Last Modifed: April 28th, 2024

 

Welcome to SitePenguin.co (“SitePenguin”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, services, and products. By accessing or using our website, services, or products, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use our website, services, or products.

 

 

1. Use of Services:

 

1.1. License: Subject to these Terms, SitePenguin grants you a limited, non-exclusive, non-transferable license to access and use our website, services, and products for your personal or internal business purposes.

 

1.2. Restrictions: You may not modify, adapt, sublicense, sell, or distribute any part of our website, services, or products without our prior written consent. You may not use our website, services, or products for any unlawful purpose or in any manner that violates these Terms.

 

 

2. User Accounts:

 

2.1. Registration: In order to access certain features of our website or use our services, you may be required to create an account and provide certain information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

 

2.2. Termination: We reserve the right to suspend or terminate your account at any time, without prior notice or liability, for any reason, including if you violate these Terms.

 

 

3. Payment and Subscription:

 

3.1. Subscription Plans: If you purchase a subscription plan or other paid services, you agree to pay the fees associated with your selected plan or services.

 

3.2. Billing: You authorize SitePenguin to charge your chosen payment method for the applicable fees on a recurring basis until you cancel your subscription.

 

3.3. Cancellation: You may cancel your subscription at any time by following the instructions on our website or contacting customer support. Cancellation will be effective at the end of the current billing cycle, and you will not be entitled to a refund for any unused portion of the subscription period.

 

 

4. Intellectual Property:

 

4.1. Ownership: All content, materials, and intellectual property rights associated with our website, services, and products are owned or licensed by SitePenguin. You may not use, copy, reproduce, or distribute any content from our website or services without our prior written consent.

 

 

5. Buyout Agreement:

 

5.1. Option to Purchase IP: SitePenguin offers customers the option to purchase the intellectual property (IP) rights associated with their website separately from the subscription service. Unless the customer exercises the option to purchase the IP rights to their website, all content, materials, and intellectual property rights associated with the website developed by SitePenguin shall remain the property of SitePenguin.

 

5.2. Price and Terms: The price for purchasing the IP rights to the website shall be determined by SitePenguin based on factors such as the complexity of the website, the duration of the subscription, and other relevant considerations. The terms of the buyout agreement, including payment terms and transfer of ownership, shall be agreed upon between SitePenguin and the customer in writing.

 

5.3. Effect of Buyout: Upon completion of the buyout agreement and payment of the agreed-upon price, SitePenguin shall transfer ownership of the IP rights to the customer, and the customer shall have full control and authority over the use and management of the website.

 

5.4. No Refunds: Customers who choose not to purchase the IP rights to their website separately from the subscription service shall not be entitled to a refund of any fees paid for the subscription service.

 

 

6. Disclaimer of Warranties:

 

6.1. As Is: Our website, services, and products are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied. We do not warrant that our website, services, or products will be uninterrupted, secure, or error-free.

 

 

7. Limitation of Liability:

 

7.1. Exclusion: In no event shall SitePenguin be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, arising out of or in connection with your use of our website, services, or products, even if we have been advised of the possibility of such damages.

 

 

8. Indemnification:

 

8.1. Defense: You agree to indemnify, defend, and hold harmless SitePenguin and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to your use of our website, services, or products or your violation of these Terms.

 

 

9. Governing Law:

 

9.1. Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of Florida, without regard to its conflict of law provisions.

 

 

10. Changes to Terms:

 

10.1. Modification: We reserve the right to update or modify these Terms at any time, without prior notice. Any changes will be effective immediately upon posting the revised Terms on our website.

 

 

11. Contact Us:

 

If you have any questions or concerns about these Terms, please contact us at [email protected]

 

Thank you for choosing SitePenguin. We hope you enjoy our services and products.