Terms of Service

1. Acceptance of Terms

By accessing or using our services, you confirm that you have read, understood, and agreed to be bound by these Terms. You must be at least 18 years old to use our services. If you are using the services on behalf of an organization, you represent that you have the authority to bind that entity to these Terms.

2. Services Provided

CBAP LLC provides website-building, management, and hosting services on a subscription basis. Our services may incorporate publicly available business data (e.g., from the Google Places API) and manually submitted content from customers.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. If a significant change materially impacts your use of our services, we will provide advance notice where feasible.

3. Account Registration & Responsibilities

3.1. Account Creation

To access certain features of our services, you may need to create an account. You agree to provide accurate and complete information and to keep your credentials confidential.

3.2. Security Responsibilities

You are responsible for maintaining the security of your account. If you suspect unauthorized access, you must notify us immediately. We are not liable for any loss resulting from unauthorized use of your account.

4. Customer Content & License Grant

4.1. Content Ownership & Responsibility

You may provide us with data, including business details, images, logos, or text, for incorporation into your website. You represent and warrant that you have the rights to provide this content and that it does not infringe on third-party rights.

4.2. License to Use Customer Content

By submitting content, you grant CBAP LLC a non-exclusive, worldwide, royalty-free, and sublicensable license to use, reproduce, modify, adapt, and display the content solely for the purpose of providing our services.

5. Subscriptions, Payments, & Cancellations

5.1. Subscription Terms

• Our services are offered on a recurring monthly subscription basis with no free trial.
• Your subscription automatically renews each month unless canceled before the next billing cycle.

5.2. Payment Processing & Refunds

• Payments are securely processed via Stripe. By using Stripe, you agree to their terms and policies.
• All payments are final and non-refundable, except where explicitly determined by CBAP LLC.
• If a payment fails, we may suspend or terminate your access to the service.

5.3. Cancellation & Website Removal

• You may cancel your subscription at any time through your account settings or by contacting support.
• After cancellation, you will retain access until the end of the current billing period.
• Once your subscription ends, we reserve the right to deactivate or remove your website, and access to our services will be revoked.

6. Website Ownership & Usage Rights

6.1. Ownership of Website & Designs

• We own all website designs, templates, software, and underlying infrastructure used to provide our services.
• As long as you maintain an active subscription, you are granted a non-exclusive, revocable license to use the website we create for you.

6.2. Post-Cancellation Access

Upon cancellation or termination, your website may be deactivated or removed. We are not obligated to maintain or provide a backup of your site after cancellation.

7. Third-Party Services & Data Usage

We integrate third-party services to enhance our offerings, including:

• Stripe: for secure payment processing.
• Google Places API: to retrieve and display publicly available business information.
• Analytics Tools: We collect non-personally identifiable usage data to improve our services.

Your use of third-party services is subject to their respective terms, and CBAP LLC is not responsible for their actions or policies.

8. Account Suspension & Termination

We may suspend or terminate your account if:

• You violate these Terms.
• You fail to make timely payments.
• We detect fraudulent, abusive, or unlawful activity.

In the event of termination, your access to our services will cease immediately, and we are not obligated to retain or restore your data.

9. Disclaimers & Limitation of Liability

9.1. Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. CBAP LLC does not guarantee that the services will be uninterrupted, error-free, or free of harmful components.

9.2. Limitation of Liability

• To the maximum extent permitted by law, CBAP LLC is not liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business interruption.
• Our total liability for any claim related to the use of our services will not exceed the total amount paid by you in the three (3) months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless CBAP LLC, its officers, employees, and affiliates from any claims, damages, liabilities, or expenses arising from:

• Your use of our services.
• Violation of these Terms.
• Any content you submit or provide.

11. Governing Law & Dispute Resolution

11.1. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

11.2. Jurisdiction & Dispute Resolution

• Any disputes, claims, or legal proceedings arising from these Terms or your use of our services shall be exclusively resolved in the state or federal courts located in Delaware.
• However, if required by law or for convenience, we may choose to enforce rights or initiate legal proceedings in New York or Michigan, where we operate.
• You waive any objection to venue in these jurisdictions and agree not to contest the personal jurisdiction of these courts.

11.3. Arbitration Agreement

To the extent permitted by law, you agree that any dispute arising from these Terms shall be resolved through binding arbitration in Delaware, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• The arbitration will take place in Delaware, unless otherwise agreed.
• Each party shall bear its own legal fees, except where awarded by the arbitrator.
• Arbitration shall be conducted on an individual basis—class actions and collective arbitrations are not permitted.

12. Changes to These Terms

We may update these Terms from time to time. Changes will take effect immediately upon posting. By continuing to use our services, you agree to the revised Terms.

13. Contact Information

For any questions about these Terms, please contact us at support@withcedar.com.