Terms

1. What these terms cover

These terms cover our "Website Services" only:

• The free website redesign.
• Website design, build, hosting and maintenance under a Core or Pro plan.
• The AetherHub marketing tools included in those plans.

2. Work outside these terms

These terms do not cover custom applications, software development, connecting your website to your own systems, consulting, advisory work or any other service not listed in section 1. Each of those requires its own written scope of work, agreed by you and AetherWeb before the work starts. That scope of work sets the price, timeline, ownership and terms for that work, and these terms apply to it only if it says so.

If you and AetherWeb have signed a proposal, services agreement or scope of work, it takes priority over these terms wherever the two differ.

3. Who can use our services

Website Services are for businesses and organizations, not personal or household use. You must be at least 18 and give us accurate information.

4. The free redesign

We prepare a redesign of your website, normally within 3 business days of having what we need, and you review it before you pay anything. There is no obligation to go ahead. We may decline a request, for example if your business or website isn't a fit for our services.

You allow us to use the content on your current website to prepare the redesign. The redesign remains ours unless you go live on a plan, and you may not use, copy or publish it otherwise.

5. Plans, fees and billing

• Core is $200 a month and Pro is $450 a month. What each plan includes is shown on our pricing page. Optional add-ons are charged at the price we quote you, and plans may include usage limits for contacts and email.
• There is no setup fee. Monthly billing begins when your site goes live, 5 days after you approve it.
• Fees are billed monthly in advance to your payment method on file. They exclude any applicable taxes, which you are responsible for.
• Except where the law requires otherwise, fees already paid are not refundable, including for partial months.
• We may change plan prices with at least 30 days' written notice. A price change will not take effect during your initial term.

6. Term and cancellation

Each plan starts with a six-month initial term, beginning on the day your site goes live. It then continues month to month until cancelled.

After the initial term, you can cancel at any time by written notice to us. Cancellation takes effect at the end of your current billing period. If you cancel during the initial term, the monthly fees for the rest of that term remain due.

7. Website changes and support

Core and Pro include unlimited changes to your website, including new pages. Most changes are live within a day of us having the details, but that is a typical timeframe rather than a guarantee. Requests that fall under section 2 need their own scope of work, and we will tell you if one does.

We host, monitor and maintain your website. We work to keep it available, but we do not promise uninterrupted service. Maintenance, faults and third-party outages can cause downtime.

8. Your content and responsibilities

You are responsible for the content and information you provide, and for reviewing your website before you approve it. You confirm you have the rights to everything you give us, and you allow us to host, copy, adapt and publish it as needed to provide the Website Services.

You are also responsible for keeping your AetherHub login secure, for what happens under your account, and for your business's own legal obligations, including its privacy policy and how it treats the people in your contact list.

9. Ownership

Your domain, your content and your customer data are always yours.

The design, code, hosting and AetherHub platform are provided as part of your plan. AetherWeb and its licensors keep all rights in them, and you may use them only while your plan is active.

We may show your website in our portfolio and marketing. If you would rather we didn't, tell us and we will remove it.

10. When a plan ends

When your plan ends, the website and your AetherHub access stop. If you ask us within 30 days, we will hand over your domain and export your contacts and form history. After that, we may delete your data, except for what we must keep by law.

11. Acceptable use

You agree not to use the Website Services to:

• Email anyone who has not asked to hear from you, including purchased, rented or scraped lists.
• Break any law, including email, privacy, consumer protection and advertising laws.
• Publish content that is unlawful, deceptive, defamatory or infringes anyone's rights.
• Distribute malware, attack or probe our systems, or try to get around their limits and security.
• Resell the Website Services or give access to anyone not authorized on your account.

12. Search, AI and results

We do not guarantee any particular search ranking, mention by an AI platform, traffic, leads or revenue. Search engines and AI platforms make their own decisions, and those can change at any time.

Some of our tools use AI to research and write content. AI output can contain mistakes. You are responsible for what is published on your website, whether you approve each post or choose automatic publishing.

13. Third-party services

The Website Services rely on third-party providers, such as hosting, payment, email and search services. We are not responsible for their services or outages, and your use of them may be subject to their terms.

14. Privacy and customer data

Our Privacy Policy explains how we handle personal information. We handle your customers' information on your behalf, use it only to provide the Website Services, and do not sell it.

15. Late payment, suspension and termination

If a payment fails, we will contact you. If it remains unpaid 30 days after that notice, we may suspend the Website Services until it is paid.

We may suspend or end your access immediately if you materially breach these terms, including section 11, or if your use puts our systems, sending reputation or other clients at risk. Either of us may end a plan if the other materially breaches these terms and does not fix the breach within 30 days of written notice. If we end your plan because of your breach, the fees for the rest of your initial term remain due.

16. Disclaimer

To the fullest extent the law allows, the Website Services and this website are provided "as is" and "as available". We disclaim all warranties not stated in these terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

17. Limit of liability

To the fullest extent the law allows, neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. AetherWeb's total liability for all claims relating to the Website Services is limited to the fees you paid us in the 12 months before the event that gave rise to the claim. If you have only used the free redesign, that limit is $100.

These limits do not reduce your obligation to pay fees or your obligations under section 18, and they do not apply where the law does not allow them.

18. Indemnity

You will defend and indemnify AetherWeb against third-party claims, and the resulting losses and reasonable legal costs, arising from your content, your emails to your contacts, your business, or your breach of section 11.

19. Using this website

The content on aetherweb.io is for general information and is not professional advice. It belongs to AetherWeb or its licensors, and you may not copy or reuse it without our permission, except for normal browsing and sharing links. Links to other websites are not endorsements, and we are not responsible for those sites.

20. Governing law and disputes

California law governs these terms, without regard to its conflict of law rules. If a dispute arises, we will first try in good faith to resolve it directly for 30 days. If that fails, the state and federal courts located in San Diego County, California have exclusive jurisdiction, and you and AetherWeb both agree to them.

21. Changes to these terms

We may update these terms from time to time. We will post the new version here and change the date at the top. If a change materially affects active clients, we will give at least 30 days' notice by email. Continuing to use the Website Services after the change takes effect means you accept it.

22. General

These terms, along with any plan you select, are the whole agreement between us about the Website Services. If part of them can't be enforced, the rest still applies. Not enforcing a right now doesn't waive it. You may not transfer these terms without our written consent. We may transfer them as part of a sale or reorganization of our business. Neither of us is liable for delays caused by events beyond our reasonable control. Notices to you may be sent to the email on your account, and notices to us go to the address below.