Elite Guests — a product of David Media Group Inc.
Effective Date: August 19, 2026 · Last Updated: August 19, 2026
These Terms of Service ("Terms") are a binding agreement between David Media Group Inc., a New York corporation ("DMG," "we," "us," or "our"), and the business entity subscribing to Elite Guests ("Client," "you," or "your").
By checking the box indicating agreement to these Terms during signup, by clicking a button confirming your subscription, or by accessing or using the Service, you accept these Terms. If you are agreeing on behalf of a business, you represent that you have authority to bind that business.
If you do not agree to these Terms, do not use the Service.
"Service" means the Elite Guests platform, including app.eliteguests.co, the guest opt-in pages, the dashboard, message generation and scheduling features, and all related functionality.
"Guest" means an individual who opts in to receive messages from you through the Service.
"Guest Data" means personal information relating to Guests, including names, mobile numbers, consent records, visit information, and message engagement data.
"Messages" means SMS or MMS communications sent through the Service.
"Client Content" means videos, images, text, logos, offers, and other material you upload or provide.
Elite Guests enables hospitality businesses to collect Guest opt-ins through QR codes and links, and to send Guests automated and scheduled SMS communications, including welcome messages, review invitations, return-visit reminders, win-back messages, and marketing campaigns.
We may modify, improve, or discontinue features. We will give at least 30 days' notice before removing a material feature, except where removal is required for legal, security, or carrier-compliance reasons.
The Service is offered only to businesses, not to consumers, and only for messaging to United States mobile numbers.
You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for maintaining the confidentiality of your credentials. Notify us immediately at info@davidmediagroup.com of any unauthorized use.
PLEASE READ THIS SECTION CAREFULLY. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AND YOUR PAYMENT METHOD WILL BE CHARGED ON A RECURRING BASIS UNTIL YOU CANCEL.
A one-time activation fee is charged immediately upon signup. The amount depends on your plan and is displayed at checkout before you provide payment information. This fee covers account setup and A2P 10DLC carrier registration.
The activation fee is non-refundable once carrier registration has been submitted, because it funds a third-party process that cannot be reversed. If you cancel before we submit registration, the activation fee is refunded in full.
New Clients receive a 14-day free trial beginning on the signup date. No subscription fee is charged during the trial.
If you do not cancel before the trial ends, your subscription begins automatically and your payment method will be charged the plan rate. The exact date and amount of your first charge are displayed at checkout before you provide payment information, and are confirmed in your welcome email.
Your plan rate, its included monthly message allowance, the overage rate, and your renewal date are displayed at checkout before you provide payment information, confirmed in your welcome email, and available in your dashboard at any time.
Subscriptions renew monthly on the same calendar day and continue until cancelled. There is no minimum term or long-term contract.
We will send an email reminder before each renewal charge. If we change plan pricing, we will give at least 30 days' notice before the change applies to you, and you may cancel before it takes effect.
Each plan includes a monthly message allowance. Messages sent above your allowance are billed at the per-1,000-message overage rate shown for your plan at checkout and in your dashboard, charged per 1,000 messages or part thereof. Allowances do not roll over. Overage is billed with your next monthly charge.
You may cancel at any time from your account dashboard, with no phone call, no email, and no retention conversation required. Cancellation takes effect at the end of your current billing period.
You may also cancel by emailing info@davidmediagroup.com, but the dashboard route is always available and takes effect immediately upon confirmation.
Except as stated in Section 5.1, subscription fees are non-refundable, including for partial months and for periods of non-use. Cancelling stops future charges; it does not refund the current period.
This does not limit any right you may have under applicable law, and it does not affect your ability to dispute a charge with your card issuer.
If a payment fails, we may suspend the Service after notice and a reasonable opportunity to update your payment method. Accounts unpaid for 30 days may be terminated under Section 15.
THIS SECTION ALLOCATES SUBSTANTIAL LEGAL RESPONSIBILITY TO YOU. READ IT CAREFULLY.
You are the sender of record for every Message sent to your Guests. The Messages are from your business, in your name, to people who consented to hear from your business. We provide the technology that transmits them. We are your service provider, not the sender.
You represent, warrant, and covenant that, for every Guest you message:
You will not send Messages containing or promoting sex, hate speech, alcohol, firearms, tobacco, or cannabis ("SHAFT" categories), nor any content that is unlawful, deceptive, harassing, or infringing. Carriers restrict or prohibit this content regardless of consent, and violations can result in immediate suspension of your number.
YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS DMG AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY CLAIM, DEMAND, ACTION, REGULATORY PROCEEDING, LOSS, LIABILITY, DAMAGE, FINE, PENALTY, SETTLEMENT, COST, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO:
· ANY MESSAGE SENT THROUGH YOUR ACCOUNT
· ANY ALLEGATION THAT CONSENT WAS ABSENT, INVALID, REVOKED, OR IMPROPERLY OBTAINED
· YOUR CLIENT CONTENT
· YOUR BREACH OF THIS SECTION 6 OR OF THESE TERMS
· YOUR VIOLATION OF ANY LAW OR THIRD-PARTY RIGHT
This obligation survives termination. We will notify you promptly of any claim, allow you to control the defense with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle any claim in a way that imposes obligation or admits fault on our part without our written consent.
With respect to Guest Data, you are the controller and we are the service provider. We process Guest Data solely to provide the Service, on your documented instructions, and for no other purpose. We do not sell Guest Data, do not use it for our own marketing, do not use it to train artificial intelligence models, and do not use one Client's Guest Data for the benefit of another Client.
Your Guest list belongs to you. You may export your Guest Data at any time from the dashboard, in a standard machine-readable format, including during and after cancellation.
We retain Guest Data for 90 days after termination to allow export, then delete or de-identify it. You may request earlier deletion. We retain SMS consent records for 5 years as described in our Privacy Policy, because both parties may need them to demonstrate consent in a dispute.
You will provide Guests with any notice required by law, respond to Guest requests to access, correct, or delete their information, and not upload special categories of personal information, including health, biometric, financial account, or government identification data. We will assist with Guest requests routed to us.
The Service requires A2P 10DLC registration with U.S. mobile carriers for your dedicated number. We prepare and submit this registration on your behalf and manage the process.
Approval is granted by carriers and third-party registries, not by us. We do not control and cannot guarantee approval, the timeline, or the throughput assigned to your number. Registration typically takes one to three weeks and can take six weeks or longer. Carriers may reject a registration, require changes, or revoke approval at any time for reasons outside our control.
If your registration is rejected for reasons we can remedy, we will remedy and resubmit at no additional charge. If registration is ultimately denied and the denial does not arise from your acts, omissions, or business category, you may cancel for a full refund of the activation fee and any subscription fees charged.
WE DO NOT GUARANTEE ANY SPECIFIC RESULT, INCLUDING GUEST RETURN RATES, REVENUE, REVIEW VOLUME, RATINGS, OR RETURN ON INVESTMENT.
Any figures, calculators, projections, statistics, examples, or case studies presented on our website or in our marketing are illustrative estimates based on stated assumptions, not promises or predictions of your results. Actual outcomes depend on factors we do not control, including your offer, your Guest experience, your list size and quality, your market, your pricing, and how you use the Service.
Industry statistics we cite are drawn from third-party sources and describe general market conditions, not your business.
You will not: reverse engineer, decompile, or attempt to derive the source code of the Service; resell, sublicense, or provide the Service to third parties except as expressly permitted for locations you operate or manage; circumvent message limits or usage restrictions; upload malicious code; interfere with or place undue load on the Service; use the Service to send messages on behalf of a business other than your own without our written agreement; or use the Service in violation of any law.
The Service, including all software, design, text, and branding, is owned by DMG and protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription. No other rights are granted.
You retain all rights in your Client Content. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, adapt, and transmit Client Content solely to provide the Service. This license ends when you delete the content or terminate, except for backups retained per Section 7.3.
You represent that you own or have all necessary rights in Client Content, including rights to any music, footage, likenesses, and trademarks it contains.
If you send us suggestions, we may use them without obligation or compensation.
The Service relies on third-party providers including hosting, database, messaging, and payment processors. Their availability and performance are outside our control, and we are not liable for their acts, omissions, outages, or changes. Where you connect a third-party account, such as a Google Business Profile, your use of that service is governed by that provider's terms.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DMG DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT MESSAGES WILL BE DELIVERED TO EVERY RECIPIENT, OR THAT CARRIERS WILL NOT FILTER, DELAY, OR BLOCK MESSAGES. MESSAGE DELIVERY DEPENDS ON CARRIER NETWORKS WE DO NOT CONTROL.
WE ARE NOT A LAW FIRM AND DO NOT PROVIDE LEGAL ADVICE. NOTHING IN THE SERVICE, ITS TEMPLATES, ITS GENERATED MESSAGE COPY, OR ITS COMPLIANCE FEATURES CONSTITUTES LEGAL ADVICE OR ASSURES COMPLIANCE WITH THE TCPA OR ANY OTHER LAW. YOU ARE RESPONSIBLE FOR OBTAINING YOUR OWN LEGAL COUNSEL.
Some jurisdictions do not allow exclusion of certain warranties, so some exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.
DMG'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These limits do not apply to: your indemnification obligations under Section 6.4; your payment obligations; either party's fraud, willful misconduct, or gross negligence; or any liability that cannot be limited under applicable law.
Some jurisdictions do not allow certain limitations, so some may not apply to you.
These Terms begin when you accept them and continue until terminated.
You may terminate at any time under Section 5.5.
We may suspend or terminate immediately if you breach Section 6 or Section 10, if a carrier requires it, if your account presents a security or legal risk, or if payment is unpaid for 30 days. For other breaches, we will give notice and 10 days to cure. We may terminate for convenience on 30 days' notice with a pro-rata refund of prepaid fees.
On termination: your license ends, access ceases, and Section 7.3 governs your data. Sections 6.4, 7.3, 9, 11.1, 13, 14, 16, 17, and 18 survive.
PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION.
Before filing anything, the parties will attempt to resolve the dispute informally. Send written notice describing the dispute and the relief sought to info@davidmediagroup.com. The parties will confer in good faith for 30 days.
If not resolved, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in Kings County, New York, or by videoconference at either party's election. The Federal Arbitration Act governs. Judgment may be entered in any court of competent jurisdiction.
THE PARTIES WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING IT.
If this waiver is found unenforceable as to any claim, that claim proceeds in court and the rest of this Section 16 remains in effect.
Either party may bring an individual action in small claims court if it qualifies.
Either party may seek injunctive relief in court to protect intellectual property or confidential information.
You may opt out of this arbitration agreement by emailing info@davidmediagroup.com within 30 days of first accepting these Terms, stating your name, business name, and that you opt out of arbitration. Opting out affects nothing else in these Terms and will not affect your account.
We will pay AAA filing and arbitrator fees for claims under $10,000 where you have complied with Section 16.1. Otherwise fees are allocated under AAA rules. Each party bears its own attorneys' fees unless law or the arbitrator provides otherwise.
These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles. Subject to Section 16, the exclusive venue for any action is the state and federal courts in Kings County, New York, and both parties consent to personal jurisdiction there.
This choice of law does not deprive you of the protection of mandatory consumer protection provisions of the jurisdiction where your business is located.
Entire agreement. These Terms and the Privacy Policy are the entire agreement and supersede all prior discussions.
Changes. We may modify these Terms. For material changes we will give at least 30 days' notice by email and by posting the updated Terms with a new date. Continued use after the effective date constitutes acceptance. If you do not agree, cancel before the change takes effect. We retain prior versions and will provide a copy on request.
Severability. If any provision is unenforceable, it is modified to the minimum extent necessary or severed, and the remainder stays in force.
No waiver. Failure to enforce any provision is not a waiver.
Assignment. You may not assign these Terms without our written consent, except to a successor to substantially all of your business with notice to us. We may assign in connection with a merger, acquisition, or sale of assets.
Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, including carrier outages, provider failures, natural disasters, and government action. Payment obligations are not excused.
Notices. Notices to you go to the email on your account and are deemed received on the next business day. Notices to us go to info@davidmediagroup.com and, for legal notices, to David Media Group Inc., 367 St Marks Ave #1200, Brooklyn, NY 11238.
Relationship. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, or employment relationship.
No third-party beneficiaries. These Terms create no rights in any third party, including Guests.
Published at eliteguests.co/terms-of-service.