Terms of Service

Last Updated: October 2, 2025

Please read these Terms of Service (“Terms”) carefully before using the Websmith platform. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing and using Websmith (“Service”, “Platform”, “we”, “us”, or “our”), you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Websmith provides custom web applications, website development, analytics dashboards, and related digital services for businesses. Our platform includes:

  • Custom website and application development
  • Analytics dashboards with Google Analytics 4 integration
  • SEO monitoring and optimization tools
  • Client portal access to performance metrics
  • Technical support and maintenance

3. Account Registration and Security

To access certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

4. User Responsibilities

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit malicious code, viruses, or harmful materials
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service
  • Use the Service to harm, threaten, or harass others
  • Scrape, copy, or misuse platform data

5. Intellectual Property Rights

Our Property: The Service, including all content, features, functionality, code, designs, and trademarks, is owned by Websmith and protected by copyright, trademark, and other intellectual property laws.

Client Work: For custom development projects, ownership of deliverables will be specified in individual client service agreements. Generally, upon full payment, clients receive ownership of custom code and content created specifically for their project, while Websmith retains rights to underlying frameworks, tools, and reusable components.

6. Service Availability and Modifications

We strive to maintain high availability but do not guarantee uninterrupted access. We reserve the right to:

  • Modify or discontinue any part of the Service
  • Perform maintenance and updates
  • Limit or suspend access for technical or security reasons

We will provide reasonable notice of significant changes when possible.

7. Payment Terms

For paid services:

  • Fees are outlined in individual service agreements or invoices
  • Payment is due according to the terms specified in your agreement
  • Late payments may result in service suspension
  • All fees are non-refundable unless otherwise specified
  • We reserve the right to change fees with 30 days' notice

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”
  • WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED
  • WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRIOR TO THE CLAIM
  • WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES (e.g., Google Analytics, hosting providers)

9. Indemnification

You agree to indemnify and hold Websmith harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you provide to the platform

10. Termination

We may terminate or suspend your access immediately, without notice, for:

  • Violation of these Terms
  • Non-payment of fees
  • Fraudulent or illegal activity
  • At our discretion for operational reasons

Upon termination, your right to use the Service ceases immediately. Data may be retained according to our Privacy Policy and legal obligations.

11. Analytics and Data Collection

We use analytics tools (including Google Analytics 4) to monitor and analyze Service usage. By using the Service, you consent to this data collection as described in our Privacy Policy.

12. Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through:

  • Good faith negotiation between parties
  • If negotiation fails, binding arbitration in accordance with applicable arbitration rules
  • Each party bears their own legal costs unless otherwise awarded

13. Governing Law

These Terms are governed by and construed in accordance with applicable federal and state laws, without regard to conflict of law principles.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or platform notification. Continued use of the Service after changes constitutes acceptance of the modified Terms.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Websmith regarding the Service.

17. Contact Information

For questions about these Terms, please contact us through the contact form on our platform.

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