Last Updated: 07 Aug 2024
1.1 Welcome to Siteboon. These Terms of Service (the "Terms") govern your access to and use of Siteboon's website, services, and AI-powered website builder (collectively, the "Services"). Siteboon ("we," "our," or "us") provides its Services subject to the following Terms. By using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.
1.2 In addition to these Terms, your use of the Services is also governed by our policies, including but not limited to our Privacy Policy, Acceptable Use Policy, and Copyright Policy (collectively, "Policies"). These Policies are incorporated by reference into these Terms.
1.3 PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE PLATFORM AND/OR USING THE SERVICES, YOU CONFIRM AND ACKNOWLEDGE THAT:
1.4 If you do not agree to be bound by these Terms, do not use or access the Services. Use of the Services is void where prohibited by applicable law.
2.1 "Siteboon," "we," "us," or "our" refers to Siteboon and its affiliates.
2.2 "You" or "your" refers to the individual or entity using our Services.
2.3 "Content" refers to any text, images, videos, or other material you upload, create, or use with our Services.
2.4 "AI" refers to artificial intelligence technologies used in our Services.
2.5 "Platform" refers to the Siteboon website builder and associated tools and services.
2.6 "User" means any individual or entity that accesses or uses the Services.
2.7 "Website" refers to any website created using our Services.
3.1 Siteboon provides an AI-powered website builder that allows Users to create, edit, publish, and manage websites. Our Services include, but are not limited to:
3.2 Plans and Pricing
3.2.1 We offer various subscription plans to suit different needs, including options for personal use, business use, and agency/commercial use. The specific features, limitations, and pricing of each plan are detailed on our pricing page at https://siteboon.ai/pricing.
3.2.2 We reserve the right to modify, terminate, or otherwise amend our offered subscription plans at any time.
3.3 Free Trial
3.3.1 We may offer a free trial of our Services. The duration and terms of any free trial period will be specified at the time of sign-up.
3.3.2 At the end of the free trial period, your account will automatically convert to a paid subscription unless you cancel before the trial period ends.
4.1 Registration
4.1.1 To use our Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.1.2 You must be at least 18 years old to create an account. By creating an account, you represent and warrant that you are at least 18 years of age.
4.2 Account Security
4.2.1 You are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4.2.2 You are responsible for all activities that occur under your account. Siteboon will not be liable for any loss or damage arising from your failure to comply with this security obligation.
4.3 Account Sharing
4.3.1 You may not share your account credentials with any third party. Each account is for a single User only, unless explicitly allowed under a specific subscription plan.
4.3.2 If you are using the Services on behalf of a business or other entity, you represent and warrant that you have the authority to bind that business or entity to these
5.1 Ownership of User Content
5.1.1 You retain all ownership rights to the Content you create, upload, or import to our Services.
5.1.2 You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Siteboon to use all intellectual property rights in and to any Content you create or upload.
5.2 License to Siteboon
5.2.1 By using our Services, you grant Siteboon a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Content solely for the purposes of providing and improving our Services.
5.2.2 This license continues even if you stop using our Services, solely with respect to Content on Websites that remain live.
5.3 Prohibited Content and Activities
You agree not to use our Services to create, upload, publish, or distribute:
5.4 User Responsibilities
5.4.1 You are solely responsible for your Content and any consequences of posting or publishing it.
5.4.2 Siteboon does not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content.
5.5 Monitoring and Enforcement
5.5.1 We have the right, but not the obligation, to monitor and review User Content.
5.5.2 We reserve the right to remove or refuse to display any User Content that violates these Terms or that we find objectionable for any reason, without prior notice.
5.5.3 We may terminate or suspend your access to all or part of the Services for any violation of these Terms.
6.1 Siteboon's Ownership
6.1.1 Siteboon owns all rights, title, and interest in and to the Services, including all associated intellectual property rights. This includes, but is not limited to, the Siteboon name and logo, the design and layout of our website, our AI algorithms, and our proprietary software.
6.1.2 Nothing in these Terms constitutes a transfer of any intellectual property rights from us to you.
6.2 License to Use Services
6.2.1 Subject to these Terms, Siteboon grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services for their intended purposes.
6.2.2 You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission.
6.3 Feedback
6.3.1 If you provide feedback or suggestions about our Services, we may use this information without any obligation to you.
6.3.2 You hereby grant Siteboon a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and distribute any feedback you provide in any manner and for any purpose.
7.1 Domain Registration
7.1.1 If you use a custom domain with our Services, you are responsible for registering and maintaining that domain.
7.1.2 You represent and warrant that you have all necessary rights to use any domain name you associate with your Website.
7.2 Hosting
7.2.1 We provide hosting as part of our Services, subject to the limitations of your chosen plan.
7.2.2 You agree not to exceed the storage space and bandwidth limits associated with your plan. If you exceed these limits, we may impose additional charges or restrict your ability to add more content.
7.3 Limitations of Liability
7.3.1 Siteboon is not responsible for any issues arising from domain registration, transfer, or management.
7.3.2 We do not guarantee continuous, uninterrupted access to our Services, and operation of our Services may be interfered with by numerous factors outside of our control.
8.1 Privacy Policy
8.1.1 Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
8.1.2 By using our Services, you consent to the collection, use, and sharing of your information as outlined in our Privacy Policy.
8.2 Data Security
8.2.1 We implement reasonable security measures to protect your data, but we cannot guarantee absolute security.
8.2.2 You are responsible for maintaining the security of your account credentials and for any activities that occur under your account.
8.3 Data Export and Deletion
8.3.1 You may export your data from our Services at any time, subject to the technical limitations of our platform.
8.3.2 Upon account termination, we may retain your data for a reasonable period as required by law or for legitimate business purposes.
8.3.3 We will delete or anonymize your data within a reasonable time after account termination, except where we are required to retain it by law.
9.1 Pricing and Billing
9.1.1 Prices for our Services are listed on our pricing page. You agree to pay all fees associated with your chosen plan.
9.1.2 All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties.
9.2 Billing Cycles
9.2.1 Fees are billed in advance on a monthly or annual basis, depending on your chosen plan.
9.2.2 You agree that we may charge your payment method for all amounts due for your account.
9.3 Refunds
9.3.1 We offer a 14-day money-back guarantee for new subscriptions. After this period, refunds are at our discretion.
9.3.2 No refunds will be given for partial use of the Services or for any unused time if you cancel your account before the end of your billing cycle.
9.4 Non-Payment
9.4.1 We may suspend or terminate your access to the Services if your payment is overdue.
9.4.2 You are responsible for all costs we incur in collecting overdue amounts, including reasonable attorneys' fees.
10.1 Termination by You
10.1.1 You may terminate your account at any time by following the instructions on our website.
10.1.2 If you terminate your account, you will remain liable for all amounts due up to and including the date of termination.
10.2 Termination by Siteboon
10.2.1 We may suspend or terminate your account if you violate these Terms or for any other reason at our discretion.
10.2.2 We may also terminate our Services in whole or in part at any time, with or without cause, and with or without notice.
10.3 Effects of Termination
10.3.1 Upon termination, your right to use the Services will immediately cease.
10.3.2 We may delete your Content after a reasonable period following termination.
10.3.3 Any provisions of these Terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11.1 "As Is" and "As Available" Disclaimer
11.1.1 The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.
11.1.2 Siteboon disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11.2 Limitation of Liability
11.2.1 To the fullest extent permitted by law, Siteboon shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
11.2.2 In no event shall Siteboon's aggregate liability for all claims related to the Services exceed the total amount paid by you to Siteboon in the twelve months preceding the incident giving rise to the liability.
12.1 You agree to indemnify, defend, and hold harmless Siteboon and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to:
12.2 We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
13.1 We may modify these Terms at any time. We will notify you of material changes by posting a notice on our website or sending you an email.
13.2 Your continued use of the Services after such notice constitutes acceptance of the modified Terms.
13.3 If you do not agree to the modified Terms, you must stop using the Services.
14.1 These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
14.2 Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of [Arbitration Association] in [City, State/Country].
14.3 The arbitration shall be conducted in English, and the arbitral decision may be enforced in any court.
14.4 Nothing in this section will prevent either party from seeking injunctive relief in a court of competent jurisdiction.
15.1 Data Portability
15.1.1 We provide tools for importing and exporting website data. However, we do not guarantee compatibility with all file formats or third-party services.
15.1.2 You are responsible for ensuring that any import or export of data complies with applicable laws and doesn't infringe on others' rights.
15.2 User Responsibility
15.2.1 You are solely responsible for the accuracy and completeness of any data you import or export.
15.2.2 Siteboon is not responsible for any loss or corruption of data during import or export processes.
16.1 Third-Party Services
16.1.1 Our Services may integrate with or allow access to third-party services. We are not responsible for any third-party services or their content.
16.1.2 Your use of any third-party services is subject to their respective terms of service and privacy policies.
16.2 User Obligations
16.2.1 You are responsible for complying with any terms or conditions associated with third-party services you use in connection with our Services.
16.2.2 Siteboon does not endorse, and expressly disclaims any responsibility for, any third-party services or content.
16.3 Integrations
16.3.1 We may offer integrations with third-party services. These integrations are provided "as is" and we make no warranties about their continued availability or functionality.
16.3.2 We reserve the right to disable or modify any integration at any time without notice.
17.1 Agency Plan
17.1.1 Users of our agency/commercial plan may create websites for their clients, subject to additional terms specified in their plan agreement.
17.1.2 Agency users are responsible for obtaining any necessary permissions from their clients to use our Services on their behalf.
17.2 White Label Services
17.2.1 If offered, white label services allow you to rebrand our Services under your own name. Use of white label services is subject to additional terms and conditions.
17.2.2 You are responsible for all customer support, billing, and management of your clients when using white label services.
17.3 Commercial Restrictions
17.3.1 Unless explicitly allowed under your subscription plan, you may not resell, distribute, or lease our Services to any third party.
17.3.2 You may not use our Services to create a product or service that competes with Siteboon.
18.1 Nature of AI Content
18.1.1 You understand that AI-generated content may not be entirely original or accurate. You are responsible for reviewing and editing any AI-generated content before publication.
18.1.2 Siteboon makes no representations or warranties about the quality, accuracy, or originality of AI-generated content.
18.2 Rights to AI-Generated Content
18.2.1 You retain rights to the final content you create using our AI tools, subject to the licenses granted in these Terms.
18.2.2 Siteboon retains all rights to the AI technology and algorithms used to generate content.
18.3 Prohibited Uses of AI
18.3.1 You may not use our AI tools to generate content that violates these Terms or any applicable laws.
18.3.2 You may not attempt to reverse engineer, decompile, or otherwise extract our AI algorithms or training data.
19.1 Service Updates
19.1.1 We may update our Services from time to time. These updates may include new features, bug fixes, or security patches.
19.1.2 You agree to promptly install any updates we provide to ensure the proper functioning and security of our Services.
19.2 Maintenance
19.2.1 We may perform scheduled maintenance on our Services. We will attempt to provide advance notice of any scheduled maintenance that may result in significant downtime.
19.2.2 Emergency maintenance may be performed at any time without notice if necessary to maintain the security and integrity of our Services.
20.1 Support Channels
20.1.1 We provide customer support through various channels, which may include email, chat, or phone support, depending on your subscription plan.
20.1.2 Support hours and response times may vary based on your subscription plan and the nature of your inquiry.
20.2 Self-Help Resources
20.2.1 We provide self-help resources, including documentation, tutorials, and FAQs. You agree to consult these resources before contacting customer support.
21.1 Availability
21.1.1 We may offer beta or preview features from time to time. These features are subject to change and may be unstable.
21.1.2 Beta features are provided "as is" without any warranties or guarantees of performance or availability.
21.2 Feedback on Beta Features
21.2.1 We encourage you to provide feedback on beta features. Any feedback you provide will be subject to the terms in Section 6.3.
22.1 By Siteboon
22.1.1 Siteboon may assign or transfer these Terms, in whole or in part, without restriction.
22.2 By User
22.2.1 You may not assign or transfer these Terms, or any rights or obligations under these Terms, without our prior written consent.
22.2.2 Any attempted assignment or transfer in violation of this section will be null and void.
23.1 If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
24.1 These Terms, together with our Policies, constitute the entire agreement between you and Siteboon regarding the Services and supersede all prior agreements and understandings, whether written or oral.
25.1 The failure of Siteboon to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
26.1 Siteboon shall not be liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including acts of God, earthquakes, fires, floods, wars, civil or military disturbances, sabotage, epidemics, riots, accidents, labor disputes, or acts of civil or military authority.
27.1 Any notices or other communications provided by Siteboon under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
28.1 If you have any questions about these Terms or our Services, please contact us at team+tos@siteboon.ai.
By using Siteboon's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.