Terms of Service

American Digital Marketing (“ADM,” “we,” “us”) provides Helm by American Digital Marine (the “Service”), a software platform for authorized dealership, brokerage, and service-yard personnel, and for customers those organizations invite to a portal.

The Service may include inventory and listing management (including imports, exports, and syndication such as BoatWizard / Boats Group); sales and CRM; actual cash value and deal tools; finance and insurance (F&I) deal jackets and documents; service requests, estimates, work orders, parts, and invoicing; a customer portal; electronic signature through DocuSign; and email or SMS notifications and verification.

The Service is a business software tool. ADM does not itself sell vessels, hold customer funds, act as broker-of-record, provide legal, tax, financing, or maritime advice, or guarantee that third-party marketplaces, lenders, title companies, or signature platforms will accept or display any document or listing. Contracts of sale, service authorizations, and similar agreements are between the Organization (or its customer) and the other parties to those documents—not with ADM—unless a separate written agreement says otherwise.

Staff users may register only if they are at least 18 years old and authorized to act on behalf of their brokerage, dealer, or organization (“Organization”). Customer-portal users may register only if invited or permitted by an Organization and if they are at least 18 (or the age of majority in their jurisdiction).

You represent that the information you provide is accurate and that you will keep your credentials confidential. You are responsible for all activity under your account. Notify us promptly at support@americandigitalmarketing.com of any unauthorized use.

Your Organization controls the business content it enters or imports (including listings, customer and vessel records, service and F&I files, and feeds such as BoatWizard or Boats Group). You are solely responsible for the accuracy, completeness, and legality of that content, including pricing, specifications, photos, disclaimers, co-brokerage terms, customer information, and compliance with advertising, brokerage, consumer, and privacy rules.

You grant ADM a non-exclusive license to host, encrypt, process, display within the Service, and transmit that data as you or your Organization direct (including export to third-party systems and sending documents to DocuSign). ADM does not warrant that syndicated or exported data will be accepted, displayed, or remain unchanged by third parties.

Industry disclaimers you publish on listings remain your responsibility. ADM does not substitute for your broker-of-record, dealer, or service-provider obligations or local regulations.

When your Organization uses the Service to send documents for signature, ADM transmits those documents to DocuSign, Inc. (or its affiliates) using DocuSign’s APIs. Signers receive DocuSign’s own signing experience and are subject to DocuSign’s terms and privacy notice in addition to these Terms.

ADM is not the notary, escrow agent, or party to the signed document. Certificate-of-completion, audit trail, and legally binding effect (if any) are provided by DocuSign and by applicable electronic-signature law (including ESIGN and state UETA), not by a signature widget built by ADM. Your Organization is responsible for using a production DocuSign account for legally binding envelopes; demo/sandbox envelopes are for testing only and are not intended to be legally binding.

You will only send envelopes to people who have a legitimate relationship to the deal, job, or Organization, and you will not use the Service to spam or to collect signatures under false pretenses.

The Service may send transactional email and SMS, including one-time passcodes to verify a phone number or account, and operational notices (for example that an estimate or document is ready). Message frequency varies. Message and data rates may apply.

Where SMS is used for verification or similar transactional messages, you (or the recipient) may opt out of further SMS from that program by replying STOP; reply HELP for help. Consent to receive SMS is not a condition of purchase. Marketing texts are sent only where a separate, documented consent exists. We do not sell or share mobile numbers for third-party marketing.

Delivery of SMS and email depends on carriers and providers (including Twilio and our email vendor). ADM does not guarantee delivery, timing, or that a recipient’s device can receive messages.

You will not:

• use the Service in violation of law, MLS or feed license terms, or telecommunications (including TCPA / A2P) rules;
• upload malware or attempt unauthorized access;
• scrape or reverse engineer the Service except as permitted by law;
• misrepresent vessel condition, ownership, or availability;
• use another user’s account;
• submit another person’s personal information without a lawful basis;
• interfere with Service operation.

We may suspend or terminate access for violation of these Terms or risk to the Service or other users, with or without notice where reasonably necessary.

Our collection and use of personal information are described in the Privacy Policy. The Service is hosted on third-party infrastructure (including Supabase and our cloud host).

Designated personal information (PII)—including names, contact details, addresses, and similar customer or staff identifiers, as well as F&I uploads and signed DocuSign archives we store—is encrypted at rest with AES-256-GCM before it is written to our database or object storage. Encryption keys are held by ADM and are not stored alongside the ciphertext. Data in transit to the Service is protected with TLS. Passwords are stored by our authentication provider using that provider’s hashing, not as ADM application-level PII ciphertext.

Some operational, listing, catalog, and system records are not treated as PII and are not encrypted with the same application-level cipher. Third parties that perform a service (for example DocuSign or Twilio) receive the information needed to perform that service and apply their own security. You and your Organization remain responsible for lawful collection and use of personal information you put in the Service.

ADM and its licensors own the Service, software, and branding. You retain ownership of your Organization’s listing content, customer records, and materials you upload. Feedback you provide may be used by ADM without obligation to you.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ADM IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR BUSINESS OPPORTUNITY, INCLUDING ANY CLAIM ARISING FROM A SIGNED OR UNSIGNED DOCUMENT, A FAILED SMS OR EMAIL, OR A THIRD-PARTY PLATFORM. ADM’S TOTAL LIABILITY ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID ADM FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) USD ONE HUNDRED ($100).

Some jurisdictions do not allow certain limitations; in those cases, limits apply only to the extent permitted.

You will defend and indemnify ADM against claims arising from your content, your use of the Service (including envelopes you send and SMS or email you cause to be sent), or your breach of these Terms.

We may update these Terms by posting a new version and updating the effective date. Continued use after changes constitutes acceptance. Material changes may require renewed acceptance where required by law.

These Terms are governed by the laws of the Commonwealth of Massachusetts, United States, without regard to conflict-of-law rules. Exclusive venue lies in the state or federal courts located in Suffolk County, Massachusetts, except where prohibited. You waive jury trial only if enforceable for your user type.

Questions about these Terms: support@americandigitalmarketing.com.