Terms of Service

By creating an account, clicking a control that says you accept these Terms, or continuing to use the Service, you acknowledge that you have read and understood them and that they form a legally binding contract between you and us.

If you are accepting on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

sitelaunch is software that lets a business publish a website and sell from it. We provide the tools. We do not sell your products, we do not take your customers’ money, and we are not a party to any sale you make.

We are not a payment processor, a marketplace, a bank, a money transmitter, or a merchant of record for your sales. You connect your own payment account, and payments from your customers go to that account. We take no percentage of your sales.

The only money we charge you is the subscription fee described in Section 4.

Optional partner services. Some services in the console are provided by a partner, such as feedlaunch for posting to your social media. Each is off until you choose it. A partner’s service is provided by that partner under its own terms, which you are shown and agree to before it starts. The partner, not us, provides that service and charges for it, and we are not a party to your agreement with the partner beyond passing on the details you ask us to.

You must be at least eighteen (18) years old and able to form a binding contract to hold an account. You must give accurate, complete and current information when you create your account and keep it up to date.

You are responsible for keeping your password, API keys and assistant connections safe, and for everything that happens under your account, whether or not you authorized it.

Tell us immediately at security@sitelaunch.io if you believe your account has been used without your permission.

The Service is sold as a monthly subscription. The fee is the one shown to you at the time you subscribe and on the Billing page in your console. It is billed in advance and renews automatically each month until it is canceled.

You may cancel at any time from the Billing page in your console. Cancellation takes effect at the end of the period you have already paid for: your store keeps working until that date and is not billed again. We do not provide partial or pro-rata refunds for a period you have already started, except where the law requires it.

If a payment fails, we may suspend the ability to make changes to your account after a grace period. Your published store may stop being served while an account is unpaid.

Someone else may be paying for your account. If an agency, reseller or other person pays your subscription on your behalf, your access to the Service depends on their payments to us as well as on your own. If their own account with us lapses, we may lock your account until it is put right. Locking means your console and your published store stop being available; nothing is deleted, and everything is restored when their account is in good standing again. Whatever you have agreed with the person who pays for you is between you and them, and does not change this.

If you start a partner’s plan from the console (see Section 2), the partner charges the card you saved with us for its own price, and only after you agree to its terms. That charge is the partner’s, not part of your subscription, and you cancel it with the partner.

We may change the subscription fee. If we do, we will tell you by email at least thirty (30) days before the change takes effect, and you may cancel before then if you do not want to continue at the new price.

If we terminate your account for convenience during a period you have paid for, we will refund the unused part of that period.

You keep ownership of everything you put into the Service: your business details, your words, your images, your products, and your customer records ("Your Content").

You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt and publicly display Your Content solely so that we can operate and provide the Service, including publishing it on your storefront and showing it to your customers. This license ends when you delete the content or close your account, except for copies retained in backups for the period described in our Privacy Policy.

You are responsible for what you sell and for what you say about it: your prices, your descriptions, your delivery promises, your own refund policy, and compliance with every law that applies to your business, including consumer protection, advertising, licensing and tax law.

You are the seller in every sale you make through your storefront. Your customers’ payments, refunds, chargebacks, taxes and tax reporting are yours, not ours. If a customer disputes a charge, that dispute is between that customer, you, and your payment provider.

The Service can generate a starting privacy policy and set of terms for your own store from the facts your store records. Those documents are a starting point and a convenience. They are not legal advice, we do not warrant that they are adequate for your business, and you remain responsible for the documents you publish.

The Service supports digital products, services and appointments, online courses, and website templates.

The Service has no facility for shipping physical goods. There is no address capture for delivery, no shipping rate, no carrier integration and no tracking. You must not use the Service to sell an item that has to be shipped to a buyer, and you must not describe an item sold through it as one that will be shipped.

You must also not sell anything your connected payment provider prohibits. Your payment provider’s rules apply to your sales in addition to these Terms, and they may refuse or reverse a payment regardless of anything we do.

A storefront published through sitelaunch belongs to the business that runs it, not to us. When you buy from one, your contract is with that business.

That business sets the price, provides what you bought, decides its own refund policy, and is responsible for answering you. Your payment goes to that business’s payment account, not to us.

Questions, refunds and complaints about an order should go to the business you bought from. Their contact details are on their site and on your receipt. We can sometimes help a buyer reach a merchant, but we are not the seller and cannot refund a sale we never received.

You agree not to use the Service to:

• break any law or regulation that applies to you;
• infringe anyone’s intellectual property, privacy or other rights;
• publish or transmit content that is unlawful, harassing, defamatory or obscene, or that contains other people’s personal information without a lawful basis for it;
• deceive your customers, including misrepresenting who you are, what they are buying, or when they will receive it;
• introduce malware or other harmful code;
• gain or attempt to gain unauthorized access to the Service, to another account, or to any system connected to it;
• interfere with the integrity, security or performance of the Service;
• reverse engineer, decompile or disassemble any part of the Service, except where applicable law gives you a right that cannot be waived by contract;
• build a product whose main purpose is to replicate or substitute for the Service; or
• produce, store or distribute sexual content involving minors. This is absolutely prohibited, will result in immediate termination without notice, and will be reported to the National Center for Missing and Exploited Children and to law enforcement.

The Service can write suggested copy for your store, and can run an assistant on your storefront that answers questions from your visitors using the information your store holds.

These features send the relevant content to a third-party model provider so that a response can be produced. The provider is named in our Privacy Policy.

Generated text can be wrong. You are responsible for reading anything the Service suggests before you publish it, and for what your store says once it is published. We do not warrant that generated content is accurate, complete, or suitable for your business.

You may also connect an outside assistant, such as Claude or ChatGPT, to your store. If you do, you are choosing to send your store’s data to that provider, under that provider’s own terms and privacy policy. You can disconnect it at any time from your console, and every change an assistant makes is recorded and reversible there.

You may connect a domain you own. You are responsible for registering it, keeping it registered, and for the DNS records that point it at the Service.

We provision and renew a TLS certificate for a connected domain while your subscription is active. We may stop serving a domain that is used unlawfully, that infringes a third party’s rights, or whose registration or DNS we can no longer verify.

To investigate a problem you have reported, an authorized member of our team may open your account and see it as you would see it. Every such session requires a stated reason and is recorded before access is granted. This is described further in our Privacy Policy.

The Service itself, including its software, designs, templates, documentation and trademarks, belongs to us or to our licensors and is protected by intellectual property law. Except for the rights expressly granted in these Terms, nothing grants you any right or license in it.

While your subscription is active, you may use the templates and design assets we provide for your own storefront. You may not redistribute, resell or sublicense them on their own, except through a feature of the Service that is expressly provided for that purpose and on the terms shown there.

We may suspend your access immediately and without prior notice for a material breach of these Terms, for suspected illegal activity, for conduct that threatens the security or availability of the Service, or for non-payment.

We may terminate your account for convenience on fifteen (15) days’ written notice to the email address on your account, with the refund described in Section 4.

You may close your account at any time from your console.

When an account ends, your storefront stops being served and your right to use the Service stops immediately. You are responsible for taking a copy of anything you want to keep. What happens to your data after that is described in our Privacy Policy.

Sections 2, 5, 6, 7, 12, 14, 15, 16, 17, 18 and 21 survive the end of these Terms.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE, THAT ANY DEFECT WILL BE CORRECTED, OR THAT ANY CONTENT OR GENERATED SUGGESTION WILL BE ACCURATE.

WE DO NOT PROMISE THAT YOU WILL MAKE ANY SALES, EARN ANY REVENUE, RECEIVE ANY PARTICULAR AMOUNT OF TRAFFIC, OR APPEAR IN ANY SEARCH RESULT. NOTHING ON OUR MARKETING PAGES IS A GUARANTEE OF A BUSINESS RESULT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS.

THESE LIMITS DO NOT APPLY TO YOUR OBLIGATIONS UNDER SECTION 16, TO YOUR BREACH OF SECTION 8, TO EITHER PARTY’S FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR TO ANY LIABILITY THAT CANNOT BE LIMITED BY LAW.

You agree to defend, indemnify and hold us and our affiliates harmless from any claim, damage, liability, loss, cost or expense, including reasonable legal fees, arising out of or related to: your use of the Service; Your Content; anything you sell or say you will provide; your breach of these Terms; or your violation of anyone else’s rights.

Your obligations under this Section are not subject to the cap in Section 15 and survive the end of these Terms.

We will tell you promptly about a claim we want indemnified and will cooperate reasonably in its defense. You control the defense and settlement, except that you may not settle in a way that imposes an obligation on us or admits liability on our behalf without our prior written consent.

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Please read this Section carefully. It affects how disputes between us are resolved.

Before starting a formal proceeding, you agree to contact us at legal@sitelaunch.io and give us thirty (30) days to try to resolve the matter informally.

If we cannot resolve it, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, seated in Orlando, Orange County, Florida. For a claim brought by a consumer, the JAMS Consumer Minimum Standards also apply.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY INDIVIDUALLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. An arbitrator may not consolidate more than one person’s claims or preside over any form of class proceeding.

You may opt out of this arbitration agreement by sending written notice to legal@sitelaunch.io within thirty (30) days of first accepting these Terms. The notice must include the name on your account and a clear statement that you are opting out of arbitration. Opting out does not affect anything else in these Terms.

Either of us may bring an individual claim in small claims court in Orange County, Florida instead of arbitration, if the claim qualifies. Either of us may also ask any court of competent jurisdiction for an injunction to protect intellectual property or to prevent irreparable harm.

If the class action waiver in this Section is held unenforceable for a particular claim, that claim alone will be severed and may proceed in the state and federal courts located in Orange County, Florida, and the rest of the dispute will proceed in arbitration.

We may revise these Terms. The current version number and effective date appear at the top of this page.

Changes that do not affect your rights, such as formatting, clarifications or updated contact details, take effect when they are posted.

Material changes, such as changes to fees, dispute resolution, liability or the license you grant, will be sent to you by email at least thirty (30) days before they take effect, and will require your acceptance before you continue using the Service.

Neither party is liable for a failure or delay caused by something beyond its reasonable control, including acts of God, war, terrorism, epidemic, government action, natural disaster, fire, flood, labor dispute, infrastructure or third-party provider outage, cyberattack or internet disruption, provided the affected party gives prompt notice and makes reasonable efforts to resume.

Notices. Legal notices to us must be in writing to legal@sitelaunch.io. Notices to you go to the email address on your account and are treated as received on the next business day.

Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization or sale of substantially all of our assets. Any assignment in breach of this is void.

Entire agreement. These Terms, together with our Privacy Policy and any other agreement you accept in the Service, are the entire agreement between us about the Service and replace anything said before, including marketing material.

Waiver. A failure to enforce a right is not a waiver of it. No waiver is effective unless it is in writing.

Severability. If any provision is held invalid or unenforceable, it will be enforced as far as it can be and the rest of these Terms will continue in force.

PostGrad, LLC, Orange County, Florida, United States.

Questions about these Terms: legal@sitelaunch.io. Help with your account: support@sitelaunch.io.