Terms of Service

Last updated: January 2025

1. Introduction

Welcome to Website Marketing HQ ("Company," "we," "us," or "our"). These Terms of Service ("Terms," "ToS," or "Agreement") govern your use of our website, platform, and services (collectively, the "Service"). By accessing or using Website Marketing HQ, you agree to be bound by these Terms. If you do not agree to abide by the above, please do not use this service.

Website Marketing HQ provides a comprehensive content strategy and optimization platform designed to help marketing teams plan, produce, and optimize web content that drives conversions. Our Service includes SEO content briefs, strategy sprints, AI-assisted copy generation, workflow management, and analytics tools.

These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you acknowledge that you have read, understood, and agree to be bound by all the provisions of these Terms of Service.

2. User Agreements and Eligibility

2.1 Eligibility

To use the Service, you must be at least 18 years old and possess the legal authority to enter into this Agreement. If you are using the Service on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms. You agree to provide accurate, current, and complete information during registration and to keep such information updated.

2.2 Account Registration

When you create an account with Website Marketing HQ, you are responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breaches of security. Website Marketing HQ will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

2.3 User Responsibilities

You agree that you are solely responsible for your use of the Service and for all data, content, and information you provide or upload to the Service. You warrant that all information you provide is accurate, truthful, and does not violate any third-party rights. You are responsible for maintaining backups of your data and content outside of the Service.

3. Acceptable Use Policy

You agree not to use the Service for any purpose that is unlawful or prohibited by these Terms. You specifically agree not to use the Service to:

  • Create, upload, or transmit content that is unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Engage in any form of harassment, bullying, or discrimination based on protected characteristics
  • Access or search the Service by any means other than our publicly supported interfaces
  • Attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service
  • Probe, scan, or test the vulnerability of the Service or breach security or authentication measures
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service
  • Interfere with or disrupt the integrity or performance of the Service or third-party systems or services
  • Remove, obscure, or alter any proprietary notices or labels on the Service
  • Use the Service to generate, transmit, or store content that infringes on the intellectual property rights of others
  • Violate any applicable laws, regulations, or third-party rights

Website Marketing HQ reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any provision of this policy, including without limitation, removing the offending content from the Service and terminating the accounts of such violators.

4. Intellectual Property Rights

4.1 Website Marketing HQ Content

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by Website Marketing HQ, its licensors, or other providers of such material and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Service for your personal or business use, subject to these Terms.

4.2 Your Content

You retain all ownership rights to any content you create, upload, or provide to the Service ("Your Content"). By uploading Your Content to the Service, you grant Website Marketing HQ a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, distribute, and display Your Content solely for the purpose of providing the Service and improving our offerings. This license does not permit Website Marketing HQ to use Your Content for training artificial intelligence models or for any purpose other than providing the Service, unless you explicitly consent.

4.3 Restrictions

Except as expressly permitted by these Terms, you may not reproduce, modify, distribute, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service. Any unauthorized use of the Service or its content is prohibited and may result in legal action.

5. Limitation of Liability and Disclaimers

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WEBSITE MARKETING HQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WEBSITE MARKETING HQ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WEBSITE MARKETING HQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.

5.3 Limitation Cap

IN NO EVENT SHALL WEBSITE MARKETING HQ'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO WEBSITE MARKETING HQ IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

5.4 Assumption of Risk

YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICE. WEBSITE MARKETING HQ SHALL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR ANY MATERIALS AVAILABLE THROUGH THE SERVICE.

6. Payment and Billing

6.1 Subscription Plans

Website Marketing HQ offers various subscription plans with different features and pricing. By selecting a subscription plan, you agree to pay the fees associated with that plan. Fees are exclusive of all applicable taxes unless otherwise stated. You are responsible for paying all taxes, duties, and governmental fees associated with your use of the Service.

6.2 Billing and Renewal

Subscription fees are billed according to the plan you select (monthly, annually, or as otherwise specified). Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize Website Marketing HQ to charge your payment method for all fees and charges incurred through your account.

6.3 Cancellation

You may cancel your subscription at any time by logging into your account and following the cancellation instructions, or by contacting our support team. Cancellation will take effect at the end of your current billing period. No refunds will be issued for partial months or unused portions of your subscription, except as required by law.

6.4 Price Changes

Website Marketing HQ reserves the right to change subscription fees at any time. We will provide at least thirty (30) days' notice of any price increase. Your continued use of the Service after the price increase takes effect constitutes your acceptance of the new pricing.

7. Termination

Website Marketing HQ may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including if you breach any of these Terms. Upon termination, your right to use the Service will immediately cease. Website Marketing HQ will not be liable to you or any third party for any claims arising from or related to the termination of your account or access to the Service.

You may terminate your account at any time by contacting our support team or through your account settings. Upon termination, Website Marketing HQ may retain your data for a period of time in accordance with our Privacy Policy and applicable law.

8. Indemnification

You agree to indemnify, defend, and hold harmless Website Marketing HQ and its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your infringement of any third-party intellectual property rights
  • Any content you create, upload, or provide to the Service
  • Any claim that Your Content violates or infringes upon the rights of any third party

Website Marketing HQ reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Website Marketing HQ's defense of such claim.

9. Governing Law and Dispute Resolution

9.1 Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

9.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration and Mediation Services Rules & Procedures, rather than in court. The arbitration shall be conducted in San Francisco, California, and shall be governed by the Federal Arbitration Act. Each party shall bear its own attorneys' fees and costs, and the parties shall equally split the arbitrator's fees and administrative costs of arbitration.

9.3 Exception

Notwithstanding the above, either party may bring an action in court to seek injunctive relief to prevent infringement of intellectual property rights or to enforce confidentiality obligations.

10. Modifications to Terms

Website Marketing HQ reserves the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Service. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to check these Terms periodically for changes. Your use of the Service following the posting of revised Terms constitutes your acceptance of the revised Terms.

11. Modifications to Service

Website Marketing HQ reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Website Marketing HQ shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

12. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements posted on the Service, constitute the entire agreement between you and Website Marketing HQ concerning your use of the Service and supersede all prior agreements and understandings, whether written or oral, relating to such subject matter.

14. Contact Information

If you have any questions about these Terms of Service or the Service in general, please contact us at:

Website Marketing HQ

San Francisco, CA

We will make every effort to resolve any issues or concerns you may have regarding these Terms or the Service. If you believe that Website Marketing HQ has violated these Terms or your rights, please contact us using the information provided above.

Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY ALL OF THEIR TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SERVICE.