01Legal

NG Sites Terms of Service

These Terms of Service ("Terms") are a contract between you and NG Technology LLC, a California limited liability company ("NG Technology," "we," "us"). They govern your use of NG Sites: the hosted websites we run for you, the website's Admin, My Website, and the related emails, tools, and support (together, the "Service").

1. How you agree

You agree to these Terms, and to the Industry Addendum of the plan you buy, when you tick the box that accepts them and complete checkout. Checkout shows the price, the monthly renewal, and the Free Trial before you agree. If you do not agree, do not subscribe. "You" and "Customer" mean the business you subscribe for, and the person who subscribes for it.

Each plan belongs to an industry, and that industry's Industry Addendum adds the rules that apply to it. The Real Estate plan comes with the Real Estate Addendum. Where an Industry Addendum and these Terms conflict on the Addendum's subject, the Addendum controls.

Our Privacy Policy explains how we handle personal information. Section 21 sets out how we process your website visitors' information for you. We keep a record of the versions of these Terms and of the Industry Addendum in force when you accepted them, the time you accepted them, and the Stripe Checkout Session in which you did, which holds the price, billing interval, and Free Trial you agreed to.

2. Who may use the Service

The Service is for business use only, not for personal, family, or household use. It is offered only to businesses in the United States. By subscribing you confirm that:

you are at least 18 years old, and you have authority to bind your business to these Terms;
your business is located in the United States;
you meet the requirements of your plan's Industry Addendum, such as holding the license it names;
neither you nor your business is on a U.S. government list of prohibited or restricted parties, and you will not use the Service from a country under a U.S. embargo or in violation of U.S. export control or sanctions laws.

3. The Service

A subscription gives one website, hosted by us and built from our software and Themes, which you manage in its Admin. It includes:

a web address under our platform domain (the "Platform Hostname"), and the option to connect an address of your own domain (a "Personal Domain");
the Admin, where you edit the website's content, choose its Theme, read its inquiries and statistics, connect an AI assistant, and export its data;
My Website, where you see the website's status, open its Admin, connect a Personal Domain, and manage your subscription, your payment method, and your invoices;
the limits of your plan, such as 5 GB of media storage on the current plan.

We build the website from the details you gave us when you set it up in My Website. When the website opens, its starting pages, written from your details, and its legal pages are published. The sample listings, communities, reviews, and posts we add to help you start are drafts that visitors don't see until you publish them. Review and replace all of it; you are responsible for what your website shows.

Our team's access. Every website's Admin has an account for our team, which its Users page lists and which you cannot remove, and an AI identity our team can use, whose access keys expire within an hour. Our staff use them, and AI services that help our staff support you, to run, secure, and support the Service: they may view your website's content, inquiries, and settings, and they change the website when you ask us to, or when the security of the Service or the law requires it. We do not use your website to promote our business without your consent, which we ask for each time.

4. Your account

You sign in to My Website with a single-use link we email to your address, and you open the Admin from there. Keep control of that inbox: anyone who can read it can sign in as you. You may also set a password for the Admin and add other people to it as Users; you are responsible for them and for what they do. Tell us promptly at the address in the Contact section if you suspect someone else has access. You are responsible for what happens under your account, except to the extent it results from our failure to take reasonable security measures.

5. Free Trial, subscription, and payment

Free Trial. The subscription of your first website starts with a 14-day Free Trial, counted from checkout. A card is required to start it, and nothing is charged during it. About 3 days before it ends, we email you the date of the first charge, its amount, and how to cancel. Each Customer gets one Free Trial: another website, or reactivating a website later, starts none. We may extend a Free Trial in a particular case, for example while you wait for your domain's records; My Website then shows the new end date, and the first charge moves to it.
Subscription. When the Free Trial ends, the subscription renews every month at the price shown at checkout until you cancel it. You authorize us, through our payment processor Stripe, to charge the payment method you provide at each renewal. Prices do not include taxes unless checkout says so, and you pay any taxes that apply.
Promotion Codes. We may give you a Promotion Code to enter at checkout. It takes a percentage off what your subscription charges, for at most one billing month, as checkout shows, and it never takes off the whole price. When it ends, your subscription renews at its regular price. A code can be used only as its terms say, and it has no cash value.
Price changes. We email you between 7 and 30 days before a price increase takes effect. The email gives the new price, the date it takes effect, and how to cancel. The new price applies from your first renewal on or after that date, and you may cancel before then.
Receipts and billing. Stripe emails receipts and refunds. You see your invoices in My Website. You update your card on Stripe's page, which My Website opens.
Chargebacks. If you think a charge is wrong, tell us first, and we will look into it. If you dispute a valid charge with your card issuer, we may suspend the website until the dispute is resolved.

6. Cancellation and refunds

You may cancel at any time with Cancel subscription on your website's page in My Website. If you cannot sign in, email us from your account's address at help@support.ng-technology.org, and we cancel it for you.
A cancellation takes effect at the end of the current billing period. We do not prorate or refund the remainder of that period. Until then, you may withdraw the cancellation with Keep subscription in My Website.
A cancellation during the Free Trial takes effect when the trial ends and costs nothing.
A payment that pays for nothing, such as a duplicate payment or a payment made after the subscription ended, is refunded in full.
Any other refund is at our discretion, unless the law requires one.

7. When a subscription ends

A failed renewal. If a renewal payment fails, your website stays online for a grace period of 7 days. Paying in that time keeps the subscription going.
Suspension. If the grace period ends unpaid, or when a cancelled subscription reaches the end of its period, the website goes offline and is suspended for 30 days. During those 30 days its content is kept, the Admin stays open, and you can download the website's data with Export website data in the Admin (the content as JSON, the inquiries as CSV, and the media files as the media library stores them, with MOV videos as MP4). You can also bring the website back from My Website by subscribing again, without a Free Trial. We email you 7 days before the suspension ends.
Deletion. When the suspension ends, we delete the website: its content, media, inquiries, accounts, and its analytics. Every remaining copy, including the internal export we take when we remove the website, is deleted within 90 days of the website's removal. A deleted website cannot be restored.

We may also suspend a website under Section 5 or Section 10.

8. Your content

You own the content you put on your website, such as text, photos, and media ("Your Content"), and you keep your domain if it is registered in your name. You give us a non-exclusive, worldwide license to host, copy, store, process, display, translate, resize, and publish Your Content only as needed to provide the Service, and to keep backups as these Terms describe. The service providers named in our Privacy Policy may do this for us. The license ends when Your Content is deleted under Section 7, except for copies we must keep by law or for a dispute.

You confirm that you have the rights Your Content needs, including the right to publish every photo and every person's name and likeness on your website, and that Your Content complies with the law.

9. Your responsibilities

Content and compliance. You are responsible for your website's content and for its compliance with the laws that apply to your business and to your website, including advertising, consumer protection, and privacy laws.
Legal pages. Your website starts with a Privacy Policy and Terms of use as templates. They are provided as is, as a starting point, and are not legal advice. You own them, and you are responsible for reviewing them and keeping them accurate for your business.
Visitors' information. You are responsible for how you use the inquiries and other visitor information your website collects, and for any tracking or advertising tags you add to it. You give your visitors the notices the law requires, including that a service provider, NG Technology, processes their information for you, and you answer their requests about their information.
AI assistants. You choose which AI assistant to connect to your website and what it may do. You are responsible for that assistant, for what it changes or publishes, and for its access to your website's data, including visitors' information. Content an AI assistant writes for you is Your Content; review it before you publish it. You can revoke the assistant's access in the Admin at any time.
Your domain. A Personal Domain stays registered and managed at your registrar and DNS provider, where you keep its records correct. We never change your DNS. If you need help with your domain's records, email us at help@support.ng-technology.org.

10. Acceptable use and suspension

You may not use the Service, or let anyone use it, to:

break any law, or infringe or misappropriate anyone's intellectual property, privacy, or publicity rights;
publish content that is false or misleading advertising, defamatory, harassing, hateful, sexually explicit, or that discriminates unlawfully;
send spam, or contact people in violation of telemarketing, text messaging, or email laws;
distribute malware, phishing, or deceptive pages, or collect passwords or payment details under false pretenses;
attack, probe, overload, or disrupt the Service or any other customer's website, or get around its security or plan limits;
copy, resell, or sublicense the Service, our software, or our Themes, or use the Service to build a competing product.

We may suspend a website, or remove content from it, if it breaks these Terms or the law, if we receive a credible complaint about it, or if it puts the Service, other customers, or visitors at risk. Where reasonable, we tell you first and give you a chance to fix the problem. We may suspend at once when the risk requires it. We restore the website once the problem is fixed, unless the breach is serious or repeated, in which case we may end your subscription.

11. Our software

We own the Service, its software, Themes, templates, and tools, and every improvement to them. Your subscription lets you use them for your website while it is active; it does not transfer them to you or give you their source code. If you send us suggestions, we may use them without any obligation to you.

12. Copyright complaints

We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). Send notices to our designated agent:

Copyright Agent, NG Technology LLC
[[PENDING: street address]]
Phone: [[PENDING: business phone]]
Email: help@support.ng-technology.org

A notice must be in writing and include: your physical or electronic signature; identification of the copyrighted work; identification of the material you claim infringes it and where it appears, such as its web address; your name, address, phone number, and email address; a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and a statement that the notice is accurate and, under penalty of perjury, that you are the owner or authorized to act for the owner.

When we receive a valid notice, we promptly remove or disable access to the material and tell the Customer. A Customer who believes the material was removed by mistake or misidentification may send our designated agent a counter-notice. It must be in writing and include:

the Customer's physical or electronic signature;
identification of the material that was removed or disabled, and where it appeared before;
a statement, under penalty of perjury, that the Customer has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;
the Customer's name, address, and phone number, and a statement that the Customer consents to the jurisdiction of the federal district court for the judicial district of that address (or, for an address outside the United States, any judicial district in which we may be found), and will accept service of process from the person who sent the notice or that person's agent.

When we receive a valid counter-notice, we promptly send a copy to the person who sent the notice and tell them that we will restore the material in 10 business days. We restore it, or stop disabling access to it, no less than 10 and no more than 14 business days after we receive the counter-notice, unless our designated agent first hears from that person that they have filed a court action to stop the Customer's infringing activity.

Anyone who knowingly misrepresents in a notice or counter-notice that material infringes, or that it was removed by mistake, may be liable for damages. In appropriate circumstances, we end the subscriptions, and remove the websites, of Customers who repeatedly infringe.

13. Beta

The Service is in Beta. During Beta:

there is no service level agreement or guaranteed availability;
features may change, be added, or be removed;
a price increase is emailed between 7 and 30 days before it takes effect, with how to cancel, as in Section 5.

14. Disclaimers

The Service is provided "as is" and "as available." So are the Website Skill, which lets an AI assistant manage your website, and the templates the Service provides. To the extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not promise that the Service will be uninterrupted or error-free, that your website will rank in search engines, or that it will bring you leads or business.

Third-party services. The Service works with services that others run, such as Stripe for payments, your domain's registrar and DNS provider, the AI assistant you choose, and advertising platforms, such as Meta and Google, whose tags you add. Their own terms govern your use of them, and we are not responsible for them.

15. Limitation of liability

To the extent the law allows:

neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, business, or data;
our total liability arising out of or relating to these Terms or the Service is limited to the greater of the fees you paid us for the Service in the 12 months before the event giving rise to the claim, or $100.

These limits do not apply to liability that cannot be limited by law, or to a party's fraud or willful misconduct.

16. Indemnity

You will defend and indemnify NG Technology against third-party claims, and the resulting losses and costs, to the extent they arise from Your Content, your website's use of visitors' information, an AI assistant you connected, or your breach of these Terms or the law. We will tell you promptly about such a claim, let you control its defense, and cooperate at your expense. You may not settle a claim in a way that admits fault for us or binds us without our written consent.

17. Changes to these Terms

We may change these Terms or an Industry Addendum. We email you about a material change at least 30 days before it takes effect, and the email says how to cancel; if you keep using the Service after it takes effect, you accept the change. A change that is not material, such as a typo fix or a clarification, takes effect when we post it. You are not asked to accept the Terms again. Each version carries its version and effective date, and earlier versions stay available from this page.

18. Ending the subscription

You may end your subscription by cancelling it under Section 6. We may end it if you seriously or repeatedly break these Terms, after notice where reasonable, or if we discontinue the Service, in which case we give you at least 30 days' notice and refund any period paid for in advance and not used. Sections 7 to 9, 11, 14 to 16, and 19 to 21 survive the end of the subscription.

19. Disputes and governing law

California law governs these Terms, without regard to its conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Service is resolved in the state or federal courts located in Los Angeles County, California, and both parties consent to their jurisdiction. There is no arbitration agreement. Before going to court, the party with the concern tells the other in writing and both try in good faith for 30 days to resolve it, unless urgent relief is needed. Either party may bring a claim in small claims court.

20. General

Language. These Terms are written in English. We may provide a translation for your convenience; if it differs from the English version, the English version controls.
Notices. We send notices to the email address of your account. Send notices to us, including legal notices, at help@support.ng-technology.org, or by mail to the address in the Contact section.
Assignment. You may not transfer these Terms without our written consent. We may transfer them with the business or service they relate to, and we tell you if we do.
Events beyond control. Neither party is liable for a delay or failure caused by events beyond its reasonable control.
Whole agreement. These Terms, the Industry Addendum of your plan, and the order details shown at checkout are the whole agreement about the Service. If a provision is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver of it.
Electronic records. Acceptance and records made electronically are valid.
Independent parties. The parties are independent contractors.

21. Visitor information we process for you

"Visitor information" is the personal information about your website's visitors that we process for you: what they send through its forms, the statistics of their visits, and the records of their requests, as our Privacy Policy describes. For visitor information, you are the business that decides why it is collected, and we are your service provider. You make it available to us only for these business purposes: to host and serve your website, to store its inquiries and deliver them to you, to count its statistics, to protect its forms and the Service against abuse, to keep and delete backups as Section 7 describes, and to support you when you ask.

We:

process visitor information only for those business purposes;
do not sell it, and do not share it for cross-context behavioral advertising;
do not keep, use, or disclose it for any other purpose, or outside our direct business relationship with you;
do not combine it with personal information we receive from others or collect ourselves, except as the regulations of the California Consumer Privacy Act allow a service provider to;
comply with the obligations of the California Consumer Privacy Act that apply to us as your service provider, and give visitor information the same level of privacy protection that the Act requires of you;
tell you within 5 business days if we decide that we can no longer meet these promises;
help you answer visitors' requests to know, correct, or delete their information, and pass on to you any such request we receive.

You may take reasonable and appropriate steps to make sure that we use visitor information as this Section requires, such as asking us to describe in writing how we process it. If you believe we use it in a way this Section does not allow, tell us; on notice to us, you may take reasonable and appropriate steps to stop and remedy that use.

Our service providers. The service providers that process visitor information for us are named in our Privacy Policy. Each is bound by a written contract to terms that protect visitor information as this Section does, and to tell us of a security incident that affects it. Before a new one processes visitor information, we add it to that list and email you. Cloudflare Turnstile, which protects the forms on your website's Platform Hostname, also uses what it receives for Cloudflare's own bot detection, as our Privacy Policy describes. Tags you add to your website, such as a Meta Pixel or a Google tag, send data to those companies under your own arrangements with them; they are not our service providers.

Security incidents. If we learn that visitor information we process for you was accessed or acquired without authorization, we tell you immediately after we discover it, by email to your account's address. We tell you what we know about the incident and what we are doing about it, we keep you informed as we learn more, and we help you meet your own obligations to notify.

Contact

NG Technology LLC, [[PENDING: street address]]. Questions, support, and legal notices: help@support.ng-technology.org.