Terms of Service

1. Services, Scope, and Definitions

We provide AI-assisted website creation, engineering oversight, design implementation, and related digital services. Each plan’s scope, deliverables, inclusions, exclusions, and timelines are described on our website and in any written proposal or invoice we provide (collectively, the “Order”).

Any work that is outside the agreed scope (for example: extra pages, custom integrations, e-commerce, membership systems, databases, backend applications, extensive copywriting, advanced SEO campaigns, accessibility audits, or legal compliance reviews) is a “Change Order” and may require additional fees and time. We are not obligated to begin out-of-scope work until a Change Order is agreed in writing.

2. Eligibility

You must be at least 18 years old and able to enter a binding agreement to use the Service. You are responsible for ensuring your use complies with applicable laws.

3. Client Responsibilities and Approvals

To begin and complete work, you agree to provide accurate information, timely feedback, and required materials/access (for example: text, logos, images, brand guidelines, domain/hosting credentials, and approvals). Delays in providing required materials or decisions may delay delivery.

You represent that all materials you provide are owned by you or properly licensed, and that using them for the project does not violate any third-party rights (including intellectual property, privacy, or publicity rights).

You are responsible for reviewing the deliverables and confirming that the final website content is accurate and suitable for your business (including any required legal disclosures, disclaimers, and regulatory language).

4. Delivery Timeframes

Any stated timeframes are measured from the time we receive (a) your initial payment and (b) all required materials and access. Timeframes are targets based on typical projects of the stated scope, and may vary due to factors including (without limitation) scope changes, third-party outages, deliverability issues, holidays, or communication delays.

If your plan includes a time-based offer (for example, “72 hours”), it applies only to the specific scope described for that plan and only after the prerequisites above are met.

5. Fees, Third-Party Costs, and Taxes

Unless otherwise stated in the Order, fees are due upfront. We may pause or decline to start work until payment is received. You are responsible for any third-party costs you choose or that are required for your project (for example: domain registration, paid hosting upgrades, premium plugins, email services, databases, payment processors, or API usage).

Fees paid to third parties are billed by those providers under their terms and are generally non-refundable through us. You are responsible for any applicable taxes, duties, or similar governmental charges.

Payment Structure

• One-time setup fee: Covers the design and setup of your website.
• Monthly hosting fee: $14/month for essential hosting or $39/month for managed hosting (up to 2 requests/month, text/image updates on existing pages only). SSL stays active and basic platform-level protections are included. Hosting is management-only; no proactive security/performance optimization or content changes.

Additional Costs

• Custom work: $75/hour for work outside basic updates, or $150 per new basic page.
• Maintenance/management: $79/month for up to 4 event or photo update requests per month. Includes SEO Adjustments Based on Content Updates. Anything beyond is billed hourly.
• SEO setup add-on: $149 one-time for basic SEO setup (not advanced or ongoing SEO).
• E-commerce or complex setups: Custom pricing based on requirements.

6. Ownership, Intellectual Property, and Licenses

6.1 Your Materials

You retain ownership of content you provide (for example: text, logos, photos, and trademarks). You grant us a limited, non-exclusive, royalty-free license to use your materials solely to provide the Service and to deliver the project.

You are responsible for providing text and photos and for ensuring you have the legal rights to use them.

6.2 Deliverables (Assignment Upon Full Payment)

Upon full payment, we assign to you the rights we own in the specific, custom website deliverables created for your Order (the “Deliverables”), subject to the exclusions below and any third-party licenses. This assignment does not transfer ownership of our Excluded Materials.

6.3 Excluded Materials

Our internal tools, templates, processes, reusable components, AI prompts, and pre-existing materials (collectively, “Excluded Materials”) remain our property (or the property of their respective owners). We may reuse Excluded Materials across projects.

6.4 Third-Party Materials

Third-party assets (for example: open-source libraries, fonts, stock images/video, and platform services) are governed by their own licenses and terms. You are responsible for complying with those licenses and maintaining any required attributions or subscriptions.

6.5 Portfolio Use

Unless you request otherwise in writing, you grant us permission to display your project (including your business name and a screenshot or link) in our portfolio and marketing materials. If you request confidentiality, we will make reasonable efforts to comply going forward.

7. Acceptable Use

You agree not to use the Service for unlawful, deceptive, abusive, or harmful activities, including distributing malware, infringing third-party rights, or attempting to interfere with the security or operation of our systems or providers. We may suspend or terminate service if we reasonably believe there has been a violation.

8. Third-Party Services and Hosting

The Service may rely on third-party platforms (for example: Cloudflare for hosting/security/performance and FormSubmit or Formspree for form delivery). Your use of third-party services may be subject to additional terms and privacy practices. We are not responsible for third-party services, outages, changes, or acts/omissions by those providers.

9. Disclaimer of Warranties

The Service and any deliverables are provided on an “as is” and “as available” basis, to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or that the website will achieve any particular results (including sales, leads, rankings, conversions, traffic, revenue, or performance metrics).

AI-assisted outputs may contain inaccuracies or unintended content. You are responsible for reviewing and approving all final content.

10. Limitation of Liability

To the maximum extent permitted by law, Secure Memories, LLC and its owners, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, business, or goodwill.

To the maximum extent permitted by law, our total liability for any claim arising out of or related to the Service will not exceed the amounts you paid to us for the specific Order giving rise to the claim during the three (3) months preceding the event giving rise to the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless Secure Memories, LLC and its owners, contractors, and affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your materials/content; (b) your use of the Service; (c) your breach of these Terms; or (d) your violation of any law or third-party rights.

12. Termination

Either party may terminate an Order if the other party materially breaches these Terms and does not cure within a reasonable period after notice. Upon termination, you remain responsible for fees incurred for work performed up to the termination date and for any non-cancelable third-party costs. Refund eligibility, if any, is governed by Section 6 and is not available after a Finalization Event.

13. Dispute Resolution, Venue, and Class Action Waiver

Before filing a formal claim, you agree to contact us and attempt to resolve the dispute informally. If we cannot resolve the dispute, you agree that any legal action will be brought in the state or federal courts located in Florida, and you consent to personal jurisdiction there. Florida law governs these Terms, without regard to conflict-of-laws principles.

To the extent permitted by law, you and we agree to bring any dispute in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

14. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated “Last Updated” date. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

15. Contact

Questions about these Terms can be sent to:

Secure Memories, LLC (DBA BuildYourSnow / BuildYoursNow) Naples, Florida, USA Email: info@buildyoursnow.com