Last updated: December 15, 2024
Important: Please read these Terms of Service carefully before using our online store builder platform. By accessing or using YourSite.biz, you agree to be bound by these terms.
1. Acceptance of Terms
By accessing and using YourSite.biz (“the Service,” “our Service,” or “Platform”), provided by YourSite.biz Inc. (“we,” “us,” or “our”), you accept and agree to be bound by the terms and provision of this agreement.
If you do not agree to abide by the above, please do not use this service. We reserve the right to change these terms at any time, and such changes will be effective immediately upon posting.
2. Description of Service
YourSite.biz is a Software as a Service (SaaS) platform that enables users to create, customize, and operate online stores. Our service includes:
- Website and online store building tools
- E-commerce functionality and payment processing
- Hosting and technical infrastructure
- Customer support and documentation
- Analytics and reporting tools
- Integration with third-party services
3. User Accounts and Registration
3.1 Account Creation
To use our Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 Account Responsibilities
You agree to:
- Provide accurate and truthful information during registration
- Maintain the security of your login credentials
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities under your account
- Use the Service only for lawful purposes
4. Subscription Plans and Billing
4.1 Subscription Tiers
We offer various subscription plans with different features and limitations. Plan details, pricing, and features are available on our pricing page and may be updated from time to time.
4.2 Payment Terms
- Billing Cycle: Subscriptions are billed monthly or annually based on your selected plan
- Payment Method: You must provide a valid payment method for your subscription
- Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date
- Price Changes: We may change subscription prices with 30 days’ notice
- Taxes: Prices may not include applicable taxes, which will be added as required by law
4.3 Free Trial
We may offer free trials for new users. During the trial period, you have access to certain features of our Service. The trial will automatically convert to a paid subscription unless cancelled before the trial ends.
5. Acceptable Use Policy
5.1 Permitted Uses
You may use our Service to create and operate legitimate online stores and websites in compliance with all applicable laws and these Terms.
5.2 Prohibited Uses
You agree not to use the Service to:
- Sell illegal products or services
- Engage in fraudulent or deceptive practices
- Violate intellectual property rights
- Distribute malware, viruses, or harmful code
- Spam or send unsolicited communications
- Violate privacy laws or regulations
- Engage in money laundering or other financial crimes
- Sell age-restricted products without proper verification
- Create stores for adult content or services
- Violate any local, state, national, or international law
6. Content and Intellectual Property
6.1 Your Content
You retain ownership of all content you upload, create, or add to your online store (“Your Content”). By using our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and display Your Content solely for the purpose of providing our Service.
6.2 Our Intellectual Property
The Service, including its design, functionality, source code, and related materials, is owned by YourSite.biz and is protected by copyright, trademark, and other intellectual property laws.
6.3 Third-Party Content
Our Service may include third-party content, templates, or integrations. You are responsible for ensuring you have the right to use any third-party content in your store.
7. Data Privacy and Security
7.1 Data Protection
We are committed to protecting your privacy and the privacy of your customers. Our data handling practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference.
7.2 Customer Data
You are responsible for complying with all applicable privacy laws regarding the collection and use of your customers’ personal information. This includes obtaining necessary consents and providing appropriate privacy notices.
7.3 Security
We implement industry-standard security measures to protect your data. However, no system is completely secure, and you acknowledge that you use the Service at your own risk.
8. Payment Processing
8.1 Third-Party Processors
We integrate with third-party payment processors to handle transactions for your online store. You must comply with the terms and conditions of these payment processors.
8.2 Transaction Fees
Payment processors may charge transaction fees for processing payments. These fees are separate from our subscription fees and are determined by the payment processor.
8.3 Compliance
You are responsible for complying with all applicable financial regulations, including PCI DSS requirements for handling credit card information.
9. Service Availability and Support
9.1 Uptime
We strive to maintain high service availability but do not guarantee 100% uptime. Scheduled maintenance will be announced in advance when possible.
9.2 Customer Support
We provide customer support through various channels as outlined in your subscription plan. Support availability may vary based on your subscription tier.
9.3 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Service with reasonable notice to users.
10. Termination
10.1 Termination by You
You may terminate your account at any time through your account settings or by contacting our support team. Upon termination, your access to the Service will cease, but you will be able to export your data for a limited time.
10.2 Termination by Us
We may terminate or suspend your account immediately if you:
- Violate these Terms of Service
- Fail to pay subscription fees
- Engage in prohibited activities
- Pose a security risk to our Service
10.3 Effect of Termination
Upon termination, you must cease all use of the Service. We will make reasonable efforts to provide you with access to export your data for 30 days after termination, after which your data may be permanently deleted.
11. Disclaimers and Limitation of Liability
11.1 Service Warranty
The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
11.2 Limitation of Liability
To the maximum extent permitted by applicable law, YourSite.biz shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
11.3 Maximum Liability
Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid us for the Service in the twelve months preceding the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless YourSite.biz, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of another party
- Your Content or your customers’ use of your online store
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.
13.2 Dispute Resolution
Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
13.3 Class Action Waiver
You agree that any arbitration or legal proceeding shall be limited to the dispute between you and YourSite.biz individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of significant changes via email or through our Service. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.
15. Miscellaneous
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and YourSite.biz regarding the use of the Service.
15.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue to be valid and enforceable.
15.3 Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
15.4 Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
16. Contact Information
If you have any questions about these Terms of Service, please contact us:
YourSite.biz Inc.
123 Business Street, Suite 456
San Francisco, CA 94105
Email: legal@yoursite.biz
Phone: (555) 123-4567
Effective Date: These Terms of Service are effective as of December 15, 2024, and will remain in effect until superseded by updated terms.