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Privacy Policy & Terms of Service for D-Ely

Last Updated: February 18, 2026

This Privacy Policy and Terms of Service ("Terms") governs the use of the website located at https://elysystems.com and any services provided by D-Ely, operated by Dustin Ely.

By accessing this website or using any services provided by D-Ely, you agree to the terms outlined in this document.

If you do not agree to these terms, you should not use this website or our services.

1. Business Information

Business Name: D-Ely
Owner and Operator: Dustin Ely
Website: https://elysystems.com
Contact Email: dustin@elysystems.com

D-Ely operates as a sole proprietorship providing website development, marketing systems, automation systems, CRM configuration, consulting, and related digital services.

2. Information We Collect

Personal Information

We may collect personal information that you voluntarily provide including:

  • Name

  • Email address

  • Phone number

  • Business name

  • Information submitted through forms, consultations, emails, or inquiries

Automatically Collected Information

When visiting our website we may automatically collect certain technical information including:

  • IP address

  • Device and browser information

  • Pages visited and session duration

  • Referral sources

This information may be collected through analytics tools used to improve website functionality and performance.

3. How We Use Your Information

Information we collect may be used to:

  • Respond to inquiries and provide requested services

  • Communicate regarding projects, appointments, or support

  • Send SMS or email communications related to services

  • Improve website functionality and user experience

  • Maintain business and service records

We do not sell, rent, or share personal information or mobile information with third parties for marketing purposes.

Text messaging opt-in consent and related data will not be shared with third parties.

4. SMS / Text Messaging Communications

By providing your mobile phone number, you consent to receive SMS messages from D-Ely.

These messages may include:

  • Customer support communications

  • Appointment confirmations or scheduling

  • Project updates or service notifications

  • Marketing or promotional messages (only if explicitly opted in)

Message frequency may vary. Message and data rates may apply.

Mobile carriers are not responsible for delayed or undelivered messages.

5. SMS Opt-In and Opt-Out

Users may opt in to SMS communications by submitting a form on our website and selecting the appropriate consent checkbox.

Consent to receive SMS messages is not required as a condition of purchase.

Users may opt out at any time by replying STOP to any SMS message received.

For assistance, reply HELP or contact dustin@elysystems.com.

6. Cookies and Website Tracking

Our website may use cookies and analytics technologies to:

  • Improve website performance

  • Understand visitor behavior

  • Analyze traffic sources

Users may disable cookies through browser settings, though some features of the site may not function properly.

7. Scope of Services

Services provided by D-Ely are limited to the scope defined in written agreements, invoices, or service proposals.

Any requests for additional services, changes, or work beyond the originally agreed scope may require:

  • Revised timelines

  • Additional pricing

  • Updated project agreements

D-Ely reserves the right to evaluate change requests and determine whether they fall outside the original scope of work.

8. Payment Terms and Work Suspension

Payment terms will be defined in individual service agreements or invoices.

If payment is not received by the specified due date, D-Ely reserves the right to:

  • Suspend services

  • Pause project work

  • Disable hosted services or integrations

  • Restrict access to systems or accounts

Suspension of services due to non-payment does not remove the client's obligation to pay outstanding balances.

9. Client Responsibilities

Clients agree to provide all materials, approvals, access credentials, and information necessary for the completion of services.

Failure to provide required materials, approvals, or access may result in project delays or changes in timelines.

D-Ely is not responsible for project delays or reduced service performance caused by client inaction or lack of cooperation.

10. Platform Policy Compliance

Clients agree to comply with the policies of third-party platforms used in conjunction with D-Ely services including but not limited to:

  • SMS communication regulations

  • Email marketing laws

  • Advertising platform policies

  • CRM platform policies

D-Ely reserves the right to suspend services if a client's activities place systems, accounts, or communication channels at risk of suspension or violation.

11. Acceptable Use and Customer Conduct

Clients must conduct themselves in a professional and respectful manner when interacting with D-Ely.

Users agree not to:

  • Use services for unlawful or fraudulent activities

  • Harass, threaten, or abuse D-Ely or its representatives

  • Attempt to interfere with systems or infrastructure

  • Misrepresent services provided by D-Ely

D-Ely reserves the right to suspend or terminate services if a client engages in abusive behavior, defamatory actions, or conduct that harms the business.

This includes knowingly publishing false, malicious, or misleading public statements while actively receiving services.

12. Right to Refuse or Terminate Service

D-Ely reserves the right to refuse, suspend, or terminate services at any time for any reason.

Reasons may include but are not limited to:

  • Violation of these Terms

  • Non-payment

  • Abuse or harassment

  • Misuse of services

  • Actions that harm the reputation or operations of the business

Termination does not remove the obligation to pay for services already performed.

13. No Partnership or Exclusivity

Working with D-Ely does not create any partnership, joint venture, employment relationship, or agency relationship.

D-Ely reserves the right to provide services to any client, including competitors of existing clients.

Clients requiring exclusivity arrangements may negotiate separate agreements which may involve adjusted pricing.

14. Ownership of Work

Upon full payment, clients retain ownership of deliverables specifically created for their project.

D-Ely retains ownership of proprietary tools, frameworks, templates, automation structures, and internal systems used to provide services unless otherwise agreed in writing.

15. Client Content Responsibility

Clients are solely responsible for the legality and accuracy of any content, marketing materials, advertisements, or communications they provide for use within services delivered by D-Ely.

This includes compliance with:

  • Copyright laws

  • Trademark laws

  • Advertising regulations

  • Federal Trade Commission (FTC) rules

  • Email and SMS compliance laws

D-Ely is not responsible for legal issues arising from client-provided materials.

Clients agree to indemnify and hold harmless D-Ely and Dustin Ely from any claims or legal actions related to content they provide.

16. Third-Party Systems and Service Dependencies

D-Ely may rely on third-party systems including:

  • Website hosting providers

  • CRM platforms

  • Email sending systems

  • SMS communication providers

  • Domain registrars

  • analytics and advertising platforms

D-Ely is not responsible for downtime, outages, or disruptions caused by third-party providers or services outside our control.

17. Data Security and System Risk

While reasonable measures are taken to protect systems and data, no internet-based system can be guaranteed to be completely secure.

D-Ely is not responsible for:

  • data loss caused by third-party platforms

  • cybersecurity incidents beyond reasonable control

  • service interruptions caused by external systems

  • unauthorized access caused by compromised credentials provided by clients

Clients are responsible for maintaining the security of their own login credentials and account access.

18. Limitation of Liability

Services provided by D-Ely are delivered on an "as-is" and "as-available" basis.

We do not guarantee specific business results including:

  • increased sales

  • advertising performance

  • search engine rankings

  • website traffic increases

  • lead generation results

To the maximum extent permitted by law, D-Ely shall not be liable for indirect, incidental, consequential, or punitive damages.

19. Maximum Liability

The maximum liability of D-Ely for any claim related to services shall not exceed the total amount paid by the client to D-Ely during the twelve (12) months preceding the claim.

20. Indemnification

Clients agree to defend, indemnify, and hold harmless D-Ely and Dustin Ely from any claims, damages, losses, liabilities, or legal expenses arising from:

  • Client use of services

  • Client violation of laws or regulations

  • Client-provided materials or content

  • Client violation of these Terms

21. Dispute Resolution and Arbitration

Any dispute arising from services provided by D-Ely shall be resolved through binding arbitration conducted within the State of Michigan.

Each party is responsible for their own legal costs and arbitration expenses.

Class-action or collective legal claims are not permitted.

22. Governing Law

These Terms shall be governed by the laws of the State of Michigan.

23. Force Majeure

D-Ely shall not be liable for delays or failure to perform services due to circumstances beyond reasonable control including:

  • natural disasters

  • internet outages

  • government actions

  • infrastructure failures

  • cybersecurity incidents

  • third-party service disruptions

24. Children's Privacy

Our website and services are not intended for individuals under the age of 18.

We do not knowingly collect personal information from minors.

25. Policy Updates

D-Ely reserves the right to update this policy as necessary due to changes in law or business operations.

Updates will be posted with a revised date.

26. Contact Information

D-Ely
Owner: Dustin Ely
Email: dustin@elysystems.com
Website: https://elysystems.com