Terms of Service

Agreement to Terms

By accessing or using the services provided by SmashWebs, Inc. ("SmashWebs," "we," "us," or "our"), including our website at smashwebs.com and our website builder platform, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our services. We may require you to affirmatively accept these terms (for example, by checking a box) when you create an account, publish a website, or make a purchase.

Description of Services

SmashWebs provides an AI-powered website builder and hosting platform for professionals and businesses. Our services include website generation, hosting, domain registration and management, contact-form lead capture, content updates, and related tools available through our platform. We also offer custom web development, application development, and consulting services on a project basis.

Accounts

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that violate these terms.

Subscriptions and Billing

• Building a website is free and does not require a payment method. Publishing a website live requires a payment method and starts a 14-day free trial of your selected plan.
• Paid plans are billed monthly or annually, depending on the plan you select.
• Automatic renewal. Your subscription automatically renews at the end of each billing period, and the payment method on file is charged the then-current plan price, until you cancel. The renewal terms and price are also presented to you, and you consent to them, at the time you add a payment method.
• You can cancel at any time from your account billing page. Cancellation is self-serve, takes effect at the end of your current billing period, and your access continues until then.
• We email you at least 3 days before your first charge after a free trial.
• We may change subscription pricing with at least 30 days' notice. Price changes do not affect your current billing period.
• Refunds are governed by our Refund & Cancellation Policy.

Free Trials

Building a website on SmashWebs is free and does not require a credit card. When you publish a website, you start a 14-day free trial of your selected plan and add a payment method. During the trial you have access to every feature of that plan. At the end of the trial your subscription begins and your payment method is charged the plan price, then it renews automatically until you cancel. We email you at least 3 days before the first charge. You can cancel any time before the trial ends from your account, at no cost, and your site returns to a private draft. Trial availability and duration may change at our discretion.

Domains

Domains you already own (connecting). If you connect a domain you registered elsewhere, you remain responsible for maintaining that registration and its renewal with your registrar. You are responsible for making the DNS changes we provide; your site will not resolve on that domain until those changes are made and propagate, which can take time and is outside our control.

Domains you buy through SmashWebs. When you purchase a domain through our platform, SmashWebs acts as a reseller and registers and manages the domain on your behalf through our upstream registrar. For operational reasons SmashWebs is listed as the registrant contact of record, and the price you pay includes our management fee (a markup over the wholesale registration cost). The domain is registered for your use and benefit, and you may request that it be transferred to a registrar account in your own name at any time (see "Transferring a domain out" below).

• Automatic renewal. To keep your domain from expiring, we automatically charge the payment method on file to renew it, typically around 30 days before its expiration date, at the then-current renewal price shown to you at purchase. You consent to this automatic renewal at the time of purchase. You may ask us to disable auto-renewal or let the domain lapse by contacting us.
• Non-refundable. Domain registrations and renewals are non-refundable once the domain is registered or renewed, because the cost is incurred with the registry and cannot be reversed.
• Transferring a domain out. You may request transfer of a domain you purchased through us to another registrar. Upon request we will unlock the domain and provide the authorization (EPP) code needed to transfer it, subject to ICANN rules including the 60-day lock that applies after an initial registration or a prior transfer. Any transfer fee, if applicable, will be disclosed before you incur it.
• Lapse. If a renewal cannot be completed (for example, your payment method fails), the domain may expire and enter the registry's redemption or deletion cycle, after which it may become unavailable. We are not responsible for a domain lost because a renewal could not be charged.
• Domain registrations are also subject to the policies of ICANN and the applicable registry and registrar, which govern registrant rights and responsibilities.

Lead Capture and Contact Forms

• Published sites may include contact or lead-capture forms. Submissions are stored in your dashboard, which is the system of record, and we also attempt, on a best-effort basis, to notify you by email.
• Lead capture, storage, spam filtering, and email delivery are provided on an "as is" and "as available" basis. We do not guarantee that any submission will be captured, stored, filtered correctly, delivered, or delivered on time, and we are not liable for any lead, message, or business opportunity that is lost, missed, delayed, misclassified as spam, or that reaches you as spam.
• Automated spam filtering is imperfect and may misclassify legitimate submissions or fail to catch unwanted ones. Email delivery depends on third parties and recipient mail systems that are outside our control.
• Lead capture requires an active, published subscription. Submissions made while a site is unpublished, suspended, or past due may not be captured or delivered.
• You are responsible for regularly reviewing submissions in your dashboard rather than relying solely on email notifications.

No Guarantee of Results

SmashWebs provides tools to build and host a website and capture inquiries. We do not guarantee any particular result, including website traffic, search-engine ranking, visibility, leads, inquiries, clients, revenue, or business outcomes. Any examples, statistics, or statements about potential results are illustrative only and are not a promise or warranty of results for you.

AI-Generated Content

• Websites created through our platform are generated using artificial intelligence based on information you provide.
• You are responsible for reviewing all AI-generated content on your website for accuracy, appropriateness, and compliance with applicable laws and regulations, and you acknowledge that you have the opportunity to review and edit it before publishing.
• SmashWebs does not guarantee that AI-generated content is free from errors, omissions, or inaccuracies, and AI output may unintentionally resemble existing works. You are responsible for ensuring your published content does not infringe any third-party rights.
• Certain professions (such as attorneys, medical professionals, accountants, and financial advisors) are subject to advertising and communication rules set by licensing bodies. You are solely responsible for ensuring your website content complies with any professional regulations that apply to you, and nothing generated by our platform is legal, tax, financial, medical, or other professional advice.
• We recommend reviewing your website content before publishing and periodically thereafter.

Ownership of Content

• You retain ownership of the business information and content you provide to us, and, as between you and SmashWebs, of the resulting text and content generated for your website.
• SmashWebs retains all rights in its platform, software, templates, designs, and underlying technology, which are not transferred to you.
• By using our services, you grant SmashWebs a license to use your content as necessary to provide the services (including generating, hosting, and displaying your website).
• You represent that you have the right to provide any content you submit and that it does not infringe on the rights of any third party.

Your Content and Conduct

• You are solely responsible for the content you publish through our services and for any content submitted to you through your forms. SmashWebs does not pre-screen, monitor, or endorse user content, and is not responsible or liable for it.
• To the extent applicable, SmashWebs is a provider of an interactive computer service under Section 230 of the Communications Decency Act and is not the publisher or speaker of content provided by you or by visitors to your site.
• Your use of the services is also governed by our Acceptable Use Policy. We may remove content or suspend or terminate access, in our sole discretion, without prior notice and without liability, for content or conduct we believe violates these terms, the Acceptable Use Policy, or applicable law.

Copyright and DMCA

We respect intellectual property rights and respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. To submit a notice, or to learn about our counter-notice process and our policy of terminating repeat infringers, see our Copyright / DMCA Policy.

Website Hosting, Data, and Backups

• Hosting is included with all active subscriptions. We strive for high availability but do not guarantee uninterrupted, timely, secure, or error-free service, and we do not offer a specific uptime commitment.
• We are not liable for downtime, delays, data loss, or other issues caused by maintenance, updates, or circumstances beyond our reasonable control, including outages or failures of third-party providers we rely on (such as hosting, database, email, payment, and domain providers).
• We do not warrant against the loss or corruption of data. Any backups we maintain are on a best-effort basis with no guarantee of availability or successful restoration. You are responsible for keeping your own copies of any content and data that is important to you.
• If your subscription ends, your website will remain accessible for 30 days. After that, it may be taken offline and archived.

Acceptable Use

You must comply with our Acceptable Use Policy, which prohibits, among other things, unlawful content and activity, infringement, malware, spam, fraud, harassment, and abuse of the platform. We reserve the right to suspend or terminate your access, in our sole discretion, if we determine you have violated it.

Third-Party Services and Force Majeure

Our services rely on third-party providers for hosting, data storage, email delivery, payment processing, domain registration, and AI generation. We are not responsible for the acts, omissions, outages, or changes of those providers. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, cyberattacks, or third-party provider outages.

Marketing Statements

Statements on our marketing pages are general descriptions of our services and are not warranties or guarantees. In the event of any conflict between a marketing statement and these terms, these terms control.

Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that our services will be uninterrupted, timely, error-free, secure, or that they will produce any particular result.

Limitation of Liability

To the maximum extent permitted by law, SmashWebs and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, business, leads, opportunities, or goodwill, arising from or related to your use of or inability to use our services, even if we have been advised of the possibility of such damages, and even if a remedy fails of its essential purpose.

Our total aggregate liability for any and all claims arising from or related to these terms or our services shall not exceed the greater of (a) the total amounts you paid us in the 12 months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

The exclusions and limitations in this section do not apply to your indemnification obligations, your breach of the Acceptable Use Policy or of our or a third party's intellectual-property rights, or your unlawful conduct. These limitations form an essential basis of the bargain between you and SmashWebs and apply to the fullest extent permitted by law; some jurisdictions do not allow certain limitations, in which case the limitations apply to the fullest extent permitted.

Indemnification

You agree to indemnify, defend, and hold harmless SmashWebs, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of our services, your content or your website, your violation of these terms or the Acceptable Use Policy, or your violation of any rights of a third party or any applicable law.

Dispute Resolution; Arbitration; Class-Action Waiver

Please read this section carefully; it affects your legal rights. Except for claims that may be brought in small-claims court, and except for requests for injunctive relief to protect intellectual property, you and SmashWebs agree to resolve any dispute arising from or relating to these terms or our services through binding individual arbitration, rather than in court. The arbitration will be administered by a recognized arbitration provider under its consumer rules, and judgment on the award may be entered in any court of competent jurisdiction.

Class-action and jury waiver. You and SmashWebs agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. You and SmashWebs waive any right to a jury trial.

You may opt out of this arbitration agreement by emailing legal@smashwebs.com within 30 days of first accepting these terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these terms.

Governing Law

These terms are governed by the laws of the State of Nebraska, without regard to its conflict of laws provisions. Subject to the Dispute Resolution section above, any disputes shall be resolved in the state or federal courts located in Douglas County, Nebraska, and you consent to their jurisdiction and venue.

General

• Entire agreement. These terms, together with the policies referenced here, are the entire agreement between you and SmashWebs regarding the services and supersede any prior agreements.
• Severability. If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Survival. Provisions that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) survive.
• Notices. We may provide notices to you by email or through the platform.

Changes to These Terms

We may update these Terms of Service from time to time. We will notify you of material changes by posting the updated terms on this page with a revised "Last updated" date and, where appropriate, by email or through the platform. Your continued use of our services after changes are posted constitutes your acceptance of the updated terms.

Contact Us

If you have questions about these Terms of Service, contact us at:

SmashWebs, Inc.
15858 W. Dodge Rd, Suite 300
Omaha, NE 68118
legal@smashwebs.com
(402) 880-3444