Terms and Conditions (Terms of Service) — Update Your Web

Website: updateyourweb.com
Effective Date: January 11, 2026
Contact Email: updateyourweb@gmail.com

1. Agreement to Terms

These Terms and Conditions (“Terms”) govern your access to and use of updateyourweb.com (the “Website”) and all services offered by Update Your Web (“Update Your Web,” “we,” “us,” “our”), including website design, maintenance/care plans, digital marketing, CRM/automation setup, consulting, and related services (collectively, the “Services”).

By accessing the Website, submitting any form, requesting information, purchasing Services, or otherwise using the Website or Services, you agree to be bound by these Terms. If you do not agree, do not use the Website or Services.

2. Eligibility

You must be at least 18 years old (or the age of majority where you live) to use the Website or Services.

3. Scope of Services; Orders

Services, deliverables, pricing, timelines, and scope may be described on the Website and/or in a proposal, statement of work, invoice, care plan description, or written agreement (each, an “Order”). If there is a conflict between an Order and these Terms, the Order controls for that engagement.

4. Client Responsibilities

You agree to:

  • Provide accurate information and timely responses, approvals, and materials needed to perform Services.

  • Maintain backups of your content and data unless your Order explicitly states we will.

  • Ensure you have rights/licenses to all content you provide (text, images, logos, lists, and claims).

  • Use the Services in compliance with applicable laws and third-party platform policies (Google/Meta, email/SMS providers, hosting, etc.).

Delays in providing access/materials/approvals may delay delivery dates and may require rescheduling.

5. Accounts, Access Credentials, and Security

If you create an account or provide access credentials, you are responsible for maintaining confidentiality and all activity under your credentials. You authorize us to access systems strictly as needed to perform Services.

6. Fees, Billing, Subscriptions, and Payment

Fees and billing terms are stated in the applicable Order.

  • Recurring Plans: If you enroll in a recurring plan, you authorize recurring charges per the plan schedule until canceled per the plan terms.

  • Late/Failed Payments: We may pause work, suspend services, or restrict access for nonpayment.

  • Third-Party Costs: Third-party tools (hosting, domains, premium plugins, ad spend, messaging fees, etc.) may be billed to you directly by the provider or passed through to you if we pay them on your behalf.

7. Cancellations and Refunds

Refunds (if any) are governed by your Order. Because Services often involve reserved time and labor, payments may be non-refundable once work begins. If you cancel, you remain responsible for fees for work performed and any non-cancellable third-party costs.

8. Acceptable Use

You agree not to:

  • Use the Website/Services for unlawful, harmful, deceptive, or abusive purposes

  • Introduce malware or attempt unauthorized access

  • Interfere with the Website/Services or scrape data without permission
    We may suspend or terminate access for violations.

9. Intellectual Property

  • Your Content: You retain ownership of content you provide. You grant us a limited license to use it solely to perform Services.

  • Our Materials: We retain ownership of our pre-existing methods, templates, tools, and know-how. Unless your Order states otherwise, you receive a license to use deliverables created for you for their intended business purpose.

  • Third-Party Licenses: Some deliverables may include third-party assets subject to separate license terms.

10. Third-Party Services

We may integrate or rely on third-party services (hosting providers, plugin vendors, analytics, payment processors, messaging providers such as Twilio, ad platforms, etc.). We are not responsible for third-party services, outages, policy changes, fees, or performance.

11. Marketing / SEO / Advertising Disclaimer

We do not guarantee results (rankings, leads, conversions, revenue, or ROI). Outcomes depend on factors outside our control (competition, budgets, market conditions, platform rules, your offer, and your responsiveness).

12. Communications (Email + SMS/Text Messaging)

By providing your contact information (including email and phone number), you agree we may contact you for transactional and service-related communications. For marketing/promotional communications, we will rely on your opt-in/consent as required.

12.1 SMS/Text Messaging Program — Required Disclosures

If you opt in to receive SMS/MMS from Update Your Web:

  • Program Name / Sender: Update Your Web

  • Message Types: Service updates, appointment/reminder messages, account/project notifications, and (if you opt in separately) promotional offers.

  • Message Frequency: Varies based on your activity and requests.

  • Msg & Data Rates: Message and data rates may apply.

  • Opt-Out: Reply STOP to unsubscribe at any time.

  • Help: Reply HELP for help, or email updateyourweb@gmail.com.

  • Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages.

  • Consent Not Required: Consent to receive messages is not a condition of purchase.

  • Privacy: We handle SMS-related data as described in our Privacy Policy.

12.2 Consent and Opt-In

You agree that you will only provide phone numbers you own or control, and you will only opt in where you intend to receive messages. We may maintain records of your opt-in (e.g., timestamp, method, source) for compliance purposes.

13. Privacy Policy

Your use of the Website and Services is also governed by our Privacy Policy (posted on the Website). The Privacy Policy is incorporated into these Terms by reference.

14. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPDATE YOUR WEB WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE/DATA, ARISING FROM OR RELATED TO THE WEBSITE OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS BEFORE THE EVENT.

16. Indemnification

You agree to indemnify and hold harmless Update Your Web from claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your content, misuse of the Website/Services, or violation of law or third-party rights.

17. Suspension and Termination

We may suspend or terminate access to the Website or Services for violations, security concerns, nonpayment, legal compliance, or platform policy requirements.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law rules.

19. Severability; No Waiver

If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce any right is not a waiver.

20. Contact

Questions about these Terms: updateyourweb@gmail.com