Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") form a binding agreement between you and Scott Cunningham ("Scott," "we," "us," or "our") and govern your access to and use of The Digital Debrief (the "Newsletter"), the website at scottcbusiness.com (the "Site"), and any related content, social channels, or communications (collectively, the "Services"). By subscribing, opening an email, or otherwise using the Services, you agree to these Terms. If you do not agree, do not subscribe or use the Services.

2. Eligibility

You must be at least 16 years old (or the age of digital consent in your jurisdiction) to subscribe. By subscribing, you represent that you meet this requirement and that the information you provide is accurate.

3. The Newsletter

The Newsletter delivers commentary, analysis, links, and curated content related to social media, content strategy, AI, marketing, and related topics. The Newsletter is currently offered free of charge; we do not collect payment, run a paywall, or operate paid tiers. We may, at our discretion, change frequency, format, topics, or pause or discontinue the Newsletter at any time without notice.

4. Email Delivery via beehiiv

The Newsletter is sent through beehiiv, Inc. ("beehiiv"), our email service provider. By subscribing, you also become subject to beehiiv's Terms of Use and Privacy Policy. beehiiv processes your email and engagement data on our behalf to deliver the Newsletter.

5. Subscriptions and Unsubscribing

You may subscribe by submitting a valid email address. You may unsubscribe at any time using the unsubscribe link included in every email or by contacting us. We reserve the right to remove, suspend, or block any subscriber at our sole discretion, including for abuse, unlawful activity, repeated bounces, or use that violates these Terms.

6. Acceptable Use

You agree not to:

• Use the Services for any unlawful, harmful, infringing, or fraudulent purpose;
• Subscribe using an email address you do not own or are not authorized to use, or use automated tools to subscribe in bulk;
• Republish, resell, redistribute, scrape, or systematically copy Newsletter content without written permission;
• Attempt to interfere with, disrupt, reverse engineer, or gain unauthorized access to the Services or to beehiiv's systems;
• Use the Services to train or fine-tune machine learning models, datasets, or AI systems without our prior written consent.

7. Intellectual Property

All content in the Newsletter and on the Site — including text, design, logos, graphics, and compilations — is owned by Scott Cunningham or licensed to us, and is protected by Canadian and international copyright, trademark, and other laws. Subject to these Terms, you are granted a limited, revocable, non-exclusive, non-transferable license to access and read the Newsletter for personal, non-commercial use. You may share individual issues or excerpts with clear attribution and a link back to the source.

8. Third-Party Links and Services

The Newsletter and Site may link to or embed third-party websites, products, tools, or services. We do not control and are not responsible for those third parties, their content, or their practices. Your use of any third-party service is at your own risk and subject to that party's terms.

9. No Professional Advice

Content is provided for general informational and editorial purposes only. It is not professional, legal, financial, tax, medical, or investment advice and should not be relied on as such. You are solely responsible for any decisions you make based on the content.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SCOTT CUNNINGHAM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATED TO THE SERVICES WILL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100).

12. Indemnification

You agree to indemnify and hold harmless Scott Cunningham from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from (a) your use of the Services, (b) your breach of these Terms, or (c) your violation of any law or third-party right.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without notice or cause. Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, and indemnification.

14. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date above reflects the most recent revision. Material changes will be communicated via the Newsletter or posted on this page. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. You agree that the courts located in Toronto, Ontario will have exclusive jurisdiction over any dispute arising from or relating to these Terms or the Services.

16. Severability and Entire Agreement

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services.

17. Contact

Questions about these Terms? Email scottcbusiness@protonmail.com.