Terms & Policy

Privacy Policy

We understand that the privacy of your personal details, and the security of your transactions with us, is of paramount importance to you. aisite Pty Ltd has therefore adopted data protection policies with respect to your privacy and security. aisite Pty Ltd’s Privacy Policy sets out the rules we will abide by when dealing with personal information we collect from individuals in the course of our business. We have based our policy upon the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (“Privacy Act”). On the 12th of March 2014, the Australian Government introduced changes to privacy regulations with the new Australian Privacy Principles (APP’s).


We may make alterations or additions to this policy from time to time. Should we do so, we will update the policy on our web site. We require that all our customers agree to abide by our Privacy policy as part of our terms of trade. This policy also applies to users of our web site who are not customers of aisite Pty Ltd.


Please note that we cannot and do not assume any responsibility for the privacy or security practices of any other web sites which you may be able to access through our site, or for our customers’ level of compliance with our code.

WHAT INFORMATION DO WE COLLECT?

aisite Pty Ltd collects different information about you at different times. There are 4 broad categories of information that we collect from you: When you first sign up or contract with aisite Pty Ltd for our services, or when you make an enquiry about our services, we request information such as your name, address, telephone number, domain name, email details of your primary and secondary contacts. We may also monitor and/or record telephone conversations with you from time to time in order to train staff and to improve our service to you.

NON PERSONALLY IDENTIFYING INFORMATION.

In addition to the information you specifically provide above, aisite Pty Ltd operates statistics gathering software on its web site to collect information about the number of visitors coming to the site. No identifying information is collected by this software. The software records the IP address of the visitor only. We use this information to improve our own technical structure and performance, and to determine which areas of our web site are most popular.


We also use ‘cookies’. Cookies are pieces of information that a web site can transfer to an individual’s computer in order to allow that web site to store information about user preferences. We use cookies which expire once the visitor leaves our web site. Cookies are used to collect session ID’s. It is possible to adjust your Internet browser to refuse cookies, but you may find that this reduces the functionality of this site.

OTHER DEMOGRAPHIC INFORMATION.

If you respond voluntarily to our surveys or other interactive communications, we collect the responses and use the information to improve the quality and range of aisite Pty Ltd’s products and services.

PERSONAL INFORMATION STORED BY aisite Pty Ltd.

aisite Pty Ltd will have personal information stored on our servers due to the fact that we host web sites of other organisations. Any information that is submitted to or collected by these organisations will be physically located on an aisite Pty Ltd’s server. This information, whether voluntarily provided or not, will not be used or released by aisite Pty Ltd in any manner, and it will be kept strictly confidential, unless we are required to release the information by law.

HOW WE USE PERSONAL INFORMATION WE HAVE COLLECTED?

We collect and use your personal information to operate our web site and deliver our services to you. We will use your personal information to provide you with: technical support, billing and credit control, sales support, product and website development and marketing services and information.

WE MAY USE YOUR PERSONAL INFORMATION TO:

contact you in relation to upgrading your use of our services, special offers (from us, or on behalf of third parties), with newsletters, surveys, and individual service audits. monitor and address complaints, other feedback, and to resolve disputes;


in the case of ABNs, to verify your identity;


We will treat all information we collect from you as strictly confidential. aisite Pty Ltd does not rent or lease its customer lists to third parties. We will not reveal, disclose, sell, distribute, rent, license, share or pass onto any third party (other than those who are contracted or supply services to aisite Pty Ltd including spam filter operators) any personal information that you may have provided to us unless we have your express consent to do so, other than in the circumstances set out in the next paragraph.

WE WILL DISCLOSE YOUR PERSONAL INFORMATION, WITHOUT NOTICE OR CONSENT, ONLY:

If we are required to do so by law or in the good faith belief that such action is necessary to conform with the laws, applicable code of conduct or legal process served on us in relation to our business or web site; to protect and defend the rights or property of aisite Pty Ltd; if we consider it necessary to do so in order to enforce or apply the terms of any of our agreements with you to contractors providing licensed collections services, credit card payment processing and CRM services, who comply with our privacy and security policies;

if we sell our business or part of it; and in extreme circumstances, to protect the personal safety of users of aisite Pty Ltd’s services, its web site, our staff or the public.

SECURITY

aisite Pty Ltd has implemented security features in our database to protect your personal information from unauthorised access. We maintain our servers and offices in a controlled, secured environment. Only staff who need to have access to your personal information in order to perform their job function are authorised to access the database. Constant changes to the Internet and technology mean that we cannot guarantee that data transmission will be 100% secure, or safe from attack by unauthorised intruders.

OTHER DISCLOSURE BY YOU

You might provide personal information through your participation in chat sessions, message boards, email exchanges or newsgroups accessed via our web sites, or another service provided by aisite Pty Ltd. This information is public and immediately available to anyone who has access to such a site; it is not private. aisite Pty Ltd urges you to enter only information that you are comfortable to share with the public at large in this public domain. This Privacy Policy does not apply to such information.


You should never reveal your password to third parties. If you lose control of your password, you may lose control over your personal information and may be liable for actions taken on your behalf by third parties using your password and/or personal information. Therefore, if your password has been compromised for any reason, you should immediately change it.


If you collect personal information which you keep on servers provided by aisite Pty Ltd as part of our service to you (including email), you alone are responsible for compliance with the Privacy Act 1988 (Cth) in respect of that information. We take no responsibility for your dealings with personal information you collect.

OTHER DISCLOSURE BY US

This is most boring page of our site. If you have actually read this page, and read this far, then we already share something wonderful with each other, we call it ATD, Attention To Detail. We commend you on yours. Please note that we are the best digital team in the Southern Hemisphere, perhaps the world, so if your wobbling around whether we should be considered for engagement, please, save yourself the time and effort of trawling through the pretenders and just reach out to us.

COMPLAINTS ABOUT PRIVACY AND OUR COMPLAINT HANDLING PROCEDURE

If you have any complaints relating to the management of your personal information or if you believe there has been a breach of the APPs by aisite Pty Ltd, please forward your complaint in writing to our Privacy Officer at the address or email address below.


Our Privacy Officer will consider the complaint and advise you of their decision in writing within a reasonable time from receipt of the complaint. If our Privacy Officer decides that there has been a breach of the APPs, s/he will endeavour to ensure that the breach is rectified within 30 days from the date of the decision and will update you in writing. If the breach has not been rectified within 30 days, then our Privacy Officer will inform aisite Pty Ltd’s Principal in order to resolve the matter.


If you are still not satisfied after lodging a complaint with us and given us a reasonable time to respond, then we suggest that you contact the Office of the Australian Information Commissioner by:
Phone: 1300 363 992 (local call cost, but calls from mobile and pay phones may incur higher charges). If calling from overseas (including Norfolk Island): +61 2 9284 9749 TTY: 1800 620 241 (this number is dedicated to the hearing impaired only, no voice calls.) TIS: Translating and Interpreting Service: 131 450 (If you don’t speak English or English is your second language and you need assistance and ask for the Office of the Australian Information Commissioner)


Post: GPO Box 2999 Canberra ACT 2601
Fax: +61 2 9284 9666
Email: enquiries@oaic.gov.au

CONTACT OUR PRIVACY OFFICER

Please contact our Privacy Officer on the contact details below if you would like to:

inquire about or request access and/or update your personal information, or report an alleged breach of your privacy rights or make a complaint: talk to our Privacy Officer about our Privacy Policy

Please contact:
Email: privacy@aisite.ai

Terms of Service

AISITE PTY LTD
ACN 634 227 937

aisite.ai

Terms of Service

Effective Date: JULY, 2021

 

Content guidelines

These types of sites are not allowed on aisite:

  • Adult: involving nudity in a sexual context, exposed genitalia or adult themes
  • Copyrighted Content: music, movies or games that you do not own the rights to
  • Hate Speech: content that promotes violence or incites hatred against certain individuals or groups, such as race, religion, ethnicity, gender, or sexual orientation. The foregoing are examples, and not meant to constitute an exhaustive list of individuals or groups that may be the target of hate speech.
  • Spam/SEO: a site whose sole purpose is to gain Google ranking, Facebook “likes”, etc
  • Phishing: a site meant to trick users into providing their username and password
  • Illegal Content: content which may be illegal in Australia or under the laws of other countries
  • Scams: get rich quick, pyramid/MLM, or other dubious schemes
  • Excessive Advertising: placing excessive advertising on your site, including more than three ad units per page
  • Injurious Experience: sites using the “Custom HTML” element that provide a horrible user experience, such as extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors
  • Illegal/Inappropriate Products: sites that offer or sell items that are illegal, weapons, counterfeit, stolen, fraudulent, infringing, violate rights of privacy/publicity, offensive, pornographic, or manufactured/intended to be weapons
  • This list is a quick reference and is not meant to be complete. For more specific information, please read the Terms below.

1. Acceptance of Terms

Thank you for redesigning your old website with aisite, the revolutionary AI powered website generator! These Terms of Service (“Terms”) are a legal agreement between you and AISITE PTY LTD (“aisite”) (as defined below) and govern your use and access to aisite’s website creation service, including our website hosting services, websites, communication tools, mobile applications, and other services (collectively the “Service”) that are made available through the website (http://aisite.ai) and associated domains owned by aisite (collectively, the “Site”) or otherwise made available by aisite. By using the Service in any way, you agree to and accept these Terms, our Privacy Notice, and any other legal notices or guidelines posted on the Site. If you are using our Service for an organization, you are agreeing to these Terms on behalf of that organization. These Terms will also apply when you use the Service on a trial basis. If you do not agree to these Terms, do not use the Service.

 

When these Terms mention “aisite,” “we,” “us,” or “our,” it refers to the AISITE Pty Ltd company you are contracting with. Your contracting entity will generally be determined based on your Country of Residence. Your “Country of Residence” is the jurisdiction associated with your aisite account as determined by either your express selection or by aisite’s assessment of your residence using various data attributes associated with your aisite account.

 

  • Whatever your country of residence is or the domicile of your website you will be contracting with AISITE PTY LTD. In addition to the restrictions above, you are prohibited from creating or using an aisite account or otherwise using the Service if you are not legally capable of entering into contracts, for example, if you are not the age of majority in your Country of Residence. If you are not the age of majority in your country or region, you may only create or use a aisite account with the supervision and consent of a parent or guardian or alternatively through a special student account created by a teacher through education. aisite.ai, provided the teacher has obtained signed consent from your parent or guardian.

2. Description of Service

Our web-based Service allows users who register for an account (each an “Account Holder”) to upgrade, edit and update their Website. Once registered, each Account Holder receives his or her own Web Site and may post “Content” (defined in Section 8). Any new features on the Service, including the release of new aisite tools and resources, shall be subject to these Terms. To use the Service, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a web-enabled computer. The Service may include certain communications from us, such as service announcements, administrative messages, and the aisite Newsletter. These communications are considered part of aisite membership. You may not access the Service by any means other than through the Service interfaces we provide you.

3. Registration

To register as an Account Holder, you are acknowledging that you are or have legal rights of the website domain address and its content associated with the account and provide us with a valid email address and other personal information (“Registration Data”), which matches the domain of your current website. You will choose a password and account designation for your web sites during the registration process and you will obtain an aisite ID. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if aisite has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. In addition to the restrictions on selling set forth in Section 9 below.

4. Use of Data

Aisite uses powerful Artificial Intelligence (AI) – utilising a range of techniques including Machine Learning (ML) tools created to learn and improve the digital website, experience and web marketing tools. Product research and development: We use the information provided by you to develop, test and improve our Products, including by conducting surveys and research, and testing and troubleshooting new products and features.

5. aisite Privacy Notice

Our Privacy Notice (available at: https://www.aisite.com/privacy), which is part of these Terms, describes how we collect, protect, and use your Registration and Personal Data plus certain other information about you. We encourage you to read the Privacy Notice, and to use the information it contains to help you make informed decisions.

6. Website account and security

You are responsible for maintaining the internal security of your account and web site, for all activities that occur or actions taken under the account or in connection with the web site. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will aisite or any of its affiliates, subsidiaries, officers, directors, or employees be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.

7. Proprietary Rights

The Site and Service are owned by aisite. The Site and Service uses and displays content, features, and functionality, including but not limited to proprietary software, inventions, copyrights, trademarks, service marks, logos, slogans, and taglines, owned by aisite or other unaffiliated third parties, that are protected by international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. No portion of the Site or Service may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of aisite or the respective third-party intellectual property owner, or except as otherwise specifically provided herein. We reserve all rights not expressly granted in these Terms.

 

All materials and services provided by or through aisite are protected by copyright, trademark, trade secret, or other intellectual property laws. You are solely responsible for ensuring that your use of such Materials, including any “professional photos” or “free photos” made available through the Service, is done solely in accordance with all relevant laws, and any terms or conditions applicable to such Materials. In no event shall aisite be liable to you or any third party for your use of Materials in violation of law, or any terms or conditions applicable to such Materials.

 

“Materials” means any and all software, text, software documentation, designs, “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof, in each case, made available by or through aisite or the Service.

 

You may use the Materials to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms and, in the case of Materials owned by third parties made available to you by or through aisite or the Service, any third-party terms or conditions applicable to such Materials. This permission does not permit you to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher (or otherwise attempt to discover any programming code or any source code used in or with the Materials), or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service or Materials, create derivative works based on or in any manner commercially exploit the Service or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Service or Materials for any purpose other than as specifically permitted herein and in any relevant third-party terms of service is expressly prohibited. We reserve all rights not expressly granted in these Terms.

 

All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of aisite or their respective owners. Except as otherwise specifically provided herein, no license or right to use any Mark is granted to you without the express written permission of aisite or the respective third-party Mark owner.

 

“Professional Photos”- By purchasing and/or using any “professional photos” available through the Service, you agree that: (i) you will use such “professional photos” on your aisite site only, for display solely in digital form; (ii) you will not sell, modify, re-use, re-sell, distribute, display, reproduce, or make any other use of such “professional photos”; (iii) where a “professional photo” features an individual and is used in connection with a sensitive, unflattering or controversial subject, you will include a statement that the image is used for illustrative purposes only and that the individual featured is a model; and (iv) you will not activate the “right-click” function in any “professional photo”, remove any metadata in any “professional photo”, or reverse engineer, decompile, or disassemble your site to enable the download or use of any “professional photo” on a standalone basis. In addition, you may not use any “professional photo”: (i) on a standalone basis with no other content; (ii) for pornographic, defamatory, or other unlawful purposes; (iii) to create or enable the creation of printed products; (iv) in physical or digital retail products, such as e-cards, calendars, posters, or screensavers; (v) to suggest or imply endorsement, sponsorship, or affiliation by or with any of the subject matter contained within the “professional photo;” (vi) for the purpose of enabling file-sharing of the image file; or (vii) in logos, trademarks, service marks or any other branding or identifiers.

8. Your rights in your Content

aisite does not claim ownership of your Content (as defined below), but you give us your permission worldwide to host your Content on the Service and to perform all acts necessary to host your Content on the Service (such as making copies, reformatting, and distributing your Content). In other words, you grant us and our subsidiaries affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media.We do not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized aisite representative, any material, information or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content or to personal information that is subject to our Privacy Notice.

9. Content and conduct rules and obligations

All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a web site via the Service (“Content”) are the sole property of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service. Your Content does not include non-personally identifiable buyer/seller transaction or behavioral data derived from the use of aisite’s eCommerce platform (collectively, “Platform Data”). aisite owns all Platform Data and uses it for Service operations, improvements, and analytics. You are also responsible for creating back-up copies of your Content. By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.

 

The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You will not:

unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (i) sending mass email to recipients who haven’t requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;

v. contains software viruses, worms, Trojan horses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Service, computer software or hardware or telecommunications equipment, or may impact the ability of any aisite user to access the Service;

vi. is intended to take advantage of a user such as “get rich quick,” “get paid to surf,” pyramid/multi-level marketing, or other dubious schemes; or

vii. is adult in nature, such as any nudity in a sexual context or any Content with adult themes or reveals exposed genitalia;

A. harm minors in any way;

B. “stalk,” “bully,” or otherwise harass another;
C. impersonate any person or ent
D. upload, post, transmit or otherwise make available any Content that:

  1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
  2. you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  3. infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to);
  4. it is,, including, but not limited to, a aisite employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
    intentionally or unintentionally violate any applicable local, state, federal or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. If you use the Site, the Service, or the Materials outside of your country in which you reside, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries; promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
  7. use the Service as a forwarding service to another web site or to fraudulently manipulate Google or other SEO ranking or Facebook or social networking or website “likes” and similar voting mechanisms;
  8. solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;
  9. exceed the scope of the Service that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content);
  10. include more than three ad units per page, or any advertising that greatly reduces the usability of the Site;
  11. upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service (i.e., created with the aisite editor);
  12. create a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors;
  13. use, under any circumstances, any open source software subject to the GNU Affero General Public License v.3, or greater;
  14. Abuse our customer support email, chat, or telephone services or agents; or
  15. Take any other action while using the Service that is detrimental to the Service or aisite’s reputation, as determined by aisite in its sole discretion.

We retain the right to terminate any account or user who has violated any of the above prohibitions.

 

We are not responsible for the actions of these third party service providers. In addition to the other rules and requirements described in these Terms, you must follow the rules listed below when offering, selling, or purchasing Commercial Products.

YOU WILL NOT offer or sell any Commercial Products that:

  • are illegal or potentially illegal, including those that are counterfeited, stolen, or fraudulent. Commercial Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of the country in which you reside.;
  • infringe or have the potential to infringe the intellectual property or privacy rights of another or that may be libelous, slanderous, or otherwise defamatory;
  • we determine, in our discretion, are inappropriate, offensive, pornographic, sexually explicit, or violent; or
  • are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices, or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes “weapons” for purposes of these Terms; or
  • use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission

10. Fees/payment

You may agree to a one (1) month, or twelve (12) month contract agreement with aisite. Some of the extra features on the Service may require payment of fees, as described for each Service on the Site (“Fees”). If you sign up for these features, you must pay all applicable feature Fees. We reserve the right to change our prices and/or bundle certain parts of the Service together for pricing purposes, and may do so at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.

 

All Fees are in the country of your residence and do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). It is your responsibility to determine what, if any, Taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct Taxes to the appropriate authority. If you purchase any Services that we offer for a Fee, you consent to aisite, or our third party service providers, storing your payment card information and you authorize us to charge you (a) any Fees for Services you may purchase, and (b) any applicable Taxes in connection with your use of the Services to the payment card you provide, and you will reimburse us for all costs associated with the collection of any overdue amounts, including any interest due for the same. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.

 

AT THE END OF THE CONTRACT TERM, IF ONE HAS BEEN AGREED, YOUR CONTRACT WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL CONTRACT TERM OF THE SAME LENGTH UNTIL EXPLICITLY CANCELLED BY YOU, AND YOUR PREFERRED PAYMENT METHOD WILL BE CHARGED ACCORDINGLY. YOU MAY TURN OFF THE AUTO-RENEW FEATURE FOR YOUR CURRENT CONTRACT AT ANY TIME. YOU MAY SEND CANCELLATION REQUESTS BY CONTACTING US THROUGH aisite.ai/cancel at any time.

11. Cancellation; Service Changes

If you cancel the Service, your cancellation will take effect at the end of the month in question. After cancellation, you will no longer have access to your web site and we may delete all information on your web site. We accept no liability for such deleted information or content. We may store it for you for future use for a period of time should you wish to return to our service. For as long as we continue to offer the Service, we will provide and seek to update, improve, and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services we offer in our sole discretion. All of these changes are effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us, in our sole discretion, to be contrary to these Terms. For avoidance of doubt, we have no obligation to store, maintain, or provide you a copy of any Content that you or others provide when using the Service. We also reserve the right to limit or cease phone or chat support to you if you consume a disproportionate amount of such customer services or otherwise negatively affect our ability to provide support to other customers (as determined in our sole discretion).

12. Third Party Services, Software, and Websites; No Implied Endorsement

aisite is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, or website, including but not limited to any content thereon such as text, documents, designs, images, clips, photographs, videos, artwork, graphics, audio, audio-visual files, messages, interactive and instant messaging, posts, functions, files, documents, or other materials (collectively, “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials by or through the Site or Service. aisite does not endorse or assume responsibility for any Third Party Materials and makes no guarantee regarding the reliability, accuracy, nature, origin, quality, or use of such Third Party Materials. You are solely responsible for ensuring that your use of any Third Party Materials, including those made available by or through the Site or Service, is done solely in accordance with all relevant laws, and the terms and conditions of any applicable licenses or other agreement. In no event shall aisite be liable to you or any third party for your use or alleged use of any Third Party Materials. Further, Third Party Materials, such as email, e-commerce and payment services including but not limited to, PayPal, and Stripe payment options, may be subject to the applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider’s terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials. Third Party Payment Processors: aisite uses third party payment processors to assist us in securely processing your personally identifiable payment information. Such third party processors’ use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as the aisite Privacy Notice. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.

13. Resale of Service

You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission, which may be in the form of a separate written agreement with aisite (such as the aisite Cloud Agreement).

 

aisite is often used by Designers and Developers to design websites for a third party. Such use is explicitly permitted under the Designer Platform terms above. Should you design websites for third parties on any other version of aisite other than the Designer Platform, such sites must each have their own account controlled by the third party, and you may not group multiple client sites under one account owned by you.

14. Indemnity

You will indemnify, defend, and hold harmless aisite, and its subsidiaries, licensors, affiliates, officers, directors, agents, co-branders, partners, employees, successors, and assigns (collectively “Indemnified Parties”) from any and all liability, loss, claim, damages, expenses, costs or demands, (including but not limited to reasonable attorneys’ fees), incurred or made against the Indemnified Parties by any third party in connection with any claim arising from or related to: (a) your use (or anyone using your account/s) use of the Service, the Site or the Materials, (b) your Content, (c) any Commercial Products you offer on or through the Site or using our Services, or (d) your use of the Domain Services. This includes, but is not limited to, any breach or violation of these Terms by you or anyone utilizing your account. You must fully cooperate at your expense as required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

15. Disclaimer of warranties

  • A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  • B. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. aisite DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

  • C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  • D. ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT OF TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICE DOES NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE AND WE ENCOURAGE YOU TO DO SO PRIOR TO, AND IN CONJUNCTION WITH, USING OUR SERVICE.

  • E. THESE TERMS APPLY SOLELY TO THE SERVICE. AS PART OF THE SERVICES PROVIDED TO OTHER AISITE USERS, WE HOST WEBSITES FOR CERTAIN THIRD PARTIES (“THIRD PARTY SITES”). THIRD PARTY SITES INCLUDE CONTENT GENERATED BY THIRD PARTIES AND ARE NOT UNDER THE MANAGEMENT AND CONTROL OF AISITE. AISITE IS NOT RESPONSIBLE FOR SUCH THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, THE ACCURACY, SUFFICIENCY, CORRECTNESS, RELIABILITY, VERACITY, COMPLETENESS OR TIMELINESS THEREOF, ANY LINK CONTAINED THEREIN, OR ANY CHANGES OR UPDATES THERETO, OR ANY GOODS OR SERVICES SOLD THEREON. YOUR ACCESS OR USE OF ANY THIRD PARTY SITE IS GOVERNED BY THE TERMS APPLICABLE TO SUCH THIRD PARTY SITE. THE HOSTING OF ANY THIRD PARTY SITE BY AISITE DOES NOT IMPLY AN ENDORSEMENT THEREOF BY AISITE, OR OF THE PROVIDER OF SUCH CONTENT OR SERVICES, OF ANY THIRD PARTY SITE.

  • F. NEITHER AISITE NOR ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS, THE MATERIALS OR THE SERVICE, OR ANY EMAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  • G. AISITE AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION THAT THE SERVICES, MATERIALS, OR SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS.

16. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF aisite HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.

 

IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICE, OR THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY, AS PERMITTED BY APPLICABLE LAW, IS TO CEASE USING THE SITE, THE SERVICE, AND THE MATERIALS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER AISITE, ITS AFFILIATES, NOR LICENSORS SHALL BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE.

17. General

We may provide notices to you via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. These Terms and the relationship between you and aisite shall be governed by the laws of the jurisdiction of your Country of Residence. The failure of aisite to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these Terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person’s claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.

or preference by us of the owners or operators of those web sites, or for any information, products or services referred to on those other web sites.

Please note that we are the best website migration engineers in the land and you will not get better service or standards of output anywhere else. If you have read this far then you are almost as attentive to detail as we are!

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