Terms of Service

1. Who we are

WebModernize ("the Service") is operated by Megahost LLC, 36 South 18th Avenue, Suite D, Brighton, CO 80601, United States ("Megahost LLC", "we", "us"). These Terms of Service ("Terms") form a binding agreement between us and the business or person that creates an account ("Customer", "you").

2. Acceptance and eligibility

By creating an account, starting a subscription or using the Service, you accept these Terms, our Privacy Policy, our Acceptable Use Policy and, where it applies, our Data Processing Addendum.

The Service is intended for businesses and professionals. You must be at least 18 years old and able to enter into contracts. If you accept these Terms for a company, you confirm that you are authorised to bind it.

3. The Service

The Service lets you import business leads, analyse publicly available websites, generate design concepts and sales documents, send emails to business contacts, and track engagement and a sales pipeline.

We may improve, change or discontinue features. If we remove a core feature you pay for, we will give you reasonable notice and, where appropriate, a pro-rata refund of prepaid fees for that feature.

4. Accounts and workspaces

• You are responsible for the accuracy of your account information and for keeping your credentials confidential.
• Each workspace has an owner. Owners and admins may invite members; you are responsible for everything done in your workspace.
• Notify us promptly at support@webmodernize.com if you suspect unauthorised access.

5. Plans, allowances and fair use

Each plan includes monthly allowances (for example website analyses, redesigns, emails and team seats) and an internal limit on AI processing that protects the platform. When an allowance is used up, the related actions pause until the next billing period or until you change plan.

Allowances are for your own business use and may not be resold, pooled across unrelated businesses, or circumvented (for example by creating multiple accounts to avoid limits).

6. Fees, billing and renewal

• Subscriptions are billed in advance, monthly or yearly, in US dollars, through our payment processor Stripe. We do not receive or store your full card number.
• Subscriptions renew automatically at the end of each period until cancelled.
• Prices exclude taxes; applicable taxes may be added depending on your location.
• We may change prices for future periods with at least 30 days’ notice by email or in the Service. The new price applies from your next renewal.
• If a payment fails, we may suspend paid features after reasonable notice until the balance is paid.

7. Free trials

We may offer free trials from time to time. A trial converts into a paid subscription at its end unless you cancel before then. We may change or end trial offers at any time.

8. Cancellation

You can cancel at any time from the billing portal. Cancellation takes effect at the end of the current paid period, and fees already paid are non-refundable except as described in our Refunds & Cancellation Policy or where required by law.

9. Your responsibilities for outreach

You decide whom you contact, what you send and why. For emails sent through the Service you are the sender and, for the personal data of your prospects, the data controller. You are solely responsible for complying with the laws that apply to your communications, including, where relevant, the CAN-SPAM Act (US), CASL (Canada), the GDPR and ePrivacy rules (EU/UK), and data-protection laws such as Morocco’s Law 09-08.

You agree in particular to: contact only business recipients for whom you have a lawful basis; identify your business truthfully; keep a valid postal address in your company profile; honour unsubscribe requests immediately; and not upload data you are not entitled to use.

The Service includes safeguards (human approval, sending limits, unsubscribe links, suppression lists). These help you comply but do not replace your own legal obligations.

10. Websites you analyse

The Service visits publicly available web pages, respects robots.txt and never accesses private networks. You may use the analyses and generated materials only to offer your own services to the business concerned. You must not present generated concepts as work the business commissioned, or use them to impersonate or mislead anyone.

11. AI-generated content

Parts of the Service use artificial-intelligence models. Generated analyses, copy and designs may contain errors. The Service checks generated copy against the source website to avoid invented claims, but you remain responsible for reviewing any material before you send or publish it.

12. Your content and our intellectual property

• You keep all rights to the data you upload and to the materials generated for you. You grant us a limited licence to host, process and transmit that content solely to provide and secure the Service.
• Generated design concepts are provided for use in your sales process. Third-party content captured from analysed websites (such as logos, images or text) remains the property of its owners.
• The Service, its software, design and documentation belong to us or our licensors. You may not copy, reverse-engineer or resell the Service.
• If you send us feedback, we may use it without obligation to you.

13. Acceptable use and suspension

You must follow our Acceptable Use Policy. We may suspend or restrict access immediately where we reasonably believe that your use breaches these Terms or the law, endangers the Service or other customers, or harms the deliverability of our email infrastructure. Where practical, we will tell you why and give you the opportunity to fix the issue.

14. Termination and your data

Either party may terminate for material breach that is not cured within 14 days of notice. After your subscription ends, your workspace remains accessible in read-only form or for export for 30 days, after which we may delete it. Backups are overwritten on their normal cycle.

15. Confidentiality and security

We protect your data with reasonable technical and organisational measures described in our Privacy Policy and Data Processing Addendum, and we treat your non-public information as confidential.

16. Disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee any commercial result, response rate, email deliverability or that the Service will be uninterrupted or error-free.

17. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability arising out of or relating to the Service in any 12-month period is limited to the fees you paid us in that period. These limits do not apply to liability that cannot be limited by law.

18. Indemnification

You will defend and indemnify us against third-party claims arising from your content, your outreach, or your breach of these Terms or applicable law.

19. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days’ notice by email or in the Service. Continued use after the effective date means you accept the updated Terms.

20. Governing law and disputes

These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict-of-law rules. The state and federal courts located in Colorado have exclusive jurisdiction, and each party consents to them, except that either party may seek injunctive relief in any competent court.

21. General

These Terms, with the policies they reference, are the entire agreement on their subject. If a provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them in a merger, acquisition or sale of assets. Notices to us must be sent to legal@webmodernize.com or to our postal address above.