Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of ModernSite Studio ("ModernSite," "we," "us," or "our"), including our website at modernsite.studio, the website builder platform, visual editor, published sites, and all related services (collectively, the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 16 years old to use ModernSite. By using the Service, you represent that you are at least 16 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

3. Account Registration

To use ModernSite, you must create an account using a valid email address. We use passwordless authentication (one-time email codes). You are responsible for:

• Maintaining access to the email address associated with your account
• All activity that occurs under your account
• Notifying us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

4. The Service

4.1 What We Provide

ModernSite provides:

• A library of professionally designed website templates
• A visual editor for customizing templates with your content
• AI-powered content import from existing websites
• Website hosting and publishing on .modernsite.site subdomains
• Custom domain connection with free SSL
• Built-in contact forms with lead inbox and email notifications
• Built-in analytics (pageviews, referrers, devices, geography)
• Weekly traffic report emails
• SEO settings and metadata management

4.2 Free Tier

You may create an account, select templates, and customize your site for free. Publishing your site (making it publicly accessible) requires an active paid subscription.

4.3 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. We may perform maintenance, updates, or experience outages. We will make reasonable efforts to notify you of planned downtime.

5. Subscriptions and Billing

5.1 Pricing

ModernSite subscriptions are billed per site at the rate displayed at the time of purchase (currently $19/month). Prices may change with 30 days notice. Existing subscriptions will not be affected by price changes until the next renewal after the notice period.

5.2 Billing Cycle

Subscriptions are billed monthly on the anniversary of your subscription start date. Payment is processed automatically via Stripe using the payment method on file.

5.3 Failed Payments

If a payment fails, your subscription status will be marked as "past due." You will receive an email notification. Your site will remain published for a 7-day grace period. If payment is not resolved within this period, your site may be unpublished.

5.4 Cancellation

You may cancel your subscription at any time from the billing page or through the Stripe customer portal. Upon cancellation:

• Your site remains published until the end of the current billing period
• You retain access to the editor and dashboard until the period ends
• No refunds are issued for partial billing periods
• After the period ends, your site will be unpublished but your content is preserved
• You can reactivate at any time to republish

5.5 Refunds

We do not offer refunds for partial billing periods. If you believe you were charged in error, contact us at billing@modernsite.studio within 14 days of the charge.

6. Your Content

6.1 Ownership

You retain full ownership of all content you create, upload, or import into ModernSite. This includes text, images, media, and any other materials. We do not claim any intellectual property rights over your content.

6.2 License to Us

By uploading content to ModernSite, you grant us a limited, non-exclusive license to store, display, and transmit your content solely for the purpose of providing the Service (hosting your website, generating thumbnails, delivering it to visitors). This license terminates when you delete your content or account.

6.3 Content Responsibility

You are solely responsible for ensuring that your content:

• Does not infringe on any third-party intellectual property rights
• Does not violate any applicable laws or regulations
• Does not contain malware, viruses, or harmful code
• Is accurate and not misleading (especially for healthcare/wellness claims)
• Complies with applicable professional licensing and advertising regulations

6.4 Healthcare Content Disclaimer

ModernSite provides website templates and hosting. We do not review, verify, or endorse any healthcare, medical, or wellness claims made on sites built with our platform. Site owners are solely responsible for ensuring their content complies with applicable healthcare advertising regulations, professional licensing requirements, and truth-in-advertising laws in their jurisdiction.

7. Prohibited Uses

You may not use ModernSite to:

• Create sites that promote illegal activities
• Distribute malware, phishing pages, or deceptive content
• Infringe on intellectual property rights of others
• Harass, threaten, or defame any person
• Send spam or unsolicited communications through our contact forms
• Attempt to gain unauthorized access to our systems or other users' accounts
• Resell or redistribute our templates or service without permission
• Use automated tools to scrape, copy, or reproduce our templates
• Create sites with content that exploits minors
• Impersonate another person or entity

We reserve the right to remove content or suspend accounts that violate these prohibitions, with or without notice.

8. Templates and Intellectual Property

8.1 Template License

Our templates are licensed, not sold. Your subscription grants you a non-exclusive, non-transferable license to use our templates for your own website(s). You may customize templates with your content. You may not redistribute, resell, or sublicense our templates or their underlying code.

8.2 Our Intellectual Property

ModernSite, our logo, template designs, platform code, and all associated intellectual property remain our exclusive property. Nothing in these Terms transfers ownership of our intellectual property to you.

9. Custom Domains

You may connect a custom domain to your ModernSite. You are responsible for:

• Owning or having authorization to use the domain
• Configuring DNS records as instructed
• Maintaining domain registration and renewal
• Ensuring the domain is not used for prohibited purposes

We provide free SSL certificates for connected domains via our hosting provider. If your subscription ends, your custom domain will stop pointing to your site (though the domain itself remains yours).

10. Contact Form Submissions

ModernSite provides built-in contact forms on published sites. When a visitor submits a form:

• The submission is stored in your lead inbox within the ModernSite dashboard
• An email notification is sent to your configured business email
• You are the data controller for visitor-submitted information
• You are responsible for handling visitor data in compliance with applicable privacy laws (GDPR, CCPA, etc.)

11. Limitation of Liability

To the maximum extent permitted by law, ModernSite and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or content
• Service interruptions or downtime
• Errors or inaccuracies in the Service
• Unauthorized access to your account

Our total liability for any claim arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that any content on sites built with our platform is accurate, complete, or reliable.

13. Indemnification

You agree to indemnify, defend, and hold harmless ModernSite and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your content or websites published through the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any claims by visitors to your published site

14. Termination

14.1 By You

You may delete your account at any time by contacting us. Upon deletion, your sites will be unpublished and your data will be permanently removed within 30 days (except as required by law for financial records).

14.2 By Us

We may suspend or terminate your account if you violate these Terms, engage in prohibited uses, fail to pay for your subscription, or if we reasonably believe your account poses a risk to our platform or other users. We will make reasonable efforts to notify you before termination, except in cases of severe violations.

14.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Your published sites will be taken offline. Sections of these Terms that by their nature should survive termination will survive (including Limitation of Liability, Indemnification, and Dispute Resolution).

15. Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through good-faith negotiation first. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

You agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we may also send an email notification. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

18. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and ModernSite.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms. We may assign our rights without restriction.
• Force Majeure: We are not liable for failures caused by circumstances beyond our reasonable control (natural disasters, war, government actions, internet outages).

19. Contact

For questions about these Terms of Service, contact us at: