitting an inquiry, you agree to these Terms.

Contents

1) Scope of Services

We curate, list, and sell domain names. We may provide basic guidance related to DNS/transfer mechanics, but we do not provide development, hosting, legal, branding, or professional advisory services unless explicitly agreed in writing.

2) Portfolio Listings & Information

  • We aim to present accurate information, but listings may contain typographical errors, outdated prices, or availability changes.
  • We may add, remove, or modify listings at any time without notice.
  • Any “Buy Now” button, price tag, or “Inquire” call-to-action is an invitation to negotiate or purchase, not a binding offer until we confirm.

3) Offers, Pricing & Payments

3.1 Negotiations & acceptance

  • Your submitted offer or inquiry is non-binding until we formally accept in writing (email or platform message).
  • We may accept, reject, or counter any offer at our discretion.
  • For “Buy Now” listings, the transaction is subject to confirmation and payment clearing.

3.2 Pricing, taxes & fees

  • Unless stated otherwise, prices are in USD and cover domain registration rights only.
  • Buyer is responsible for: registrar renewal fees, taxes/duties, escrow fees (if applicable), brokerage/marketplace fees (where applicable), and any bank or payment charges.
  • We reserve the right to correct pricing errors and cancel/refund a transaction prior to transfer if a clear error occurred (e.g., obvious mispricing).

3.3 Payment methods

We typically use Escrow.com for secure payments, or trusted marketplace checkout (e.g., Afternic/GoDaddy). Other methods may be offered case-by-case. Payment must clear before a transfer begins.

3.4 Refunds

All sales are final once the transfer has been initiated. If a seller-side error prevents transfer, our sole obligation is to refund the amount received.

4) Domain Transfer & Timeline

  • After payment clears, we provide the auth code (if required) or push the domain to your account at the agreed registrar.
  • Most inter-registrar transfers complete in 5–7 business days, but actual timing depends on registrar policies and buyer responsiveness.
  • You are responsible for providing accurate registrar account details and for accepting/pulling the transfer promptly.
  • We may require identity or fraud-prevention checks where reasonable.

5) No Trademark Rights / Content

  • The sale is for domain registration rights only. No trademarks, logos, existing site content, code, databases, or business assets are included unless explicitly agreed in writing.
  • You are solely responsible for evaluating and avoiding infringement risks and for obtaining any IP rights required for your use.

6) Third-Party Marketplaces & Partners

We may list or transact domains via third parties such as Afternic/GoDaddy, Escrow.com, and registrars. Your use of those services is subject to their terms and policies. We are not responsible for their actions, delays, outages, or fees.

7) Acceptable Use

  • No fraud, impersonation, or misleading identities in negotiations or payments.
  • No attempts to circumvent escrow/marketplaces to avoid fees where a listing requires platform checkout.
  • No unlawful activity, abuse, or interference with our websites or services.

8) Intellectual Property

  • Our portfolio websites, layouts, text, graphics, and assets are protected by IP laws. You may not copy, scrape, or republish our materials without written permission.
  • During negotiations, any non-public information we share (e.g., pricing strategy) is confidential and may not be disclosed to third parties.

9) Disclaimers

  • We provide the services “as is” and “as available.” We make no warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
  • We do not guarantee search rankings, traffic, revenue, investment performance, or suitability of any domain for your intended use.

10) Limitation of Liability

To the maximum extent permitted by law, in no event shall we be liable for indirect, incidental, special, consequential, or exemplary damages, or loss of profits, revenues, data, or business opportunities, arising out of or related to these Terms or your use of our services. Our aggregate liability shall not exceed the amount you paid to us for the specific domain at issue.

11) Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of a purchased domain, your breach of these Terms, or your violation of any law or third-party rights.

12) Governing Law & Dispute Resolution

If you are located in Brazil, these Terms are governed by the laws of Brazil, and disputes shall be brought in the courts of Minas Gerais. If you are located outside Brazil, these Terms are governed by the laws of the State of Delaware, USA, and disputes shall be brought in its state or federal courts. Each party consents to the exclusive jurisdiction and venue of the applicable courts and waives objections based on inconvenient forum. Conflict-of-laws principles do not apply.

Before filing any suit, the parties will attempt in good faith to resolve disputes informally for at least 30 days via the contact methods below.

13) Changes to These Terms

We may update these Terms from time to time. The “Last updated” date reflects the latest version. Material changes will be highlighted on this page. Continued use of our sites after changes constitutes acceptance.

14) Miscellaneous

  • Severability: If any provision is unenforceable, the remainder stays in effect.
  • No waiver: Failure to enforce a provision is not a waiver.
  • Assignment: You may not assign rights or obligations without our consent. We may assign to an affiliate or in a transaction.
  • Force majeure: We are not liable for delays caused by events beyond our reasonable control.
  • Entire agreement: These Terms constitute the entire agreement for your use of our sites and services regarding domain sales.

15) Contact

Day by Day Digital
Email: daybydaydigital367@gmail.com
WhatsApp: +55 31 99164-9588
Portfolio: Afternic/GoDaddy

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