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Terms of service

These Terms of Service ("Terms") govern your use of the services provided by Webstudio, Inc. ("Webstudio") through its website, https://webstudio.is (the "Website"). By using the Website, you agree to these Terms.

Use of the Website

You may use the Website only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Website complies with all applicable laws and regulations.

User Content

The Website may allow you to post or submit content, including text, images, and other materials (collectively, "User Content"). By posting or submitting User Content, you grant Webstudio a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, store, display, reproduce, modify, create derivative works, and distribute your User Content on the Website and in connection with Webstudio's business.

You represent and warrant that your User Content does not infringe on the rights of any third party, including intellectual property rights, and that you have all necessary rights and permissions to post or submit the User Content.

Webstudio reserves the right to remove any User Content that violates these Terms or is otherwise objectionable, in its sole discretion.

Intellectual Property

The Website and its contents, including but not limited to text, graphics, images, logos, and software, are the property of Webstudio or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, reproduce, distribute, or display any part of the Website or its contents without Webstudio's prior written consent.

Termination

Webstudio may terminate your access to the Website at any time, without notice, for any reason, including if you violate these Terms or engage in conduct that Webstudio, in its sole discretion, deems inappropriate.

Disclaimers and Limitation of Liability

THE WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WEBSTUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WEBSTUDIO DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

IN NO EVENT SHALL WEBSTUDIO OR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THESE TERMS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.

Indemnification

You agree to indemnify, defend, and hold harmless Webstudio and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of the Website, your User Content, or your violation of these Terms.

Governing Law and Jurisdiction

These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding arising out of or in connection with these Terms or your use of the Website shall be brought exclusively in the state or federal courts located in Multnomah County, Oregon.

Webstudio Fair Usage Policy

Webstudio is dedicated to offering top-tier services. To maintain optimal pricing and service quality, we reserve the right to set limits on your usage if it surpasses normal and fair use expectations.

Our unlimited plans and features are tailored for standard business use. Excessive usage beyond the norm for average business customers may impact system performance, potentially leading to slower builder load times or reduced functionality. We continuously monitor usage to align with legitimate business practices.

Activities not considered standard under Webstudio's unlimited plans include:

Reselling or sublicensing Webstudio access to third parties in bulk.
Excessive use of bandwidth-intensive features beyond standard business needs.
Any form of digital spamming or unsolicited bulk communications.

In our commitment to fairness, we may enforce a bandwidth usage threshold, typical of business operations. Exceeding this threshold allows Webstudio, at its discretion, to temporarily suspend service access. This is a safeguard against system abuse, ensuring optimal performance for all. We strive to provide advance notification before such actions.

Similarly, thresholds are set for API requests and server resource usage, reflecting standard business use. Surpassing these limits may lead to temporary suspension of these features, aimed at maintaining system integrity. Where feasible, advance notice will be provided.

Webstudio's services are designed for individual use by a 100% human team. Account sharing, including group buys, is prohibited. Identifying shared accounts may lead to temporary locking, with repeated violations possibly resulting in a permanent ban. In such events, no refunds for any charges will be issued.

Upon identifying any violation of our Fair Usage Policy, we will immediately freeze the account and issue a warning. Post-discussion, the account may be reactivated. Continued non-compliance will result in a permanent ban from Webstudio.

Through adherence to this policy, Webstudio ensures robust performance and reliability for all customers, underscoring our commitment to quality, scalability, and user-centric services.

Modifications to Terms

Webstudio reserves the right to modify these Terms at any time, in its sole discretion. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Website. Your continued use of the Website after any such modifications will constitute your acceptance of the modified Terms.

Miscellaneous

These Terms constitute the entire agreement between you and Webstudio with respect to the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Webstudio. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Webstudio's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. You may not assign these Terms or any of your rights or obligations hereunder without Webstudio's prior written consent. Webstudio may assign these Terms or any of its rights or obligations hereunder without your prior written consent.

If you have any questions about these Terms, please contact us at legal@webstudio.is