Terms of Service

1. Agreement to Terms

By purchasing services from Whoosh Web ("we," "our," or "us") or accessing websites we create on your behalf, you ("Customer," "you," or "your") agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use our services.

These Terms apply to all services provided by Whoosh Web, including but not limited to website creation, hosting, domain registration, and related services.

2. Services Overview

Whoosh Web provides AI-generated custom landing page services with flexible pricing options including:

• Monthly Subscription: Recurring monthly billing with setup fee
• Annual Subscription: Annual billing with setup fee (discounted rate)
• Lifetime Purchase: One-time payment with no recurring fees

All services include custom website generation, hosting, and deployment to production. Current pricing is displayed on our website at the time of purchase.

3. Domain Registration & Ownership

We handle all the technical complexities of domain registration and management so you don't have to. Domain ownership varies depending on your pricing tier.

3.1 Domain Registration Process

As part of our Done-For-You service, we take care of everything:

• We register a custom domain on your behalf using reputable domain registrars and will remain the owner of record for subscription-based plans to streamline management and renewals
• We set up all DNS records and SSL certificates automatically
• We handle technical configuration so your site goes live seamlessly
• Domain selection is subject to availability and mutual agreement
• Domain registration typically completes within 24-48 hours of purchase
• Domain costs are included in your service fee

3.2 For Monthly & Annual Subscriptions

For subscription-based services, we maintain ownership of the domain to simplify management and ensure uninterrupted service:

• We handle all domain renewals, DNS updates, and technical maintenance automatically
• Your website remains live and accessible at your custom domain throughout your active subscription
• You can use the domain for all your business purposes during your subscription term
• No technical knowledge required—we manage everything behind the scenes
• Domain Transfer Option: If you'd like to own the domain yourself, you may purchase it from us for a flat transfer fee while your subscription is active. Contact us at [email protected] for details

3.3 For Lifetime Purchases

For one-time lifetime purchases:

• You receive full ownership of the website code
• First year domain registration and hosting are included in your purchase
• After the first year, you are responsible for domain and hosting costs
• You may continue hosting with us or move the site to a hosting provider of your choice at any time
• No recurring subscription fees—you only pay for domain and hosting services you choose to use

4. Subscription Terms

4.1 Billing

For subscription plans:

• Monthly: Billed automatically on the same day each month
• Annual: Billed automatically once per year
• Payment is processed via Stripe
• You authorize automatic recurring charges to your payment method
• Setup fees are charged once at initial purchase

4.2 Cancellation Policy

You may cancel your subscription at any time by contacting us at [email protected].

• Cancellation takes effect at the end of your current billing period
• No partial refunds for unused time within a billing period
• You retain access to your website until the end of the paid period
• Upon cancellation: Your website will be taken offline and the domain will no longer be accessible to you
• Domain After Cancellation: If you'd like to retain the domain after canceling, contact us before your subscription ends. We may be able to transfer it to you for a flat fee if we still own it

4.3 Failed Payments

If a payment fails:

• We will attempt to retry the payment automatically
• You will receive email notifications about failed payments
• Your account will enter a grace period of 7 days
• After 7 days of non-payment, your website may be taken offline
• Your domain may be suspended or released if payment is not resolved

5. Website Delivery & Service

5.1 Website Preview

Before purchase, you may view a custom-generated website preview at a unique URL (e.g., whooshweb.com/preview/your-business). This preview is for demonstration purposes only and does not constitute delivery of the final website.

5.2 Production Deployment

After purchase completion:

• Your website will be deployed to industry-standard production hosting infrastructure
• Domain registration will be initiated within 24 hours
• DNS propagation may take 24-48 hours
• You will receive a confirmation email when your site is live
• SSL certificate (HTTPS) is automatically provisioned

5.3 Website Content

Your website is generated using advanced AI technology based on:

• Business information you provide
• Industry best practices and templates
• Stock images and design elements

Content Accuracy: While we strive for accuracy, you are responsible for reviewing and requesting changes to any business information, claims, or content before going live. We are not liable for inaccuracies in AI-generated content.

5.4 Website Updates

Content updates or changes to your website after deployment may incur additional fees. Contact us for pricing on custom modifications.

6. Refund Policy

• Setup Fees: Setup fees are non-refundable once services are initiated
• First Payment: If you are unsatisfied within 7 days of your website going live, contact us for a potential refund (minus setup fee)
• Recurring Payments: No refunds for monthly or annual subscription fees after the 7-day period
• Lifetime Purchases: Refunds considered on a case-by-case basis within 14 days of delivery
• Domain Registration: Domain registration costs are non-refundable as they are paid to third-party registrars

7. Hosting & Uptime

We provide hosting via industry-leading, enterprise-grade platforms:

• We target 99.9% uptime but do not guarantee uninterrupted service
• Scheduled maintenance may occur with reasonable notice
• We are not liable for downtime caused by third-party hosting providers
• Bandwidth limits apply based on our hosting tier; overage fees may apply for high-traffic sites

8. Intellectual Property

8.1 Your Content

You retain ownership of your business name, logo, and any proprietary content you provide. By using our services, you grant us a license to use this content to create and display your website.

8.2 Generated Website

The website code, design, and structure are created by Whoosh Web and remain our intellectual property unless otherwise specified:

• Subscription Plans: You receive a license to use the website during your subscription
• Lifetime Purchase: You receive perpetual ownership rights to the website code and design
• You may not resell, redistribute, or white-label our website templates without written permission

8.3 Third-Party Assets

Stock photos, icons, and design elements used in your website are sourced from licensed providers or AI generation. We ensure proper licensing, but you are responsible for verifying compliance with your specific use case.

9. Acceptable Use Policy

You agree not to use our services for:

• Illegal activities or content that violates any laws
• Adult content, gambling, or illicit services
• Phishing, malware distribution, or fraudulent schemes
• Spam, unsolicited marketing, or deceptive practices
• Content that infringes on intellectual property rights
• Harassment, hate speech, or discriminatory content

Violation Consequences: We reserve the right to immediately suspend or terminate services without refund if you violate this policy.

10. Done-For-You Service

Whoosh Web provides a Done-For-You (DFY) website creation service, which includes AI-generated content, domain registration assistance, and deployment. By using our DFY service, you acknowledge and agree to the following:

• No Guarantee of Results: We make no promises or guarantees regarding the performance, traffic, conversions, or business success resulting from your website. Website outcomes depend on various factors including your business model, market conditions, and your own marketing efforts.
• Content Review Responsibility: You are solely responsible for reviewing all AI-generated content, business information, and claims on your website before it goes live. You must verify accuracy and compliance with applicable laws and regulations.
• Legal Compliance: You are responsible for ensuring your website content, business practices, and use of the website comply with all applicable laws, regulations, and industry standards in your jurisdiction.
• Third-Party Claims: We are not liable for any claims, demands, or legal actions related to your website content, business practices, or services you offer. You agree to indemnify and hold Whoosh Web harmless against any such claims.
• Service Limitations: While we provide recommendations and handle technical deployment, you retain full ownership, control, and responsibility for all decisions regarding your website content and business operations.

By purchasing our DFY service, you acknowledge that you have reviewed and understood these terms and agree that our liability is governed exclusively by the limitations described in this Agreement.

11. Limitation of Liability

To the maximum extent permitted by law:

• Whoosh Web is not liable for any indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid for services in the past 12 months
• We are not responsible for lost profits, data loss, or business interruption
• We do not guarantee specific business results, traffic, or conversions from your website
• You use AI-generated content at your own risk and should verify accuracy

12. Disclaimers

Services are provided "AS IS" without warranties of any kind, express or implied, including:

• Merchantability or fitness for a particular purpose
• Accuracy, reliability, or completeness of AI-generated content
• Uninterrupted or error-free service
• Security of data transmission over the internet

13. Data & Privacy

Our collection and use of your personal information is governed by our Privacy Policy. By using our services, you consent to our data practices as described in the Privacy Policy.

We collect business information, payment details (via Stripe), and usage analytics to provide and improve our services.

14. Third-Party Services

Our services integrate with industry-standard third-party providers:

• Payment Processing: We use leading payment processors to handle transactions securely
• Website Hosting: Industry-leading hosting infrastructure
• Database Services: Enterprise-grade database hosting
• Domain Registrars: Reputable domain registration services
• AI Technology: Advanced AI models for content generation

You agree to be bound by these third parties' terms of service. We are not responsible for their actions, failures, or policy changes.

15. Termination

15.1 Termination by You

You may cancel your subscription at any time as described in Section 4.2.

15.2 Termination by Us

We may terminate or suspend your services immediately if:

• You breach these Terms of Service
• Your payment method fails and remains unresolved
• You violate our Acceptable Use Policy
• We are required to do so by law

15.3 Effect of Termination

Upon termination:

• Your website will be taken offline within 48 hours
• Domain will no longer be accessible (for subscription plans, unless transferred as described in Section 4.2)
• Data may be deleted after 30 days
• You remain responsible for any unpaid fees

16. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective:

• Immediately upon posting for new customers
• At your next renewal date for existing customers
• With 30 days notice for material changes

Continued use of our services after changes constitutes acceptance of the updated Terms. The "Last Updated" date at the top indicates the most recent revision.

17. Governing Law & Disputes

These Terms are governed by the laws of the State of Florida. Any disputes will be resolved through:

• Good faith negotiation between parties
• Binding arbitration if negotiation fails
• Small claims court for claims under $10,000

You waive any right to class action lawsuits or jury trials related to these Terms.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

19. Contact Information

For questions about these Terms of Service, cancellations, or support: