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Universal Terms and Conditions of Service

Effective Date: January 1, 2024

1.Welcome to SiteWizard AI and our Websites

Welcome to the digital services of SiteWizard AI. The ensuing Universal Terms of Service Agreement (hereinafter referred to as “this Agreement”) constitutes a binding legal contract between the entity of SiteWizard AI designated for legal purposes (hereinafter referred to as “SiteWizard”) and you, the user, upon the initiation of your interaction with any SiteWizard AI website (hereinafter referred to as “the Site”) or upon the moment of your electronic consent to these terms.

This Agreement provides for the comprehensive legal provisions governing your usage of the Site and delineates the conditions under which you may procure or access the Services offered via the Site, whether on an individual or collective basis (hereafter collectively referred to as “the Services”). This Agreement exists in conjunction with, and not in replacement of, any special terms and conditions that are applicable to the specific Services you may select. Your active engagement with the Site, or your procurement of Services therein, alongside your electronic affirmation of this Agreement, confirms your explicit consent to be legally obliged by the terms set forth herein, together with all attendant policies and agreements, inclusive of any service-level agreements that are applicable.

In instances where our provision of the Services necessitates the processing of personal or sensitive information, such activities will be conducted in compliance with our Privacy Policy and in accordance with any relevant governing frameworks or policies.

The Site and the Services provided are tailored for use within commercial or professional contexts. By utilizing these Services, you are acknowledging and implicitly agreeing that your use is intended for such professional or commercial purposes.

For the purposes of this Agreement, the terms “we”, “us”, or “our” shall be construed to refer to SiteWizard AI. The terms “you”, “your”, “User”, “Client”, or “customer” shall be understood to refer to any individual or entity that legally accepts this Agreement, is authorized to access your account, or partakes in the usage of the Services. It is explicitly declared that this Agreement is not constructed to confer any benefits upon third parties.

SiteWizard AI expressly reserves the unconditional right to modify or amend this Agreement, and any related policies or agreements incorporated herein, at its sole discretion. Upon the enactment of such changes or modifications, they shall become immediately binding and will be made available on the Site. Your continued use of the Site or the Services following the publication of any revisions will constitute your unequivocal acceptance of this Agreement in its amended form. If you do not wish to be bound by the terms of this Agreement as amended, you are advised to cease any further use of the Site or the Services forthwith. SiteWizard AI may also undertake to apprise you of substantial changes or modifications herein through email correspondence. It is incumbent upon you to ensure the currency of your contact data within your user account (“Account”) to facilitate such communications. SiteWizard AI disclaims all liability for any misdelivery of such notifications should they stem from inaccurate or obsolete information within your Account details.

By accessing or deploying our Services or the Site, you hereby agree to abide by the stipulations of our Terms and Conditions, and you concurrently pledge adherence to all pertinent legal requirements.

2.ELIGIBILITY; AUTHORITY

Access to and use of the Site and the Services provided herein are expressly limited to parties who are capable of entering into and forming contracts enforceable under applicable law. By engaging with the Site or utilizing the Services, you affirm and guarantee that you (i) have attained the age of majority, being at least eighteen (18) years of age; (ii) possess the legal capacity to establish binding contracts under the prevailing law; and (iii) are not precluded from procuring or receiving the Services as stipulated by the laws of the United States or any other governing jurisdiction.

In the event, you act on behalf of a corporate entity in acceding to this Agreement, you assert and assure that you hold the requisite legal authority to obligate said corporate entity to comply with the terms and conditions set forth in this Agreement. Under these circumstances, the references to “you”, “your”, “User”, “Client”, or “customer” herein shall be construed to apply to the respective corporate entity. Should SiteWizard AI subsequently determine that you lack the authority to bind the corporate entity at the time of electronic acceptance, you will be personally held liable for satisfying the responsibilities outlined in this Agreement, including, without limitation, any financial commitments.

SiteWizard AI disclaims any liability for losses or damages arising from its reliance on directives, notifications, documents, or communications that SiteWizard AI reasonably believes to be authentic and to have been issued by an authorized representative of your corporate entity. In cases of justified uncertainty regarding the veracity of any such directive, notification, document, or communication, SiteWizard AI reserves the right, though not the obligation, to demand further verification from you.

Additionally, you consent to be bound by the terms of this Agreement with respect to transactions undertaken by yourself, your agents, or any parties utilizing your account or the Services, irrespective of whether such use is authorized by you.

3.ACCOUNTS; TRANSFER OF DATA ABROAD

Accounts. Prior to utilizing certain functionalities of the Site or Services, it is incumbent upon you to establish an account (“Account”). You hereby attest and ensure that all details furnished to SiteWizard AI at the inception of your purchase of a plan or subscription are veracious, contemporaneous, and exhaustive. SiteWizard will utilize the personal information you provide at the payment/checkout stage for the express purpose of generating your Account and dispatching an email to the address you have furnished, containing temporary access particulars for the SiteWizard AI Application. You are obliged to maintain the accuracy, currency, and completeness of your Account details. Should there be grounds for SiteWizard AI to suspect that any information within your Account is false, outdated or deficient, SiteWizard AI asserts the right to suspend or terminate your Account at its exclusive judgment. The responsibility for all conduct associated with your Account, with or without your consent, rests solely with you, and it is imperative that you safeguard your Account credentials, including but not limited to your login, password, and payment method(s). It is recommended by SiteWizard AI that password be changed at least every six (6) months for each Account. Immediate notification to SiteWizard AI is required upon any indication of security breach or unauthorized Account access. SiteWizard bears no liability for losses resulting from such unauthorized use; however, you could be held accountable for losses incurred by SiteWizard AI or others due to activities within your Account, whether these actions were committed by you or another authorized individual.

Transfer of Data Abroad. Should you access this Site from locations other than that of our servers’ domicile, it may necessitate the international transfer of data, including your Account information. Your elective interaction with this Site and electronic communications with us constitutes your consent to such transnational data transfers.

Account Management Access (Account Sharing). It is acknowledged that the Services facilitate the provision of access to your SiteWizard AI Account to another SiteWizard AI client. You retain the privilege to retract any individual’s Account access at your discretion. When endorsing another to manage your Account, you acknowledge and concur that:

>A bona fide business or personal rapport exists with such person;

>You grant voluntary authorization for such individual to modify your Account;

>The individual may view personal data supplied in your Account, contingent upon granted permissions;

>The individual will have access to the Account as of the access grant date and to any subsequent amendments thereof;

>Where you grant separate consent, the individual may liaise with Customer Support on your behalf, gaining the ability to receive information and manage services using our Customer Support.

You assume full legal and fiscal responsibility for your decree to bestow Account access, or for the chosen individual’s actions or inactions concerning your Account. You also exonerate SiteWizard AI of all related liabilities in these contexts.

By soliciting access to another customer’s SiteWizard AI Account, a SiteWizard AI client pledges to utilize such access exclusively for the Account provider’s benefit and within their authority.

SiteWizard AI absolves itself from any direct involvement in the contractual relations between customers sharing and seeking Account access. Should discord arise between involved parties, it is imperative that such matters be directly resolved amongst the contracting individuals.

4.AVAILABILITY OF WEBSITE/SERVICES

Consistent with the stipulations of this Agreement, as well as our ancillary policies and procedures, we pledge to utilize commercially reasonable endeavors to ensure the operation of the Site and the Services on a continuous basis, accessible twenty-four (24) hours each day, seven (7) days per week. Nevertheless, you recognize and concede that there may be occasions when the Site becomes unavailable or non-functional due to various factors, including but not limited to, technical malfunctions, routine maintenance, or repair operations that we execute periodically; or other circumstances beyond our pragmatic control or which could not be reasonably anticipated, such as disruptions in telecommunication or digital transmission pathways, adversarial network assaults, saturation of network capacity, or similar impediments. You are apprised and agree that the perpetual and uninterrupted availability of the Site or the Services is beyond our purview, and that we bear no responsibility to you or any third-party consequent to such unavailability.

In certain instances, SiteWizard AI may introduce new Services (including beta releases or new features within existing Services) in a preliminary version format, designated as “Trial Services”. Your decision to engage with any Trial Services is governed by the ensuing terms and conditions: (i) You acknowledge that Trial Services are offered in a pre-release state and may harbor defects; (ii) You comprehend that your employment of Trial Services may subject you to heightened risks of operational disruptions; (iii) Trial Services are rendered on an AS-IS basis, thus we caution against their use in critical production environments; (iv) SiteWizard AI reserves the unrestricted right to alter, modify, or cease any component of the Trial Services at will; (v) Commercially released iterations of Trial Services may deviate significantly, and compatibility with applications utilizing or executed alongside Trial Services is not assured for the commercially released or subsequent versions.

Furthermore, you concede that the SiteWizard AI Sites and Services, encompassing the entirety of our AI website builder application and software, are supplied to you “As Is”, “As Available”, and “With All Faults”. To the maximum extent permissible under law, SiteWizard AI expressly renounces any form of warranty, be it statutory, explicit, or implied, pertinent to the Site and Services including, but not confined to, implied warranties of ownership, merchantability, suitability for a specified purpose, and non-infringement. All transactions pertaining to paid plans or subscriptions for services are final and non-refundable.

5.GENERAL RULES OF CONDUCT

In engaging with this Site and the Services, you concur to the following provisions:

1.You will use this Site and the Services, including any submitted content, solely for commercial or professional purposes in adherence to this Agreement and all relevant local, state, national, and international laws, statutes, and regulations.

2.You will refrain from gathering or harvesting (or allowing such actions by others) any User Content (as elucidated later) or any private or personally identifiable data from another User or any person or entity without their explicit prior written authorization.

3.Your utilization of this Site and the Services will not contravene any legal parameters as determined by SiteWizard AI, which, at its absolute discretion, includes activities that:

>Constitute or promote unlawful acts;

>Advocate or engage in the exploitation of minors, child pornography, or harm to children;

>Incite, endorse, or participate in terrorism, violence, or harm to individuals, animals, or property;

>Foster or involve in the transmission of unsolicited bulk email or fraudulent activities such as hacking;

>Promote the unauthorized sale or distribution of prescription drugs;

>Violate intellectual property rights of others;

>Infringe on the privacy, publicity rights, or breach confidential duties owed to others;

>Disrupt this Site’s operations or Services;

>Introduce harmful code, such as viruses or Trojans, that can deplete resources and damage software or hardware functionality;

>Contain misleading language or unverified claims about SiteWizard AI or its Services.

1.You will not reproduce any content of this Site or the Services without the explicit consent of SiteWizard AI.

2.Any modification or alteration of this Site, the Services, or related technologies is prohibited.

3.You will only access SiteWizard AI Content and User Content through this Site itself, except as specifically designated by SiteWizard AI.

4.You are responsible for backing up your User Content. The preservation of your User Content is not guaranteed by SiteWizard AI, and the risk of loss falls on you.

5.Reselling the Services or making them available for commercial use without the express prior written consent of SiteWizard AI is disallowed.

6.Upon SiteWizard AI’s request, you will provide valid government-issued identification for verification of identity as necessary.

You acknowledge that SiteWizard AI may contact you about your account and that any calls may be recorded with notice given to you in compliance with applicable law. Such recordings may be used legally where SiteWizard AI is a party.

SiteWizard AI retains the authority to alter, modify, or cease any component of the Site or the Services, including specifications and fees for the AI Website Builder application, at any juncture without prior notice.

6.INTELLECTUAL PROPERTY RIGHTS – SiteWizard AI CONTENT AND OTHER USER’S CONTENT

The conditions set forth herein apply to your use of all content and intellectual property on the SiteWizard AI Sites and platforms (i.e., Sites and platforms under the direct control or ownership of SiteWizard AI). These conditions preserve any ownership or licensed rights, including intellectual property rights, associated with the content hosted on your websites.

SiteWizard AI Content. Excluding any User Content and User Intellectual Property, all contents on the Site and the Services, encompassing but not limited to text, software, source code, graphics, imagery, sounds, and trademarks—are either owned or lawfully licensed to SiteWizard AI. These are safeguarded by copyright, trademark, patent laws, and by other proprietary rights both in the USA and internationally. Such SiteWizard AI Content is delivered “As Is”, “As Available”, and “With All Faults” for your personal, non-commercial purposes only. Downloading, copying, reproduction, modification, sale, or any form of exploitation of the SiteWizard AI Content without SiteWizard AI’s express, prior written consent is strictly prohibited. This Agreement does not extend any rights or licenses under copyright, trademark, patent, or any other proprietary rights. All rights not explicitly granted in the SiteWizard AI Content, the Site, and the Services are reserved by SiteWizard AI. However, a limited, revocable, non-transferable, non-sublicensable license is granted to utilize SiteWizard AI Content—to the extent necessary for creating and displaying websites using the AI Website Builder and associated Services—in accordance with these terms.

User Content. Certain features of this Site or the Services may allow Users to post or manage various forms of content—including recommendations, images, and videos (collectively “User Content”). User Content embodies all submissions made via your Account.

User Intellectual Property. All intellectual property rights associated with User Content, including materials developed or used in connection with the Services, are owned by the User. This covers creations such as designs, animations, logos, and texts.

Upon the distribution of User Content or User Intellectual Property on this Site or via the Services, you guarantee to SiteWizard AI that you hold the necessary rights for such action, either through authorship and rights to distribute, or by possessing appropriate permissions from the lawful owners, and that such distribution does not infringe upon third-party rights. The User shall bear sole liability for any repercussions or obligations stemming from the use of User Content or User Intellectual Property.

Security. You are bound not to breach, incapacitate, or interfere with security features on this Site or Services that protect or limit the use or copying of any SiteWizard AI Content or User Content, nor to bypass restrictions on this Site or its services, SiteWizard AI Content, or User Content contained within.

7.SiteWizard AI’S USE OF USER CONTENT

This Section delineates the terms regarding SiteWizard AI’s engagement with User Content presented on its platforms and the Sites under SiteWizard AI’s governance.

Responsibility. Sole responsibility for any User Content submitted through your Account, and the resultant distribution, resides with you.

Regarding User Submissions. By submitting User Submissions, you understand and concur that:

1.Your User Submissions are provided willingly and by choice.

2.No confidential obligation is imposed upon SiteWizard AI regarding your User Submissions.

3.SiteWizard AI is not required to utilize your User Submissions and no form of remuneration is expected for their potential or actual use.

4.SiteWizard AI may already be considering or developing similar submissions, possess preexisting knowledge from alternative sources, or decide to pursue such developments on its own accord.

Exclusive Rights. SiteWizard AI acquires complete ownership (including all intellectual property and associated rights) over User Submissions on its platforms, facilitating unencumbered usage and dissemination of these Submissions for any objective, commercial or other, devoid of any obligation for acknowledgment or compensation to any parties.

Concerning User Content (Excluding User Submissions).

Ownership rights over User Content hosted by SiteWizard AI remain with you.

Upon submitting User Content, you grant SiteWizard AI the license to utilize such content as needed for operations and functionalities anticipated by this Site and Agreement. This entails a global, cost-free, sub-licensable, and transferable license permitting SiteWizard AI to wield, replicate, distribute, rework, merge, exhibit, and showcase your User Content in connection with the Site, Services, and SiteWizard AI’s business endeavors, incorporating promotion and dissemination of the Site in any media avenues without any constraints, remuneration, or notifications to you or third parties. Furthermore, every User gains a non-exclusive right to access and employ your User Content (excluding any marked as “private” or “password protected”) via this Site, in line with the Site functionality and under this Agreement.

Upon your removal of User Content from the Site, the granted licenses will terminate in a commercially reasonable period. SiteWizard AI, however, may maintain server copies of removed User Content, which will not be displayed or activated. The granted licenses in your User Content are enduring and irrevocable.

8.MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

While SiteWizard AI typically refrains from inspecting User Content prior to its publication on our hosted websites or platforms, we maintain the authority (without obligation) to review and determine the suitability of User Content in relation to this Agreement. We reserve the right to eliminate any User Content and/or discontinue a User’s access for posting material that breaches this Agreement or for any other infringement, as judged by SiteWizard AI’s sole discretion, without advance notice.

Additionally, SiteWizard AI may revoke a User’s access or Account without notification under certain circumstances: (i) active encouragement or relation to child exploitation, pornography, or acts of terrorism are discovered or reported; or (ii) there’s substantiated belief of the User’s recidivism in such activities. In such event of termination, SiteWizard AI has the discretion to erase any of the User’s data from our servers. It is important to note that unlawful activity in one Service could trigger termination across all Services linked to a User’s Account.

9.ADDITIONAL RESERVATION OF RIGHTS

SiteWizard AI expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify (including access to or control of) any Account or Services (including the right to cancel or transfer any of your assets) for any reason (as determined by SiteWizard AI in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by SiteWizard AI in offering or delivering any Services, (ii) to assist with our fraud and abuse detection and prevention efforts, to prevent activities that threaten the stability of our network and/or servers, (iii) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vii) to avoid any civil or criminal liability on the part of SiteWizard AI, its officers, directors, employees and agents, as well as SiteWizard AI ’s affiliates, including, but not limited to, instances where you have sued or threatened to sue SiteWizard AI.

SiteWizard AI expressly reserves the right to terminate, without notice to you, any and all Services where, in SiteWizard AI’s sole discretion, you are harassing or threatening SiteWizard AI and/or any of SiteWizard AI’s employees.

SiteWizard AI expressly reserves the right to access, edit, and (or) in any other way modify your Account and (or) Services, including but not limited to, User Submissions and User Content, in order to assist you when you reach out to the Customer Service via live chat, email or ticketing system or any other way. SiteWizard AI shall not be liable for any loss or damage resulting from such actions.

10.LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at the AI Website Builder application platform may contain links to third-party websites and pages that are not owned or controlled by SiteWizard AI. SiteWizard AI assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, SiteWizard AI does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release SiteWizard AI from any and all liability arising from your use of any third-party website. Accordingly, SiteWizard AI encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

11.DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES MADE AVAILABLE THROUGH THIS SITE (“THE SERVICES”) IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE FURNISHED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. SiteWizard AI, TOGETHER WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SiteWizard AI AND ITS AFFILIATES MAKE NO WARRANTY OR REPRESENTATION AS TO (I) THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF THE CONTENT ON THIS SITE, (II) THE TRUTHFULNESS, EXACTITUDE, OR COMPLETENESS OF CONTENT AVAILABLE THROUGH LINKS (BY WAY OF HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, OR (III) THE QUALITY OR CHARACTERISTICS OF THE SERVICES PROVIDED HEREIN OR THROUGH ANY EXTERNALLY LINKED WEBSITES. SiteWizard AI WILL BEAR NO RESPONSIBILITY NOR ASSUME ANY LIABILITY IN RELATION TO THE FOREGOING.

MOREOVER, IT IS EXPLICITLY UNDERSTOOD AND AGREED THAT ANY INFORMATION OR ADVICE, WHETHER CONVEYED ORALLY OR IN WRITTEN FORM, OBTAINED FROM SiteWizard AI OR THROUGH ANY COMMUNICATIONS WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, OR VIA THE SERVICES, SHALL NOT CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY WHATSOEVER BEYOND WHAT IS EXPRESSLY STATED IN THIS AGREEMENT. NO USER SHALL BE ENTITLED TO RELY UPON ANY SUCH COUNSEL OR INFORMATION AS BEING INVESTITIVE OR CONCLUSIVE LEGAL OR FINANCIAL ADVICE.

THE ABOVE DISCLAIMER OF WARRANTIES AND REPRESENTATIONS IS COMPREHENSIVE AND SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IT SHALL ENDURE BEYOND THE TERMINATION OR EXPIRATION OF THIS AGREEMENT OR OF YOUR UTILIZATION OF THIS SITE AND THE SERVICES PROVIDED.

12.LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCE SHALL SiteWizard AI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANY THIRD-PARTY SERVICE PROVIDERS BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE OR THE SERVICES PROVIDED HEREIN. THIS EXCLUSION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR (I) THE INTEGRITY, ACCURACY, OR QUALITY OF INFORMATION PRESENTED ON THIS SITE; (II) THE CREDIBILITY, COMPLETENESS, OR STANDARD OF ANY EXTERNAL SITES HYPERLINKED TO THIS SITE; (III) ANY FORM OF BODILY HARM OR PROPERTY DAMAGE; (IV) CONDUCT OF THIRD PARTIES; (V) UNAUTHORISED ACCESS OR INTRUSION INTO OUR SERVERS, CONTENT, PERSONAL OR FINANCIAL DATA; (VI) INTERRUPTIONS OR TERMINATION OF SERVICE; (VII) MALICIOUS SOFTWARE TRANSMITTED FROM THIS SITE OR EXTERNAL LINKS; (VIII) DEFAMATORY, INFRINGING, OR OFFENSIVE USER CONTENT; AND/OR (IX) ANY OTHER LOSS ARISING FROM THE EMPLOYMENT OF SERVICES OR CONTENT ON THIS SITE, REGARDLESS OF THE BASIS OF LIABILITY OR WHETHER SiteWizard AI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHERMORE, YOU EXPRESSLY RECOGNISE AND CONSENT THAT ANY LEGAL CLAIM OR DISPUTE ARISEN IN RELATION TO THIS SITE OR SERVICES MUST BE FORMALLY INITIATED WITHIN SIX (6) MONTHS AFTER THE INCIDENT GIVING RISE TO SUCH CLAIM, FAILING WHICH IT SHALL BE PERMANENTLY EXTINGUISHED.

ADDITIONALLY, YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THAT SiteWizard AI’S CUMULATIVE LIABILITY SHALL BE BOUNDED TO NO MORE THAN TEN TIMES (10x) THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO SiteWizard AI.

THE AFOREMENTIONED LIMITATION OF LIABILITY IS ALL-ENCOMPASSING AND SHALL PREVAIL TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS LIMITATION SHALL REMAIN IN EFFECT FOLLOWING THE TERMINATION OR EXPIRATION OF THIS AGREEMENT, OR OF YOUR USAGE OF THIS SITE AND THE SERVICES PROVIDED.

13.INDEMNITY 

You hereby agree to indemnify, hold harmless, and defend SiteWizard AI, along with its affiliates, officers, directors, employees, agents, and third-party service providers, from any and all claims, losses, liabilities, damages, costs, and expenses (including, but not limited to, legal fees and costs of defense) that may be suffered by SiteWizard AI and which result either directly or indirectly from (i) your utilization of and access to this Site, or any Services made available on this Site; (ii) your breach or failure to abide by any term of this Agreement, including any incorporated policies or agreements; and (iii) any infringement or encroachment upon the rights of third parties, including, but not limited to, intellectual property rights, or any other proprietary rights.

The obligation to indemnify and the duty of defense detailed in this section shall be enduring and shall persist beyond any cessation or conclusion of this Agreement or your usage of this Site and any Services provided hereunder.

14.Termination

SiteWizard AI reserves the right to terminate, discontinue, or suspend providing any of our Service at any time or your access to our Service immediately, without prior notice, for any reason, including breaches of these Terms.

15.FEES AND PAYMENTS 

You hereby agree that the financial instrument of your choice may incur charges processed by our associated entities.

You are obligated to remit all applicable charges and fees due for Services procured at this Site at the point of ordering said Services. Such charges and fees are deemed non-refundable, irrespective of whether the Services are suspended, terminated, or transferred before the conclusion of the service term. SiteWizard AI categorically retains the right to modify its pricing structure at any given time, and such changes will be promulgated on this Site with immediate effect and without the prerequisite of additional notice to you. Should you secure Services for a fixed term, price and fee alterations will become operative upon renewal of the Services in reference. Payment for Services may be made through (i) a valid credit/debit card, (ii) PayPal, or (iii) via PayStack for transactions in the Ghanaian currency, each of which shall be referred to as a “Payment Method.”

PayPal Payment Option:

By selecting the PayPal payment option, you consent to allowing PayPal to deduct the entire cost of your purchase from either your PayPal account or any associated payment method. You are responsible for ensuring adequacy of funds and currency in your PayPal account. Both PayPal and SiteWizard AI disclaim any liability for payment failures due to insufficient funds or account closures. In case of fund withdrawal failure, PayPal and SiteWizard AI retain the right to seek all legal means for payment collection. Should such transactions be returned, a service fee as permitted by law may be charged.

Stripe Payment Option:

Selecting the Stripe payment option requires you to authorize Stripe to debit the purchase amount from your Stripe account or linked payment methods. Maintaining a current and funded Stripe account is your responsibility. Stripe and SiteWizard AI are not responsible for transaction denials due to fund or account shortages. If Stripe cannot execute a payment, both Stripe and SiteWizard AI are entitled to pursue legal avenues to secure payment. A returned transaction will result in a service charge, within legal limits.

PayStack Payment Option:

Using the PayStack payment option, which operates predominantly in Ghana Cedis (GHC) and functional in Ghana, Nigeria, South Africa, and Kenya, you concede to allow PayStack to charge the full purchase amount from the provided PayStack account and associated payment methods. The duty to maintain a current PayStack account falls on you. In the case of transaction failure, neither PayStack nor SiteWizard AI holds liability. Authorized legal actions may be initiated by both PayStack and SiteWizard AI in case of non-fulfillment of payment obligations. A service charge will be applied for any non-processing transaction.

Cryptocurrencies, tokens, and digital assets Payment Option:

SiteWizard AI extends payment options via cryptocurrencies and digital assets through a Cryptocurrency Payment Provider (CPP). In choosing this method, you affirm your agreement to CPP’s service conditions before transacting on SiteWizard AI. Acknowledge that any fees by the CPP, such as Exchange Rate Conversion Fees or Transaction Fees, are susceptible to changes without notice from SiteWizard AI.

You recognize that CPP has the right to decline any transaction, with neither CPP nor SiteWizard AI responsible for such. Service fulfillment by SiteWizard AI ensues only upon confirming payment through CPP’s payment processor. A temporal discrepancy may occur between your order and CPP’s payment confirmation, and if this confirmation is not secured within thirty (30) days, your order may be nullified, necessitating a reorder on your part.

16.SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

  1. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

18.COMPLIANCE WITH LOCAL LAWS

SiteWizard AI makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

19.Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of Wyoming, USA, law as applicable. Legal action must comply with these jurisdictions.

20.TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

21.Changes to Terms and Conditions

SiteWizard AI may make changes to these Terms and Conditions, and we advise users to review them periodically.

22.Contact Us (Global Compliance)

For queries regarding these Terms, contact us via email or our website. Our team is on hand to assist with compliance-specific concerns:

legal@sitewizard.ai

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