Terms of Service
1. Agreement to these Terms
These Terms of Service ("Terms") are a binding agreement between you ("you," "your," or "Customer") and [COMPANY LEGAL NAME], governing your access to and use of the [Platform Name] platform, websites, applications, and related services (collectively, the "Services").
By creating an account, clicking "I agree," or otherwise accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and by our [Privacy Policy], [Acceptable Use Policy], and any other policies referenced here, all of which are incorporated by reference. If you do not agree, you may not use the Services.
If you use the Services on behalf of a business or other organization, you represent that you have authority to bind that entity, and "you" refers to that entity.
2. Definitions
"Account" — the account you register to access the Services.
"Customer Content" — any content, data, text, images, video, course material, products, mailing lists, or other materials you upload, create, publish, or transmit through the Services.
"End User" — a visitor, subscriber, student, or customer of yours who interacts with your websites, courses, emails, or products delivered through the Services.
"Subscription" — a paid plan giving you access to some or all of the Services.
"Order" — the plan selection, quote, or checkout through which you subscribe.
"Fees" — the amounts payable for your Subscription and any add-ons or usage-based charges.
3. The Services
[Platform Name] is an all-in-one platform that may include, depending on your plan:
Website building and hosting — tools to create, publish, and manage websites and landing pages.
Social planning — tools to schedule, draft, and manage social media content.
Email marketing — tools to build, send, and analyze email campaigns to lists you own.
Online courses and classes — tools to create, host, and deliver educational content, including live or recorded classes.
Digital products and payments — tools to list, sell, and deliver digital products and to collect payments from your End Users.
We may add, change, or remove features. We will give reasonable notice of material adverse changes to features you actively rely on. Specific limits (e.g., number of contacts, storage, sending volume, number of published sites) are set by your plan and described at [PRICING PAGE URL].
4. Eligibility and Accounts
You must be at least [18] years old and capable of forming a binding contract.
You must provide accurate registration information and keep it current.
You are responsible for all activity under your Account and for keeping your credentials secure. Notify us immediately at [SECURITY EMAIL] of any unauthorized access.
You may not share, sell, or transfer your Account without our consent.
5. Subscriptions, Fees, and Billing
5.1 Plans and fees. Fees are described at [PRICING PAGE URL] or in your Order. Unless stated otherwise, Fees are in [CURRENCY] and exclusive of taxes.
5.2 Billing and renewal. Subscriptions are billed in advance on a [monthly/annual] basis and automatically renew for successive periods unless cancelled before the renewal date. By subscribing, you authorize us (and our payment processor) to charge your payment method on each renewal.
5.3 Free trials. If we offer a free trial, it converts to a paid Subscription at the end of the trial period unless you cancel beforehand. We will [charge the payment method on file / require payment details at signup].
5.4 Taxes. You are responsible for all applicable taxes, including [GST/VAT/sales tax], except taxes on our net income. If we are required to collect tax, it will be added to your Fees.
5.5 Price changes. We may change Fees. We will give at least [30] days' notice, and changes take effect on your next renewal.
5.6 Late or failed payment. If a charge fails, we may retry, suspend the Services, or downgrade your plan after [notice period]. Overdue amounts may accrue interest at [rate or "the maximum permitted by law"].
5.7 Cancellation. You may cancel at any time through your Account settings. Cancellation stops future renewals; it does not entitle you to a refund of Fees already paid except as stated in Section 5.8 or required by law.
5.8 Refunds. [Describe your refund policy, or reference the separate Refund Policy.] Note: in some jurisdictions (e.g., Australia under the Australian Consumer Law, or the EU/UK), certain refund and cancellation rights cannot be excluded and override this section.
6. Payments You Collect from End Users
6.1 Payment processing (Stripe). Payments from your End Users (e.g., for courses or digital products) are processed by Stripe, our third-party payment provider. To sell through the Services, you must connect or create a Stripe account, and your use of Stripe is governed by the Stripe Services Agreement and, where applicable, the Stripe Connected Account Agreement (available at stripe.com). You must comply with those agreements and with Stripe's list of prohibited and restricted businesses. We are not a party to transactions between you and your End Users, and Stripe — not us — holds, moves, and disburses those funds. We are not responsible for Stripe's acts, fees, holds, reserves, or account decisions, and we may be unable to release funds Stripe controls.
6.2 Your responsibilities to End Users. You — not us — are solely responsible for:
The products, courses, and content you sell, including their legality, accuracy, and fitness for purpose;
Your own terms of sale, pricing, refund, and cancellation policies with End Users;
Tax collection and remittance on your sales;
Fulfilling and delivering what your End Users purchase; and
Handling End User complaints, chargebacks, and disputes.
6.3 Our role. We provide the tools that enable your sales but do not act as merchant of record, reseller, or guarantor of your transactions unless expressly agreed in writing.
7. Email Marketing and Anti-Spam
This is a high-risk area. Email is sent through our third-party email infrastructure provider, Resend, and your sending is therefore also subject to Resend's terms of service and acceptable use policy (available at resend.com). When using the email marketing features, you agree that:
You will only send email to recipients who have given valid consent under applicable law (e.g., the Spam Act 2003 (Cth) in Australia, CAN-SPAM in the US, CASL in Canada, and GDPR/ePrivacy in the EU/UK).
Every message will include accurate sender information and a functioning, honored unsubscribe mechanism.
You will not send unsolicited bulk email, purchased or scraped lists, or content that is deceptive, unlawful, or violates our Acceptable Use Policy or Resend's acceptable use policy.
You are the sole controller of your mailing lists and are responsible for the lawfulness of your sending.
Because email is sent over shared infrastructure, your sending affects the deliverability and sender reputation of the whole platform. We may monitor deliverability, bounce, and spam-complaint rates, and may throttle, suspend, or terminate your sending privileges — immediately and without notice where necessary — if your activity threatens that infrastructure, breaches this section, or triggers action by Resend. If Resend suspends, rate-limits, or terminates our access due to your activity, we may pass through the effect of that action to your Account. You indemnify us for claims and losses arising from your email activity (see Section 15).
8. Acceptable Use
You must not, and must not allow any End User or third party to:
Use the Services for anything unlawful, infringing, defamatory, or harmful;
Upload malware or attempt to breach, disrupt, or reverse-engineer the Services;
Send spam or violate anti-spam or telemarketing laws;
Sell or promote prohibited goods/services [define — e.g., illegal items, certain regulated products];
Infringe intellectual property or privacy rights of others;
Exceed or circumvent plan limits, rate limits, or technical restrictions; or
Resell or white-label the Services without our written authorization.
A fuller list of prohibited conduct is in our [Acceptable Use Policy]. Violations may result in suspension or termination under Section 12.
9. Customer Content and Intellectual Property
9.1 You own your content. As between you and us, you retain all rights in your Customer Content. We claim no ownership of it.
9.2 License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, transmit, and process your Customer Content solely to provide and improve the Services and as you direct (e.g., to publish your site or send your emails). This license ends when you delete the content or close your Account, except for backups retained for a limited period or as required by law.
9.3 Your responsibility. You represent that you have all necessary rights to your Customer Content and that it does not infringe third-party rights or violate any law.
9.4 Our intellectual property. The Services, including our software, platform, trademarks, and documentation, are owned by us or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services during your Subscription. You get no rights except those expressly granted.
9.5 Feedback. If you send us suggestions or feedback, we may use them without restriction or obligation to you.
10. Third-Party Services
The Services may integrate with third-party tools (e.g., payment processors, social networks, analytics, AI providers). Your use of those services is governed by their terms, and we are not responsible for them. We may disable an integration if a third party changes or discontinues its service.
11. Privacy and Data Protection
11.1 Privacy Policy. Our handling of personal information is described in our [Privacy Policy].
11.2 Roles. For personal data relating to your End Users that you process through the Services, you are the data controller and we are the data processor (or, under Australian privacy law, we handle personal information on your behalf). Our processing obligations are set out in our [Data Processing Agreement], which applies where required by law (e.g., under the GDPR).
11.3 Your obligations. You are responsible for having a lawful basis and any required consents to collect and process your End Users' data, and for your own privacy notices to them.
11.4 Security. We implement reasonable technical and organizational measures to protect data, but no system is completely secure and we do not guarantee absolute security.
12. Suspension and Termination
12.1 By you. You may stop using and cancel the Services at any time under Section 5.7.
12.2 By us. We may suspend or terminate your access, with or without notice, if you materially breach these Terms, fail to pay, create legal or security risk, or as required by law. Where practical, we will give notice and an opportunity to cure.
12.3 Effect of termination. On termination, your right to use the Services ends. You may export your Customer Content for [30] days after termination [describe export mechanism], after which we may delete it. Sections that by their nature should survive (e.g., 9, 13, 14, 15, 16, 18) survive termination.
13. Service Availability and Support
13.1 Availability. We aim to keep the Services available but do not guarantee uninterrupted access. [If you offer an SLA, reference it here or state "We do not provide a uptime SLA except as stated in a separate agreement."]
13.2 Maintenance. We may perform scheduled or emergency maintenance and will give reasonable notice where practical.
13.3 Support. Support is provided [via EMAIL / in-app / per plan tier] during [hours]. Support scope varies by plan.
14. Warranties and Disclaimers
To the maximum extent permitted by law, the Services are provided "as is" and "as available," and we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be error-free, secure, or uninterrupted, or that any content or results will meet your expectations.
15. Limitation of Liability
To the maximum extent permitted by law:
Neither party is liable for indirect, incidental, special, consequential, or exemplary damages, or for lost profits, revenue, data, or goodwill, even if advised of the possibility.
Our total aggregate liability arising out of or related to the Services is limited to the greater of [the Fees you paid in the [12] months before the claim] or [AUD/USD amount].
These limits do not apply to liability that cannot be excluded or limited by law, or to [your indemnity obligations / breaches of confidentiality / IP infringement — adjust as advised by counsel].
16. Indemnification
You will defend, indemnify, and hold us harmless from any claims, damages, losses, and costs (including reasonable legal fees) arising from: (a) your Customer Content; (b) your use of the Services; (c) your products, courses, and sales to End Users; (d) your email or marketing activity; (e) your breach of these Terms or violation of law; or (f) your violation of any third-party right. We will notify you of the claim and let you control the defense, provided any settlement releasing us is subject to our consent.
17. Changes to these Terms
We may update these Terms. For material changes, we will give reasonable notice (e.g., by email or in-app) before they take effect. Your continued use after the effective date means you accept the updated Terms. If you do not agree, you must stop using the Services.
18. Governing Law and Disputes
These Terms are governed by the laws of [STATE/COUNTRY — e.g., Victoria, Australia], without regard to conflict-of-laws rules. You and we submit to the exclusive jurisdiction of the courts of [JURISDICTION], except that either party may seek injunctive relief in any competent court.
[Optional: add a dispute-resolution / informal-negotiation / arbitration clause if desired — note that mandatory arbitration and class-action waivers are treated very differently across jurisdictions and may be unenforceable in some.]
19. General
Entire agreement. These Terms and the documents they incorporate are the entire agreement between you and us regarding the Services.
Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
Severability. If a provision is unenforceable, the rest remains in effect.
Waiver. Failure to enforce a provision is not a waiver.
Force majeure. Neither party is liable for delays caused by events beyond reasonable control.
Notices. We may send notices to your Account email; you may contact us at [LEGAL/NOTICES EMAIL].
Relationship. The parties are independent contractors; nothing creates a partnership or agency.