Terms of Service

Welcome to WebbsAI, an AI-powered website builder platform.By accessing or using our services, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully.

1. Acceptance of Terms

By using WebbsAI's services, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use our services.

2. Description of Service

WebbsAI provides an AI-powered website building platform. Our services include, but are not limited to, website creation, hosting, and AI-assisted design tools.

3. User Accounts

3.1. You must create an account to use our services. You are responsible for maintaining the confidentiality of your account information.
3.2. You must provide accurate and complete information when creating your account.
3.3. You are solely responsible for all activities that occur under your account.

4. Payment and Subscription

4.1. We use Stripe to process payments. By providing payment information, you agree to pay all charges at the prices then in effect for your subscription.
4.2. Subscriptions automatically renew unless cancelled before the renewal date.
4.3. We do not offer refunds. All sales are final.
4.4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

5. User Content and Conduct

5.1. You retain ownership of the content you create using our platform.
5.2. By using our services, you grant WebbsAI a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content for the purpose of providing and improving our services.
5.3. You agree not to use our services for any unlawful or prohibited purpose, including but not limited to:
- Creating or transmitting illegal, abusive, harassing, or obscene content
- Violating any applicable laws or regulations
- Infringing on the intellectual property rights of others
- Engaging in NSFW (Not Safe For Work) chats or creating NSFW content
5.4. We reserve the right to remove any content that violates these Terms or that we deem inappropriate.
5.5. You agree not to use our services to develop, train, or improve (directly or indirectly) any AI models, machine learning algorithms, or related technologies that compete with WebbsAI's services.

6. AI-Generated Content and Model Training

6.1. The websites and content generated through our AI tools may be used to retrain and improve our AI models.
6.2. By using our services, you acknowledge and agree that your interactions with our AI tools and the resulting output may be used for this purpose.
6.3. You acknowledge that the AI-generated content may not always be accurate, complete, or suitable for your intended purpose. You are responsible for reviewing, editing, and approving any AI-generated content before using it.
6.4. WebbsAI does not claim ownership of the output generated by our AI tools. However, we reserve the right to use anonymized data and patterns from user interactions to improve our services.

7. Data Storage and Security

7.1. Messages and data exchanged through our platform are stored on secure servers.
7.2. While we implement reasonable security measures, we cannot guarantee absolute security. You use our services at your own risk.
7.3. You are responsible for maintaining copies of your data stored on our platform. While we implement backup procedures, we do not guarantee the ability to restore lost data.

8. Intellectual Property Rights

8.1. WebbsAI and its licensors retain all rights, title, and interest in and to the services, including all related intellectual property rights.
8.2. You may not copy, modify, create derivative works, reverse engineer, decompile, or attempt to extract the source code of our software.
8.3. Any feedback, comments, or suggestions you may provide regarding WebbsAI or our services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions without any obligation to you.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10. Limitation of Liability

IN NO EVENT SHALL WEBBSAI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEBBSAI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO WEBBSAI IN THE PAST TWELVE MONTHS.

11. Indemnification

You agree to indemnify and hold WebbsAI harmless from any claims, losses, liability, or expenses (including attorneys' fees) that arise from your use of our services or violation of these Terms.

12. Modifications to the Service and Terms

12.1. We reserve the right to modify or discontinue our services at any time without notice.
12.2. We may revise these Terms from time to time. The most current version will always be posted on our website.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms or the services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Dispute Resolution

14.1. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Wilmington, Delaware, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.
14.2. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
14.3. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

15. Class Action Waiver

YOU AND WEBBSAI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our services and your purchase of products or services through our site.

17. Export Control

You may not use, export, re-export, import, sell or transfer any portion of the services except as authorized by U.S. law, the laws of the jurisdiction where you obtained the services, and any other applicable laws and regulations.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

19. Entire Agreement

These Terms constitute the entire agreement between you and WebbsAI regarding our services and supersede all prior agreements and understandings.

20. Contact Information

If you have any questions about these Terms, please contact us at sami@webbsai.com.

Last updated: 09/22/2024