Terms of Service: Hosting and Client Portal

We provide managed website hosting, maintenance, and related services. Our Services are delivered using third-party infrastructure providers, including Vercel Inc. (hosting infrastructure) and Stripe, Inc. (payment processing). You acknowledge that the availability and performance of your website depend in part on these third-party providers.

We offer the following plans, billed monthly or, at your choice, yearly at 10% off the monthly price. Plans are assigned at onboarding. To change plans, contact us at alec@fullgrainsoftware.com; you can change how often you are billed from the Portal’s billing page.

Basic: $20/month or $216/year. Managed hosting, SSL certificate, security and dependency updates, domain management, and access to the traffic analytics dashboard. Email support with best-effort response times.

Standard: $50/month or $540/year. Everything in Basic, plus up to two (2) hours of content updates and development work per month and priority email support.

Pro: $100/month or $1,080/year. Everything in Standard, plus up to five (5) hours of content updates and development work per month and same-day priority support during business days.

Included hours. Monthly included hours are use-it-or-lose-it. Unused hours expire at the end of each calendar month and do not roll over, accumulate, or convert to credit. Work exceeding your plan’s included hours will be quoted and billed separately with your prior approval. Included hours cover content updates and minor changes to your existing website; they do not cover redesigns, new websites, or new major features, which are quoted separately.

Support targets. Stated response times are good-faith targets, not guarantees, and apply during our normal business days (Monday–Friday, excluding U.S. holidays).

Clients whose hosting predates our paid plans receive hosting at no charge (“Legacy Hosting”). Legacy Hosting is provided as a courtesy and does not include the plan features described in Section 2 beyond basic hosting and the analytics dashboard. We may modify or discontinue Legacy Hosting, or transition a Legacy client to a paid plan, with at least thirty (30) days’ written notice.

Automatic renewal disclosure. Hosting plans are subscriptions that renew automatically at the start of each billing period: monthly, or yearly if you choose yearly billing. Your payment method on file will be charged the applicable fee ($20, $50, or $100 per month, or $216, $540, or $1,080 per year, depending on your plan, plus any applicable taxes) each billing period until you cancel. By subscribing, you authorize these recurring charges.

Payment. Payments are processed by Stripe. You must keep a valid payment method on file. We do not store your full card details on our systems.

Billing period. You may change your billing period from the Portal’s billing page. The change takes effect at once: you are charged for the new billing period that day, less a credit for the unused part of the period you have already paid for. If the credit exceeds the new charge, the difference is held as a credit on your account and applied to your next invoices.

Cancellation. You may cancel at any time through the Portal’s billing page or by emailing alec@fullgrainsoftware.com. Cancellation takes effect at the end of your current billing period; you will retain service through the period you’ve already paid for, and no further charges will be made. To end a yearly plan before the prepaid year is up, email alec@fullgrainsoftware.com; see Refunds below.

Refunds. Monthly hosting fees are non-refundable: cancelling stops future billing but does not entitle you to a refund of fees already paid, except where a refund is required by applicable law. A prepaid year is different: if you ask us to end yearly billing before the year is up, hosting stops at the end of the month in which you ask, and we refund the remaining whole months at one twelfth of the yearly price within thirty (30) days.

Price changes. We may change plan pricing with at least thirty (30) days’ advance notice. Continued use of the Services after a price change takes effect constitutes acceptance of the new price. If you don’t accept a price change, you may cancel before it takes effect.

If a payment fails, we will attempt to retry the charge and will notify you. If payment remains outstanding for thirty (30) days after the first failed charge, we may suspend the Services and take your website offline until the account is brought current. We may terminate the account for continued non-payment following suspension. Suspension or termination for non-payment does not relieve you of amounts owed.

Ownership. You retain all rights to your website content, branding, and business data (“Client Content”). We claim no ownership of Client Content.

License to us. You grant us a limited license to host, copy, display, and transmit Client Content solely as needed to provide the Services.

Export on termination. Upon cancellation or termination, we will, on written request made within thirty (30) days, provide you with a copy of your website files and content in a reasonable format. After that period, we may delete Client Content from our systems.

Your responsibilities. You are responsible for the accuracy and legality of Client Content, for maintaining any legally required notices on your own website (such as your own privacy policy), and for your compliance with laws applicable to your business.

You may not use the Services to host or transmit content that is unlawful, infringing, defamatory, or malicious (including malware or phishing), or to violate the acceptable use policies of our infrastructure providers. We may suspend Services immediately for violations of this section, with notice to you.

The Portal displays website traffic analytics collected via Vercel Web Analytics. Analytics figures are estimates provided for informational purposes and are supplied “as is.” We do not guarantee their completeness or accuracy.

THE SERVICES AND PORTAL ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION, ANY PARTICULAR UPTIME PERCENTAGE, OR THAT YOUR WEBSITE WILL BE FREE OF VULNERABILITIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OUTAGES OR DEGRADATION CAUSED BY THIRD-PARTY PROVIDERS (INCLUDING VERCEL AND STRIPE) ARE OUTSIDE OUR CONTROL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE TOTAL HOSTING FEES YOU PAID US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You will defend and indemnify Fullgrain Software against third-party claims arising from Client Content or your violation of these Terms or applicable law.

We may terminate the Services for convenience with thirty (30) days’ written notice, or immediately for material breach of these Terms (including Section 7). If we terminate for convenience, we will refund any prepaid fees covering the period after termination; this is the sole exception to Section 4’s no-refund policy.

We may update these Terms from time to time. We will provide notice of material changes by email or through the Portal at least fifteen (15) days before they take effect. Continued use of the Services after the effective date constitutes acceptance.

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in Orange County, California, and the parties consent to their jurisdiction. If any provision is unenforceable, the rest remains in effect. These Terms, together with any signed proposal or services agreement between you and Fullgrain Software (including any signed with AB Dev Team LLC, which remain in effect), are the entire agreement regarding the Services; if a signed agreement conflicts with these Terms, the signed agreement controls.

FULLGRAIN SOFTWARE LLC
alec@fullgrainsoftware.com