Terms of Service
1. Acceptance of these Terms
These Terms of Service (the “Terms”) are a binding agreement between you and Wise Guy Solutions, LLC (“WGS,” “we,” “us,” or “our”). They govern your access to and use of WebStirUS (webstirus.com), an online service for building, publishing, and managing websites, including its free editor, paid plans, custom-domain tools, and related features (the “Service”).
By accessing or using WebStirUS, creating an account, or clicking a button that says you agree, you accept these Terms. If you are using WebStirUS for an organization, you confirm that you have authority to bind it. If you do not agree, do not use WebStirUS.
2. Eligibility
You must be at least 18 years old, or the age of majority where you live, to create an account or buy a plan. The Service is not directed to children, and we do not knowingly collect personal information from anyone under 13. If you build a site for a school or organization, you confirm you have authority to do so.
3. Accounts and security
Some features require an account. You agree to provide accurate information, keep it current, and keep your password, two-step sign-in device, and recovery codes private. You are responsible for activity under your account. Tell us promptly if you suspect unauthorized access. We may require additional verification, and we may disable credentials we believe are compromised. Sign-in uses your email and a password, and always requires a second step. Keep your session and recovery methods private, sign out on shared computers, and do not let others use your account. You are responsible for everything that happens under your account, including content published to your site.
Two-step sign-in is required. Every WebStirUS account must use two-step sign-in. When you set up your account you choose a passkey or an authenticator app (and, where we offer it, a code sent by email), and you receive one-time recovery codes. Store your recovery codes somewhere safe: if you lose your device and your codes, we may need to verify your identity before restoring access.
4. Beta testing
WebStirUS is currently in development and testing (“beta”). During the beta, features may change and the Service may have bugs or be unavailable at times. If you join as a beta tester, you agree to try the Service and to answer one short survey. We will send you one survey email after January 1, 2027. Beta testers who use the Service and complete the survey receive three months free of the Pro plan for their own account. The complimentary three months have no cash value, cannot be transferred, and do not renew as a paid plan unless you choose to subscribe. Joining the beta does not start a paid subscription.
5. Plans, billing, and renewals
The Service offers a free plan and paid plans. Plan names, features, limits, prices, and billing periods are shown on the pricing page and at checkout, and the price you see at checkout is the price you agree to pay. We do not promise prices that are not shown there. Taxes may be added where required.
Payment. Payments are processed by Stripe. We do not see or store your full card number. By buying a paid plan you authorize us and our payment processor to charge your payment method.
Automatic renewal. Paid plans renew automatically for the billing period you chose (for example, monthly, yearly, or another term offered at checkout) and are charged to your saved payment method at the renewal price shown at checkout or in your billing settings, until you cancel. We will tell you about material price changes before they apply to your next renewal. Where a free trial is offered, it ends on the date shown, and your plan then begins and is charged unless you cancel before the trial ends.
Cancelling. You can cancel from your account billing settings or by contacting us. Cancellation stops future renewals; your paid features remain available until the end of the period you already paid for, and your site then moves to the free plan if the free plan can hold it, or may be unpublished if it exceeds free-plan limits.
Refunds. Except where required by law, or where we state otherwise at checkout or in writing, fees already charged are non-refundable and we do not provide credits for partial periods. If you believe you were charged in error, contact us promptly and we will review it in good faith.
Failed payments. If a payment fails, we may retry it, ask you to update your payment method, downgrade or suspend paid features, and unpublish content that exceeds free-plan limits.
6. Your sites and your content
“Your Content” means the text, images, logos, code, forms, products, and other materials you add to the Service or publish through it. You own Your Content. You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, reformat, transmit, and display Your Content, and to make backups of it, only as needed to run, secure, and improve the Service for you and to publish your site to visitors.
You are responsible for Your Content and for your site, including legal notices, privacy policy, accessibility, and compliance with laws that apply to you (for example, laws about advertising, consumer protection, email marketing, children’s privacy, and sales tax). You promise you own or have the right to use Your Content and that it does not violate these Terms or anyone’s rights. We do not review sites in advance and do not endorse them.
7. Acceptable use
You may not use the Service to do any of the following:
- publish content that is illegal, fraudulent, deceptive, defamatory, or that infringes copyright, trademark, privacy, or other rights;
- publish sexual content involving minors, content that sexualizes or exploits minors, or content that encourages self-harm, violence, or hate against people or groups;
- publish adult content, or run a site that targets children under 13 and collects personal information from them, without complying with all applicable laws and our rules;
- run phishing, malware, scams, fake storefronts, or pyramid or illegal gambling schemes;
- send spam, or use forms or the Service to harvest information about people without their consent;
- sell or promote weapons, controlled substances, or other goods or services that are illegal or that our payment processors prohibit;
- attempt to break, scan, overload, reverse engineer, or gain unauthorized access to the Service or other users’ sites; or
- resell the Service or build a competing service using our software, templates, or design without written permission.
We may investigate suspected violations, remove or restrict content, and report unlawful activity to authorities. We are not required to monitor content, but we may do so to protect the service and other people.
8. Custom domains
Where the Service lets you connect a custom domain, you must own it or have the right to use it, and you are responsible for registering it, renewing it, and setting the DNS records it requires. We do not control third-party registrars and DNS providers. Domain registration, renewal, transfer, and pricing are governed by the registrar’s terms. If you remove a domain or lose control of it, your site may stop loading at that address.
9. Third-party services
The Service works with third-party providers, including Stripe (payments), Cloudflare (network security and delivery), email providers, and the embeds, fonts, maps, videos, or integrations you choose to add. They have their own terms and privacy practices, and we are not responsible for them. If you add a third-party embed, you are responsible for any notice and consent it requires from your visitors.
10. Visitor data and your obligations
If your site collects information from visitors (for example, through a contact form, sign-up, or checkout), you are the party that decides why and how that information is collected, and you are responsible for telling visitors, getting any consent the law requires, and handling their requests. We process visitor information for you only to provide the Service. Do not collect sensitive information (such as government ID numbers, payment-card numbers outside our payment flow, or health information) through forms unless the Service expressly supports it.
11. The assistant and AI tools
The editor and blog manager include an assistant that can suggest titles, tidy text, and suggest layouts. Where AI tools are turned on, the assistant can also suggest page changes and make pictures. These tools have limits:
- Suggestions can be wrong. AI results can be inaccurate, incomplete or unexpected. Do it! changes the page in the editor right away, and Undo takes the change back. New pictures are only added when you choose Insert. Nothing is saved until you save, and nothing is published until you publish it. Review every result before you save or publish, because you are responsible for what appears on your site.
- Only the editor’s own tools. The assistant can only use actions the editor supports. Being able to make a picture does not mean it can edit pictures in other ways, such as removing a background.
- Content rules. AI tools will not make sexually explicit, profane, gory, violent, hateful or otherwise unsafe content, pictures of death or self-harm, pictures of children, or pictures of real or well-known people or their lookalikes. Requests and results are checked automatically. These checks are not perfect: they can refuse a harmless request, and they can miss something. Section 7 (Acceptable use) still applies to everything you publish.
- Rights. We do not promise that AI results are original, unique or free of other people’s rights. You are responsible for making sure you have permission to use and publish what you add to your site.
- Limits and availability. AI tools may be limited by your plan, by daily or other usage limits, and by availability. We may change, pause or turn them off, and we do not promise unlimited use.
- Outside AI providers. The editor and your site are hosted on our servers, but the assistant's AI features use an outside AI provider (currently OpenAI). When you use them, the text you send to the assistant (and, for picture requests and checks, the pictures) is sent to that provider to produce a result.
12. Intellectual Property, Copyright and Trademarks
Ownership. The Service and everything we provide as part of it, including the WebStirUS software, source and object code, editor, templates, themes, components, design, layout, “look and feel,” logos, text, graphics, icons, and images (together, “WebStirUS Materials”), are owned by Wise Guy Solutions, LLC or its licensors and are protected by United States and international copyright, trademark, trade dress, and other intellectual property laws and treaties. All rights not expressly granted in these Terms are reserved.
Trademarks. WebStirUS and the WebStirUS logo are trademarks of Wise Guy Solutions, LLC. You may not use them, or any confusingly similar name or mark, without our prior written permission, except to refer accurately to the Service. Other product and company names and marks mentioned on the Service are the trademarks of their respective owners, and their mention does not imply endorsement.
Limited license to you. While these Terms are in effect we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for its intended purpose. Templates, themes, and components we supply may be used only to build and run sites on the Service.
Restrictions. Except as these Terms expressly allow, or as we permit in advance in writing, no part of the WebStirUS Materials may be copied, reproduced, distributed, modified, republished, displayed, sold, leased, framed, mirrored, scraped or harvested by automated means, decompiled, disassembled, reverse-engineered, or used to create derivative works, except to the extent applicable law expressly permits despite this restriction. Open-source components remain subject to their own licenses.
Your Content. You keep ownership of Your Content, as described in Section 6. The license you give us in Section 6 is limited to what we need to host, operate, display, back up, secure, and provide the Service, and nothing in this Section transfers ownership of Your Content to us. Copyright notices on WebStirUS pages do not apply to sites you publish.
Feedback. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free, worldwide right to use them without obligation to you.
Infringement notices. Notices of claimed copyright or trademark infringement, including notices under the Digital Millennium Copyright Act, should be sent to Wise Guy Solutions, LLC at [email protected] as described in Section 15. This Section is governed by the laws of the State of Colorado and applicable U.S. federal law, as provided in Section 21.
13. Availability, backups, and your data
We work to keep the Service available and to protect your data, but we do not guarantee uninterrupted or error-free operation, and the free plan has no uptime commitment. We may interrupt the Service for maintenance and security. Features may be changed, limited, or retired.
Backups. At official launch, WebStirUS runs scheduled server backups of the sites we host, so your work is also kept safe on our side. Backups are kept for a limited time, and restoring from them is a best-effort service.
Export. You can download a copy of your pages at any time with the editor’s download button, and we encourage you to keep your own copies of important content. Before you close your account, you can download your sites. After an account or site is closed we may delete its content on a schedule we choose, except where the law requires us to keep it.
14. Privacy
Our Privacy Policy explains what information we collect and how we use it. It is not part of the contractual promises in these Terms, but by using the service you acknowledge it.
15. Copyright complaints (DMCA)
We respect the rights of copyright owners. If you believe material on WebStirUS infringes your copyright, send a written notice to Wise Guy Solutions, LLC at [email protected], or by mail to Wise Guy Solutions, LLC, PO Box 7002, Colorado Springs, CO 80933. Your notice should include: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) the exact web address of the material you say is infringing; (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law; and (6) a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner.
If you believe material was removed by mistake, you may send a counter-notice with the same kind of identifying information, a statement under penalty of perjury that you have a good-faith belief the removal was a mistake, and your consent to the jurisdiction of the courts described in these Terms. We may remove or disable access to reported material and may end the accounts of repeat infringers in appropriate circumstances. We have not claimed designated-agent registration with the U.S. Copyright Office; sending a notice to the address above is the way to reach us.
16. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, WEBSTIRUS IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the service will be uninterrupted, secure, timely, or error-free, that defects will be corrected, or that results or information will be accurate or reliable.
Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you. Nothing in these Terms limits any warranty or right that cannot be waived under applicable law, including Colorado law.
17. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WISE GUY SOLUTIONS, LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR ONE HUNDRED U.S. DOLLARS (US$100) IF YOU HAVE PAID NOTHING.
These limits do not exclude or limit liability that cannot be excluded or limited under applicable law, such as liability for fraud or willful misconduct. They apply regardless of the legal theory, including contract, tort (including negligence), or strict liability.
18. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless Wise Guy Solutions, LLC and its members, managers, employees, and contractors from third-party claims, and from related losses, damages, and reasonable attorneys’ fees, arising out of Your Content, your site, your use of the Service, your violation of these Terms, or your violation of any law or the rights of another person. We will give you prompt notice of a claim and reasonable cooperation at your expense, and we may take part in the defense with our own counsel. You may not settle a claim that imposes obligations on us without our written consent.
19. Suspension and termination
You may stop using WebStirUS at any time by cancelling your plan and deleting your account. We may suspend, restrict, or end your access, with or without notice where the situation is urgent, if you breach these Terms, if we reasonably believe your use creates security, legal, or safety risk or could harm others, if required by law or by a payment or infrastructure provider, or if we discontinue the service. Where reasonable we will tell you why and give you a chance to respond or retrieve your information.
When access ends, your right to use the service ends. Sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law) survive termination. Termination does not cancel amounts you already owe.
20. Changes to these Terms and to the service
We may update these Terms from time to time. When we do, we will change the effective date on this page and, if the change is material, give additional notice by email, in the service, or on this page before it takes effect. If you keep using the service after the effective date, you accept the updated Terms; if you do not accept them, stop using the service. We may also change, suspend, or discontinue features of the service. We will give at least advance notice, as described above, of material changes to paid plans before they affect a renewal.
21. Governing law and disputes
These Terms and any dispute arising from them or from the service are governed by the laws of the State of Colorado and applicable U.S. federal law, without regard to conflict-of-law rules.
Informal resolution first. Before filing a claim, you and WGS agree to try to resolve the dispute informally. Send a written description of the problem and what you are asking for to the contact address below. We will work in good faith for at least thirty (30) days after we receive it before either side starts a court case, except that either side may seek urgent court relief to stop infringement, misuse of confidential information, or security harm.
Venue. If a dispute is not resolved informally, it must be brought in the state or federal courts located in Colorado, and you and WGS consent to their personal jurisdiction and venue. Nothing in these Terms takes away rights you have under mandatory consumer-protection laws that cannot be waived by contract.
22. General terms
- Severability. If a provision of these Terms is held unenforceable, it will be enforced to the extent permitted and the rest of the Terms stay in effect.
- Entire agreement. These Terms, together with any order, proposal, statement of work, or product-specific terms you accept, are the entire agreement between you and WGS about the service and replace earlier understandings. If a separately signed agreement conflicts with these Terms, the signed agreement controls for what it covers.
- No waiver. A delay or failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets, or to an affiliate.
- Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, including outages of internet, power, or third-party providers, labor disputes, or acts of government or nature (payment obligations excepted).
- Electronic communications. You consent to receive notices from us electronically, including by email or by posting on the service, and agree that electronic notices satisfy any legal requirement that notices be in writing.
- No third-party beneficiaries. These Terms do not create rights for anyone who is not a party, except for the protected persons named in the indemnification and limitation sections.
23. Contact us
Questions about these Terms, notices under these Terms, and the informal dispute-resolution step above can be sent to:
Wise Guy Solutions, LLC
PO Box 7002, Colorado Springs, CO 80933
Email: [email protected]
Phone: (719) 212-9473
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