Terms of Service

Welcome to WebsitePro, operated by Wherk LLC ("WebsitePro," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website building and hosting platform at websitepro.app. By creating an account or using our services, you agree to be bound by these Terms. If you do not agree, do not use our services.

1. Services Overview

WebsitePro is a B2B platform that builds and hosts professional websites for small businesses. Our services include:

• Custom website design and AI-assisted content generation
• Website hosting on our managed infrastructure
• SSL certificates and security maintenance
• Custom domain configuration and DNS management
• Content management and ongoing updates
• Technical support

2. Account Responsibilities

By creating an account, you agree that:

• You are at least 18 years old and have the authority to enter into these Terms on behalf of yourself or your business
• All information you provide is accurate, complete, and current, and you will update it as needed
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activity that occurs under your account, whether or not you authorized it
• You will notify us immediately at support@websitepro.app if you suspect unauthorized access to your account

3. Pricing & Payment

3.1 Fees

• Setup Fee: $99 one-time payment for initial website creation and configuration
• Monthly Hosting: $20 per month for ongoing hosting, maintenance, and support

Prices are in U.S. dollars and do not include applicable taxes. We reserve the right to change pricing with 30 days' advance notice.

3.2 Billing

The setup fee is charged upon signup. Monthly hosting fees are billed automatically on the same day each month. All payments are processed securely through Stripe. You authorize us to charge your payment method on file for all applicable fees.

3.3 Refund Policy

We offer a 14-day satisfaction guarantee. If you are not satisfied with your website within 14 days of launch, we will refund your setup fee in full. Monthly hosting fees are non-refundable, but you may cancel at any time to stop future charges.

3.4 Failed Payments

If a payment fails, we will attempt to charge your payment method up to three additional times over a 10-day period. If all attempts fail, your website may be suspended until payment is resolved. We will notify you by email before any suspension.

4. Acceptable Use

You agree not to use our services to:

• Violate any applicable local, state, national, or international law
• Infringe on the intellectual property rights of any third party
• Distribute malware, viruses, or other harmful code
• Send spam, unsolicited messages, or engage in phishing
• Engage in activities that could damage, disable, or impair our infrastructure or other users' access
• Attempt to gain unauthorized access to our systems or other users' data
• Use our platform for any fraudulent or deceptive purpose

We reserve the right to suspend or terminate accounts that violate this policy, with or without notice.

5. Content Guidelines

Websites hosted on WebsitePro must not contain:

• Illegal content or content that promotes illegal activities
• Defamatory, libelous, or slanderous material
• Obscene, pornographic, or sexually explicit content
• Content that promotes violence, hate speech, or discrimination
• Content that infringes on copyrights, trademarks, or other intellectual property
• Misleading or fraudulent claims about products or services

We reserve the right to remove content or suspend websites that violate these guidelines. We will make reasonable efforts to notify you before taking action, except where the violation poses an immediate risk.

6. Intellectual Property

6.1 Your Content

You retain all ownership rights to your business content, including logos, images, text, and other materials you provide or that we create specifically for your business. You grant us a limited license to use, display, and host this content solely for the purpose of providing our services.

6.2 Our Platform & Technology

We retain ownership of the WebsitePro platform, including all website templates, source code, design systems, AI models, and proprietary technology. Your subscription grants you a non-exclusive, non-transferable license to use our platform and templates for the duration of your subscription.

6.3 AI-Generated Content

Content generated by our AI tools based on your business information is owned by you. However, the underlying AI models and generation processes remain our intellectual property.

7. Service Availability & Uptime

We strive to maintain 99.9% uptime for all hosted websites. However, we do not guarantee uninterrupted service. We are not liable for downtime caused by:

• Scheduled maintenance (we will provide advance notice when possible)
• Third-party service outages (hosting providers, DNS, CDN)
• Force majeure events (natural disasters, government actions, etc.)
• Your actions, content, or custom configurations
• Internet connectivity issues beyond our control

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEBSITEPRO AND WHERK LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

Our total aggregate liability for any and all claims arising from these Terms or our services shall not exceed the total amount you have paid us in the twelve (12) months immediately preceding the event giving rise to the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless WebsitePro, Wherk LLC, and their officers, directors, employees, and agents from any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of our services, (b) content you provide or publish through our platform, (c) your violation of these Terms, or (d) your violation of any third-party rights.

10. Termination & Cancellation

10.1 Cancellation by You

You may cancel your subscription at any time through your account dashboard or by contacting us at support@websitepro.app. Cancellation takes effect at the end of your current billing period. Your website will remain live until the end of the paid period.

10.2 Termination by Us

We may suspend or terminate your account immediately if you: violate these Terms, engage in fraudulent activity, fail to pay fees after multiple attempts, or if continuing your account poses a risk to our platform or other users. We will make reasonable efforts to notify you before termination, except in cases of severe violations.

10.3 Effect of Termination

Upon termination, your website will be taken offline. You will retain access to your account dashboard for 30 days to export your content. After 30 days, your data will be deleted in accordance with our Privacy Policy.

11. Data Handling on Cancellation

When your subscription ends:

• 30-Day Grace Period: You have 30 days to request a full export of your website content (text, images, and other media)
• Content Deletion: After 30 days, your website content and personal data will be permanently deleted from our active systems
• Backups: Backup copies may persist for up to 90 days for disaster recovery purposes before being permanently purged
• Legal Retention: We may retain billing records and transaction data as required by law

12. Dispute Resolution

12.1 Informal Resolution

Before filing any formal claim, you agree to attempt to resolve disputes informally by contacting us at support@websitepro.app. We will work in good faith to resolve any issue within 30 days.

12.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Connecticut, USA, without regard to conflict of law principles.

12.3 Jurisdiction

Any disputes not resolved informally shall be submitted to the exclusive jurisdiction of the state and federal courts located in Fairfield County, Connecticut. You consent to the personal jurisdiction of these courts.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes at least 30 days in advance via email or a prominent notice on our platform. The "Last Updated" date at the top will reflect the most recent revision. Your continued use of our services after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using our services and cancel your subscription.

14. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and WebsitePro regarding our services
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction

15. Contact Us

If you have questions about these Terms, please contact us: