Terms of Service

1. Acceptance of Terms

By accessing or using the SitePenguin service, website, or applications (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. Use of the Service constitutes your acceptance of these Terms and our Privacy Policy.

2. Description of Service

SitePenguin provides an AI-powered website builder and related tools, hosting, and support (the "Service"). We reserve the right to modify, suspend, discontinue, or limit any aspect of the Service at any time, with or without notice. We do not guarantee that any feature or functionality will remain available.

3. Accounts

You must provide accurate, current, and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account.

4. Acceptable Use

You agree not to use the Service for any illegal purpose or in violation of any applicable laws; to harass, abuse, or harm others; to upload or distribute malware or harmful code; to scrape, reverse engineer, or attempt to extract source code or data from the Service except as permitted by law; to circumvent any usage limits or security measures; or to infringe the intellectual property or other rights of SitePenguin or third parties. We may suspend or terminate your access at any time for violation of these requirements.

5. Intellectual Property

5.1 Our Intellectual Property

All software, user interfaces, designs, branding, logos, text, graphics, and other materials provided by SitePenguin are owned by SitePenguin or its licensors. You receive only a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. You do not acquire any ownership or rights in our intellectual property. You may not copy, modify, distribute, or create derivative works from our Service or materials except as expressly permitted by us.

5.2 Your Content

You retain ownership of content you submit to the Service ("User Content"). By submitting User Content, you grant SitePenguin a worldwide, royalty-free, sublicensable license to use, host, store, reproduce, modify, and display such content as necessary to provide, improve, and promote the Service, and as described in our Privacy Policy.

6. Availability and Downtime

The Service is provided "as available." We do not guarantee uninterrupted or error-free access. We are not liable for any downtime, outages, interruptions, data loss, or service failures, whether due to our systems, third-party hosting providers, AI or other service providers, network issues, maintenance (with or without notice), force majeure, or otherwise. We may perform maintenance or updates at any time. Your sole remedy for any unavailability is to discontinue use of the Service.

7. Payments and Refunds

Paid plans are billed according to our then-current pricing. Fees are generally non-refundable unless required by applicable law or we expressly state otherwise. We may change pricing upon reasonable notice. You are responsible for any taxes applicable to your use of the Service.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice. You may stop using the Service at any time. Upon termination, your right to use the Service ceases immediately. We are not obligated to refund any prepaid fees for the remainder of the then-current period unless required by law. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SITEPENGUIN DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SITEPENGUIN, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY MAY BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless SitePenguin, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising out of or related to your use of the Service, your User Content, your violation of these Terms, or your violation of any third-party rights.

12. Assignment and Transfer

SitePenguin may assign or transfer its rights and obligations under these Terms, in whole or in part, at any time, including in connection with a merger, acquisition, sale of company or assets, reorganization, or other change of control. Such assignment or transfer may include the transfer of user data and personal information to the acquirer, successor, or assignee. Your continued use of the Service after any such assignment or transfer constitutes your acceptance of the assignee or successor as the party to these Terms.

13. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

14. Changes to Terms

We may update these Terms from time to time. We will post the updated Terms on this page and update the "Last updated" date. Your continued use of the Service after the posting of changes constitutes your acceptance of the revised Terms. For material changes, we may provide additional notice by email or through the Service.

15. Contact

For questions about these Terms of Service, please contact us at legal@sitepenguin.com or through our Support page.