Terms of Service

Last Updated: November 28, 2024

1. Acceptance of Terms

By accessing and using Phoenix Next Gen Web ("Service"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. Description of Service

Phoenix Next Gen Web provides an AI-powered website generation platform that creates professional websites based on user-provided information and images. Our Service includes:

  • AI-generated website creation
  • Image hosting and optimization
  • Website delivery via CDN
  • Downloadable source code
  • Customer dashboard for website management
  • Subscription-based and credit-based pricing options

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our discretion.

4. Subscription Terms

4.1 Pricing Tiers

We offer multiple pricing tiers (Free, Starter, Professional, Agency) with different features and usage limits. Current pricing is available on our pricing page and may be updated with reasonable notice.

4.2 Billing

  • Subscriptions are billed monthly or annually in advance
  • Payments are processed securely through Stripe
  • You authorize us to charge your payment method on each billing cycle
  • All fees are non-refundable except as stated in our Refund Policy
  • Failure to pay may result in service suspension

4.3 Cancellation

You may cancel your subscription at any time from your dashboard. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial months or unused credits.

4.4 Credits

Credits purchased as one-time packages never expire. Monthly subscription credits reset at the start of each billing cycle and do not roll over.

5. Prohibited Uses

You agree not to use the Service for any of the following purposes:

  • Any unlawful purpose or in violation of any applicable laws
  • Creating websites with illegal, harmful, or offensive content
  • Infringing upon intellectual property rights of others
  • Distributing malware, viruses, or harmful code
  • Attempting to gain unauthorized access to our systems
  • Reverse engineering or decompiling our Service
  • Reselling or redistributing the Service without authorization
  • Creating content that violates third-party rights
  • Spamming, harassment, or abusive behavior
  • Automated scraping or data mining

6. Intellectual Property

6.1 Your Content

You retain all rights to the content you provide (business information, images, logos). By using our Service, you grant us a limited license to use your content solely to generate and deliver your website.

6.2 Generated Websites

You own the websites generated through our Service, including the right to modify, distribute, and use them commercially. However:

  • Free tier websites include a small watermark
  • You may not claim the underlying AI technology as your own
  • Templates and design patterns remain our intellectual property

6.3 Our Platform

The Service, including all software, algorithms, designs, and content (excluding user-provided content), is owned by Phoenix Next Gen Web and protected by copyright, trademark, and other intellectual property laws.

7. DMCA Compliance

We respect intellectual property rights. If you believe content on our Service infringes your copyright, please contact us with:

  • Identification of the copyrighted work
  • Location of the infringing material
  • Your contact information
  • A statement of good faith belief
  • A statement of accuracy under penalty of perjury
  • Your physical or electronic signature

Send DMCA notices to: support@phoenixnextgenweb.com

8. Disclaimers and Limitations of Liability

8.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT:

  • The Service will be uninterrupted or error-free
  • Generated websites will meet your specific requirements
  • All errors or defects will be corrected
  • The Service is free from viruses or harmful components

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOENIX NEXT GEN WEB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability shall not exceed the amount you paid us in the twelve months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Phoenix Next Gen Web from any claims, damages, losses, liabilities, and expenses arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

10. Changes to Terms

We may modify these Terms at any time. We will notify users of material changes via email or through the Service. Your continued use after changes constitutes acceptance of the modified Terms.

11. Governing Law

These Terms are governed by the laws of the State of Arizona, United States, without regard to conflict of law provisions. Any disputes shall be resolved in the courts of Maricopa County, Arizona.

12. Contact Information

For questions about these Terms, please contact us:

Phoenix Next Gen Web

Email: support@phoenixnextgenweb.com

Location: Phoenix, AZ