Terms and Conditions

Last updated: August 2026

These terms govern your use of services provided by 5th Element Digital ("we," "us"), including web design, marketing, and account-notification services for local small businesses.

Our services

We build and maintain websites and marketing tools for client businesses, including an optional SMS customer-care program for client-business contacts.

SMS customer-care program

The 5th Element Digital SMS program provides service-related account alerts and two-way customer care. Messages may notify you about activity related to your services, such as a new contact-form inquiry submitted to your own website or a shared demo being viewed. You may reply with questions or instructions, and 5th Element Digital may respond by text. Messages are sent only to opted-in contacts at existing client businesses, not to website visitors or contact-form submitters.

5th Element Digital does not purchase, sell, rent, or share leads or contact lists. This SMS program is not used for affiliate marketing, promotional offers, or cold outreach.

Message frequency varies based on account activity and your conversations with us. Message and data rates may apply. Consent to receive SMS messages is not a condition of purchasing any goods or services. Mobile carriers are not liable for delayed or undelivered messages.

Reply STOP at any time to opt out. After opting out, you will receive a confirmation and no further messages unless you enroll again. Reply HELP for assistance, or email jason@5thelementdigital.com. See the complete SMS program and consent details and our Privacy Policy.

Acceptable use

You agree not to use our services for unlawful purposes or to send unsolicited marketing messages through our customer-care messaging system.

Liability

Our services are provided as-is. We are not liable for indirect or consequential damages arising from use of our website or alert service.

Changes

We may update these terms from time to time; the current version always applies.

Contact

Questions about these terms? Email jason@5thelementdigital.com.