Terms of Service

1. Agreement to These Terms

These Terms of Service govern access to and use of the Websting website, consultations, website services, hosting, maintenance, customer portals, artificial intelligence tools, subscriptions, project work, and related services.

“Websting,” “we,” “us,” and “our” refer to Websting and its operator, Brian Baker. “You” and “customer” refer to the person or organization accessing, purchasing, or using a Websting service.

By accessing a Websting service, creating an account, purchasing a service, approving a proposal, or authorizing work to begin, you agree to these Terms. If you act for an organization, you represent that you have authority to bind it.

2. Websting Services

Websting may provide website planning, design, development, setup, hosting, maintenance, domain assistance, managed software, AI tools, assistants, content and knowledge systems, portals, lead capture, project intake, automation, consulting, support, and related services.

The services included in a purchase will be described on the website, checkout page, proposal, statement of work, project brief, invoice, or another written agreement. A specific written agreement controls if it conflicts with these general Terms for that project.

3. Eligibility and Authority

You must be at least 18 years old and legally able to enter a binding agreement. You may not create an account or purchase services using false information or for another person or organization without authority.

Websting may decline work that is outside available services, violates these Terms, creates unreasonable legal or technical risk, or is otherwise inappropriate for Websting.

4. Accounts and Credentials

You agree to provide accurate account and billing information, protect your credentials, keep contact information current, and promptly report suspected unauthorized access. You are responsible for activity conducted through your account unless applicable law provides otherwise.

You may not share, transfer, resell, or use an account in a way that exceeds the users, credits, permissions, or service limits included with your plan.

5. Proposals, Scope, and Authorization

Custom work may be governed by a proposal, estimate, project brief, statement of work, invoice, email approval, or other written project description. The scope may identify included pages, features, revisions, customer responsibilities, fees, recurring charges, third-party costs, and exclusions.

Work may begin after Websting receives any required approval, payment, access, content, or information reasonably needed to start. Email approval, electronic acceptance, payment, or delivery of requested project materials may authorize Websting to begin.

Work outside the approved scope may require a separate estimate, revised schedule, or additional payment.

6. Customer Responsibilities

You are responsible for providing accurate, lawful, complete, and timely content, credentials, access, decisions, feedback, and approvals needed to perform the services.

• Review and approve pages, forms, links, prices, claims, policies, and content before publication
• Maintain source copies of important business records and materials
• Confirm that you have rights to all content and data you provide
• Maintain required licenses, registrations, consents, and industry compliance
• Respond to project requests within a reasonable time
• Protect account and domain credentials

Websting may rely on information and approvals you provide and is not responsible for losses caused by incomplete, inaccurate, outdated, unlawful, or delayed customer information.

7. Customer Content and Permissions

“Customer Content” includes text, images, files, logos, trademarks, data, prompts, uploads, documents, instructions, recordings, and other materials you provide or make available.

You retain ownership of Customer Content. You grant Websting a limited, nonexclusive license to access, copy, process, modify, display, transmit, host, back up, and use Customer Content as reasonably necessary to provide, secure, support, and administer the requested services and comply with law.

You represent that you own Customer Content or have permission to use it, and that Websting’s permitted use will not violate law, another agreement, or another person’s intellectual property, privacy, publicity, or other rights.

Websting may decline to publish or may remove content that appears unlawful, infringing, deceptive, malicious, exploitative, or inconsistent with these Terms.

8. Ownership and Licenses

Customer-owned materials

You retain ownership of your preexisting content, business name, branding, customer data, and domain names registered in your name.

Websting materials

Websting retains ownership of preexisting and reusable processes, templates, systems, code libraries, prompts, workflows, documentation, utilities, design systems, methods, and general knowledge.

Final custom deliverables

After full payment, you may use the final website pages and custom deliverables created specifically for your project for your own lawful business purposes, subject to third-party licenses and any written project agreement.

This does not transfer ownership of third-party software, fonts, media, themes, plugins, hosting systems, AI platforms, reusable Websting components, or subscription services. Websting may retain archival copies and reuse nonconfidential techniques and reusable components.

9. Third-Party Products and Providers

Websting services may depend on hosting companies, domain registrars, content management systems, website builders, themes, plugins, payment processors, email providers, analytics services, AI providers, automation platforms, and other third parties.

Third-party products are governed by their own terms, privacy policies, licenses, prices, limits, and availability. Websting does not control and is not responsible for third-party outages, security incidents, account actions, software changes, discontinued features, API limits, pricing changes, or independent data practices.

Websting may replace a third-party product with a reasonably comparable alternative when necessary. A tool or license advertised as included is available only while you maintain the eligible service, Websting maintains the applicable license, the provider continues to offer it, and it remains compatible.

10. Artificial Intelligence Services

Websting services may generate text, images, code, summaries, recommendations, plans, responses, or other output using artificial intelligence.

• AI output may be inaccurate, incomplete, outdated, biased, misleading, or unsuitable
• AI output may resemble output produced for other users
• Tools and models may fail, change, or become unavailable
• Human review is required before publishing, sending, or relying on important output
• Websting does not guarantee a particular result

AI output is not professional legal, medical, financial, tax, employment, safety, or other regulated advice. You are responsible for deciding whether an AI use is appropriate for your industry, customers, information, and legal obligations.

11. AI Prompts, Uploads, and Studio Data

The AI Tools Studio may store prompts, form responses, uploads, generated output, conversations, account information, usage, and credits to provide the requested features.

Websting does not use Studio content for advertising, profiling, data sales, or unrelated marketing. Websting may access limited Studio information only when reasonably necessary to provide requested support, administer an account, investigate misuse or security issues, comply with law, or process information you intentionally submit to Websting for a project.

Third-party portal and AI providers may process the information under their own terms, privacy policies, and service configurations. Do not enter sensitive or regulated information unless Websting has expressly confirmed that the service is appropriate for it.

12. Acceptable Use

You may not use Websting services to:

• Violate law or another person’s rights
• Distribute malware, spam, or unlawful marketing
• Attempt unauthorized access or circumvent service limits
• Facilitate fraud, deceptive impersonation, harassment, or threats
• Create or host unlawful discriminatory, exploitative, or abusive material
• Scrape or extract protected information without authorization
• Interfere with service operation or damage systems
• Resell, sublicense, or transfer a service without permission
• Make high-impact decisions solely from AI output without appropriate human review

Websting may investigate suspected misuse and restrict or terminate access when reasonably necessary to protect Websting, customers, providers, or third parties.

13. Hosting and Technical Services

Hosting and maintenance may include server resources, software updates, backups, monitoring, security configuration, domain assistance, and technical support, depending on the plan.

Hosting is not a guarantee of uninterrupted availability, perfect security, complete data recovery, compatibility with every browser or device, specific website speed, or a particular business result.

You should retain independent copies of important materials that cannot be recreated. Support for third-party code, plugins, integrations, or customer-made changes is not included unless expressly stated.

14. Domains and External Accounts

Domain names should generally be registered in the customer’s name or business name. You remain responsible for registration details, renewals, payment information, ownership verification, provider notices, and account security.

Websting is not responsible for a lost or suspended domain caused by expiration, inaccurate registration information, failed payment, registrar action, customer inaction, or events outside Websting’s reasonable control.

15. Fees, Taxes, and Payment

You agree to pay the charges shown at checkout or stated in an order, invoice, proposal, or service agreement. Charges may include setup, project, hosting, subscription, usage, credits, third-party purchases, and work outside the original scope.

Unless stated otherwise, charges are in United States dollars. You are responsible for applicable taxes and government charges other than taxes imposed on Websting’s net income.

Websting may pause work, withhold delivery, restrict access, suspend hosting, or terminate a service when an amount is overdue.

16. Recurring Subscriptions

Some services renew automatically on a monthly, annual, or other recurring basis. The order process should identify the recurring amount, billing frequency, any trial or introductory period, and the available cancellation method.

By purchasing a recurring service, you authorize Websting or its payment provider to charge the selected payment method at the stated interval until cancellation takes effect.

Prices may change. Websting will provide advance notice when legally required before charging an increased recurring price. A failed payment may result in service restriction, suspension, or termination after reasonable notice.

17. Credits and Usage Limits

Some plans include credits, tool runs, storage, documents, or other allowances. Unless expressly stated otherwise:

• Credits have no cash value and are not transferable or resalable
• Unused monthly credits do not roll over
• Credits may reset each billing period
• Promotional credits may expire
• Used credits and completed tool runs are nonrefundable
• Credit requirements and service limits may change as provider costs or technical requirements change

18. Cancellation

You may cancel a recurring subscription through the available account or billing controls or by contacting Websting. Cancellation stops future renewals after it becomes effective.

Unless otherwise stated, cancellation does not reverse charges already incurred, partial billing periods are not prorated, setup and project work already performed remains payable, and third-party costs already incurred remain payable.

You are responsible for exporting content you wish to retain before service ends. Websting may delete website files, account data, prompts, uploads, and backups after a reasonable transition period, subject to legal and recordkeeping requirements.

19. Refund Policy

Payments are nonrefundable once Websting has begun work on the applicable project or service.

Work may be considered begun when Websting performs planning, discovery, research, account or hosting setup, software installation, configuration, design, development, content organization, AI configuration, technical consultation, third-party purchasing, or resource allocation.

Setup fees, completed work, used credits, delivered services, domain charges, software charges, and third-party costs are nonrefundable. If work has not begun, Websting may consider a refund based on the circumstances and costs already incurred.

Websting may issue a credit or refund at its discretion. A discretionary resolution in one matter does not create an obligation in another. Nothing in this section limits nonwaivable consumer rights.

20. Delays and Inactive Projects

A project may be delayed or placed on hold if required content, access, payment, feedback, decisions, or approval is not provided.

If you do not respond for 30 days or more, Websting may classify the project as inactive, revise the schedule or price, require a restart fee, close the project, or archive or delete project materials after reasonable notice. Payment for work already performed remains due and nonrefundable.

21. Revisions and Additional Work

The included number and type of revisions may be limited by the applicable service description or proposal. A revision modifies work within the approved scope.

A new page, feature, concept, strategy, business direction, integration, or substantial restructuring may be treated as additional work and may require a new estimate and schedule.

22. Security Responsibilities

You are responsible for protecting passwords, limiting administrative access, using secure devices, maintaining current contact information, and promptly reporting suspected compromise.

Websting may require account verification, password changes, security updates, removal of vulnerable software, or other reasonable measures. No website, server, AI platform, or storage system is completely secure.

23. Privacy

Websting’s collection and use of personal information are described in the Privacy Policy, which is incorporated into these Terms by reference.

24. Confidentiality

Each party may receive nonpublic business, technical, customer, pricing, security, or project information from the other. The receiving party will use reasonable care to protect information marked confidential or that should reasonably be understood as confidential.

This obligation does not apply to information already lawfully known, independently developed, lawfully received from another source, made public without wrongdoing, or required to be disclosed by law.

25. Service and Provider Changes

Websting may modify, replace, add, or discontinue features because of security needs, legal requirements, provider changes, compatibility, costs, technology, or service improvements.

When practical, Websting will provide reasonable notice of a material reduction to an active paid service. No particular third-party builder, plugin, model, platform, license, hosting provider, or feature is guaranteed to remain available indefinitely.

26. Suspension and Termination

Websting may suspend or terminate an account or service for nonpayment, misuse, security risk, fraud, illegal activity, repeated infringement, excessive resource use, threats, provider requirements, or another material violation of these Terms.

When practical, Websting will provide notice and an opportunity to correct the issue. Immediate action may be taken when necessary to protect systems, customers, providers, or third parties.

You remain responsible for charges incurred before termination. Provisions concerning payment, ownership, confidentiality, disclaimers, liability, indemnification, and disputes survive termination.

27. No Guarantee of Business Results

Websting does not guarantee search rankings, traffic, leads, sales, revenue, profit, conversion, advertising performance, regulatory approval, business success, or a particular AI result.

Examples, demonstrations, estimates, and prior outcomes are illustrative and do not guarantee future performance.

28. Disclaimer of Warranties

To the fullest extent permitted by law, Websting websites and services are provided “as is” and “as available.” Websting disclaims warranties not expressly stated in writing, including implied warranties of merchantability, fitness for a particular purpose, noninfringement, accuracy, availability, compatibility, security, and uninterrupted operation.

Some jurisdictions do not allow certain exclusions, so an exclusion applies only to the extent permitted by law.

29. Limitation of Liability

To the fullest extent permitted by law, Websting will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost revenue, profit, opportunity, data, traffic, rankings, reputation, or customer relationships.

Websting’s total liability arising from a specific service or claim will not exceed the amount you paid Websting for the affected service during the six months immediately preceding the event giving rise to the claim. For a one-time project, liability will not exceed the amount paid for the specific project component giving rise to the claim.

Nothing in these Terms excludes liability that cannot legally be excluded.

30. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Websting, Brian Baker, contractors, service providers, and representatives from claims, damages, liabilities, costs, and reasonable legal fees arising from your Customer Content, products, services, website operations, violation of law or these Terms, infringement of another person’s rights, instructions, or use of AI output.

31. Dispute Resolution

The parties agree to attempt to resolve disputes directly and in good faith before filing legal action. A written dispute notice should describe the service or transaction, the issue, the requested resolution, and available supporting information.

Websting will review disputes case by case and may propose a service correction, practical resolution, account credit, payment arrangement, or another appropriate response.

The parties should allow at least 30 days after written notice for informal resolution unless urgent legal relief is reasonably necessary. These Terms do not require mandatory arbitration. If the dispute is not resolved, either party may pursue available legal remedies.

32. Governing Law and Venue

These Terms are governed by California law, without regard to conflict-of-law rules. Unless applicable law requires otherwise, legal proceedings must be brought in a state or federal court with jurisdiction in Alameda County, California, and each party consents to those courts.

33. Notices and Legal Contact

Websting may provide service notices by email, account message, billing portal, website notice, or other contact information associated with your account. You are responsible for keeping that information current.

Formal notices to Websting may be mailed to:

Online requests may also be submitted through the Websting contact page.

34. Changes, Assignment, Force Majeure, and General Terms

Changes to these Terms

Websting may update these Terms to reflect changes in services, providers, technology, business practices, or law. Revised Terms will be posted with a new “Last updated” date. Material changes affecting an active paid service may receive additional notice.

Assignment

You may not transfer an account, subscription, project agreement, or rights under these Terms without written approval. Websting may assign these Terms as part of a financing, reorganization, merger, acquisition, asset transfer, or sale of the business.

Force majeure

Websting is not responsible for delay or failure caused by events beyond reasonable control, including severe weather, natural disaster, fire, power or internet failure, cyberattack, labor dispute, government action, civil disturbance, public-health emergency, or provider outage.

Severability and waiver

If a provision is invalid or unenforceable, the remaining provisions remain effective. Failure to enforce a provision does not waive the right to enforce it later.

Entire agreement

These Terms, the Privacy Policy, applicable checkout information, and any written proposal or statement of work form the agreement concerning the services and replace prior discussions about the same subject, except obligations expressly preserved in a signed written agreement.

35. Contact Websting

Questions about these Terms may be submitted through the Websting contact page or mailed to:

Online requests may also be submitted through the Websting contact page.