Terms & Conditions
Last updated: April 26, 2025
These Terms of Service ("Agreement") govern your receipt, access to, and use of the services provided by WebSmart ("Platform"). By: (A) Purchasing access through an online order referencing this Agreement; (B) Signing up for a free/paid plan via a channel referencing this Agreement; or (C) Checking an acceptance box, you agree to be bound by these terms. The individual accepting this Agreement represents a company or legal entity ("Customer") and warrants authority to bind such entity. If unauthorized or if the entity disagrees, acceptance is void. Capitalized terms are defined herein. The parties agree as follows:
1. The Service
1.1 Service Description
WebSmart provides a cloud-based website-building and digital marketing platform ("Service"). All content configured, uploaded, or used by Customer (including templates, text, media) constitutes "User Submissions." Customer is solely responsible for User Submissions. The Service may include templates, scripts, and documentation ("Platform Content"). Customer does not receive ownership of the underlying software or code ("Software").
1.2 Subscription
Customer may subscribe via orders on WebSmart's website ("Order(s)"). Subscriptions are for the period stated in the Order. Access is limited to authorized Users for internal business purposes only.
1.3 Ownership
WebSmart retains all rights to the Service, Software, Platform Content, and related technology ("Platform Assets"). No implied licenses are granted.
1.4 Permissions
Customer manages permissions for User access. Affiliates using the Service are bound by this Agreement, and Customer assumes liability for their compliance.
2. Restrictions
2.1 Customer Responsibilities
Customer is responsible for account activity (excluding breaches due to Service vulnerabilities). Users must comply with this Agreement.
2.2 Prohibited Uses
Customer and Users shall not:
- Modify, reverse engineer, resell, or exploit the Service for competitive purposes;
- Use the Service unlawfully or disrupt its security. WebSmart may suspend access for violations and notify Customer to resolve issues.
WebSmart may suspend access for violations and notify Customer to resolve issues.
2.3 API Limits
WebSmart may enforce API usage limits and suspend access at its discretion.
3. Third-Party Services
The Service may integrate third-party tools ("Third-Party Services"). Customer authorizes WebSmart to access Third-Party Services via provided credentials. WebSmart disclaims liability for Third-Party Services; disputes must be resolved directly with providers.
4. Financial Terms
4.1 Fees
Fees are as stated in the Order (USD default). Payments are non-cancelable and non-refundable unless stated. WebSmart may revise fees, and customers may decline renewal.
4.2 Payment
Fees are charged via credit card/ACH. Customers must maintain accurate payment details. Failure may result in suspension.
4.3 Taxes
Customer bears all taxes (excluding WebSmart’s income taxes).
4.4 Non-Payment
Overdue payments may lead to suspension. Disputes must be raised within 60 days.
5. Term & Termination
5.1 Subscription Term
Subscriptions begin on the Order start date. Non-renewal results in downgrade to a free tier.
5.2 Termination
Either party may terminate for material breach (30-day cure period). WebSmart may terminate free tiers at any time.
5.3 Post-Termination
Breaching party pays unpaid fees. Data is retained for 30 days post-termination; inactive accounts (>1 year) may be purged.
5.4 Survival
Ownership, Liability, Confidentiality, and General Terms survive termination.
6. Warranties & Disclaimers
6.1 Customer Warranty
User Submissions must comply with applicable laws.
6.2 Disclaimer
The service is provided "as is." WebSmart disclaims all warranties, including merchantability and fitness for purpose.
7. Liability Limitation
WebSmart is not liable for indirect, incidental, or consequential damages. Total liability caps at fees paid in the prior 12 months.
8. Confidentiality & Data
8.1 Confidentiality
Parties protect Confidential Information (e.g., business details, User Submissions). Exceptions include public or independently developed information.
8.2 Data Rights
Customer grants WebSmart a non-exclusive, worldwide, royalty-free license to use, process, and display User Submissions solely to operate and improve the Service. Service Data (aggregated and anonymized usage/performance metrics) is owned exclusively by WebSmart. WebSmart implements commercially reasonable security practices to protect Customer Data, including encryption and access controls, as further described in its internal policies.
9. General Terms
- Publicity: WebSmart may use Customer’s logo/name with consent.
- Force Majeure: Not liable for disruptions beyond reasonable control (e.g., natural disasters).
- Modifications: WebSmart may update terms with 30 days’ notice; core functionality maintained.
- Governing Law: Delaware law applies; disputes resolved in New Castle County courts.
- Entire Agreement: Supersedes prior agreements.
10. Contact Us
For questions, concerns, or requests regarding these Terms, contact: [email protected].