Terms of Service

1. Introduction and Acceptance

Welcome to InstantSite ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the InstantSite platform available at goinstantsite.com, including all related tools, APIs, and services (collectively, the "Service"). By creating an account or using the Service in any way, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Service Description

InstantSite is an AI-powered website generation platform that enables users ("Resellers") to create professional websites for local businesses and other clients. The Service includes AI site generation, site editing, hosting, domain management, client billing, and affiliate marketing tools. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.

3. Account Registration

3.1. You must be at least 18 years of age to create an account and use the Service.

3.2. You must provide accurate, complete, and current information during registration and keep your account information up to date.

3.3. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.4. You must notify us immediately at legal@goinstantsite.com if you suspect unauthorized access to your account.

4. Subscription Plans, Billing, and Credits

4.1. The Service is offered through subscription plans, each providing a set number of site-generation credits per billing cycle. Plan details and pricing are displayed on our Pricing page and may be updated from time to time.

4.2. Subscription fees are billed in advance on a monthly or annual basis, depending on the plan you select. All fees are in U.S. dollars unless otherwise stated.

4.3. Credits are consumed each time you generate a new website. Unused credits do not roll over to subsequent billing cycles unless explicitly stated in your plan.

4.4. Payments are processed securely through Stripe. By subscribing, you authorize us to charge your designated payment method on a recurring basis.

4.5. If payment fails, we may suspend your access to the Service until the outstanding balance is resolved.

5. Refund Policy

5.1. Monthly plans: All monthly subscription fees are non-refundable. You may cancel at any time, and your access will continue until the end of the current billing period.

5.2. Annual plans: If you cancel an annual subscription, you are eligible for a pro-rated refund for the remaining unused full months of your subscription term, calculated from the date we receive your cancellation request. No refund will be issued for partial months.

6. Acceptable Use

You agree not to use the Service to:

• Generate, host, or distribute content that is illegal, defamatory, obscene, hateful, or infringes on the rights of others.
• Engage in phishing, fraud, scams, or any deceptive practices.
• Distribute malware, viruses, or any harmful code.
• Attempt to reverse-engineer, decompile, or disassemble the Service or its underlying technology.
• Overload, disrupt, or interfere with the Service or its infrastructure.
• Use automated tools (bots, scrapers) to access the Service beyond normal use.
• Resell access to the InstantSite platform itself (you may resell websites you create).
• Impersonate any person or entity, or falsely represent your affiliation.

We reserve the right to suspend or terminate any account that violates these rules, with or without prior notice.

7. Intellectual Property and Ownership

7.1. Your Content: You retain full ownership of the websites, text, images, and other content generated through the Service using your inputs ("User Content"). You are free to use, sell, license, and distribute your User Content as you see fit.

7.2. Our Platform: InstantSite and its licensors retain all rights, title, and interest in the Service, including its software, AI models, templates, design systems, branding, documentation, and all related intellectual property. Nothing in these Terms grants you ownership of the platform itself.

7.3. You grant us a limited, non-exclusive license to host and display your User Content solely for the purpose of providing the Service (e.g., hosting your published sites).

8. Client Billing and Platform Fee

8.1. InstantSite enables Resellers to bill their own clients for websites and ongoing hosting through our integrated billing system, powered by Stripe Connect.

8.2. InstantSite charges a 7% platform fee on all client billing transactions processed through our system. This fee is automatically deducted before funds are disbursed to your connected Stripe account.

8.3. You are responsible for setting your own prices, managing client relationships, and complying with all applicable tax and business regulations in your jurisdiction.

8.4. InstantSite is not a party to the contract between you and your clients. We are a payment facilitator and service provider only.

9. Affiliate Program

9.1. InstantSite offers an Affiliate Program that allows users to earn commissions by referring new paying subscribers to the platform. Commission rates and payout terms are detailed on the Affiliates page and may be updated at our discretion.

9.2. Affiliate referrals are tracked via unique referral links and cookies with a 30-day attribution window.

9.3. Fraud Prevention: Self-referrals, cookie stuffing, paid search brand bidding, misleading advertising, and any form of artificial or deceptive referral activity are strictly prohibited. We employ automated and manual monitoring to detect fraudulent activity.

9.4. If we determine, in our sole discretion, that affiliate activity is fraudulent or violates these Terms, we reserve the right to revoke pending commissions, recover paid commissions, and terminate the affiliate account without notice.

9.5. Minimum payout threshold is $50. Payouts are processed monthly to your connected payment method.

10. Privacy and Data

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the practices described in the Privacy Policy.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

12. Limitation of Liability

12.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTANTSITE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

12.2. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

13. Termination

13.1. You may cancel your account at any time through your account Settings page or by contacting us at legal@goinstantsite.com.

13.2. We may suspend or terminate your account at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent activity, extended non-payment, or harmful behavior.

13.3. Upon termination, your right to use the Service ceases immediately. We may delete your account data after a reasonable retention period, except where prohibited by law.

13.4. Sections 7, 11, 12, 14, and 15 shall survive any termination of these Terms.

14. Governing Law and Dispute Resolution

14.1. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict-of-law principles.

14.2. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.

15. General Provisions

15.1. Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and InstantSite regarding the Service.

15.2. Amendments: We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Continued use of the Service after changes constitutes acceptance of the revised Terms.

15.3. Severability: If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

15.4. Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

16. Contact Information

If you have questions or concerns about these Terms of Service, please contact us at: legal@goinstantsite.com