Terms of Service

1. 1. Agreement to these terms
2. 2. Use of our website
3. 3. Our website content
4. 4. The services
5. 5. Plans and what is included
6. 6. Website updates
7. 7. Your responsibilities
8. 8. Third-party services
9. 9. Billing and payment
10. 10. Cancellation
11. 11. Taking your website with you
12. 12. Ownership and intellectual property
13. 13. Accessibility
14. 14. Acceptable use
15. 15. Availability and support
16. 16. Disclaimer of warranties
17. 17. Limitation of liability
18. 18. Indemnification
19. 19. Term and termination
20. 20. Changes to these terms
21. 21. Governing law and disputes
22. 22. General provisions
23. 23. Contact

1. Agreement to these terms

These Terms of Service ("Terms") are a legal agreement between you and Clarify Design LLC, a Tennessee limited liability company doing business as SuperGood ("SuperGood," "we," "us," or "our").

By visiting supergoodsites.com, submitting a form, or subscribing to our services, you agree to these Terms. If you do not agree, do not use our website or services.

If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business, and "you" refers to both you and that business.

Part A — Sections 2 and 3 apply to everyone who visits our website.
Part B — Sections 4 through 23 apply once you become a client.

2. Use of our website

You may browse our website and submit inquiries. You agree not to:

• Use automated tools to scrape, crawl, or harvest content or contact information
• Submit false information or impersonate another person or business
• Attempt to gain unauthorized access to any part of our systems
• Interfere with the operation of the website, including by introducing malicious code
• Use the website for any unlawful purpose

Submitting a form does not create a client relationship or obligate either of us to anything. We may decline to work with any prospective client for any lawful reason.

3. Our website content

The content on supergoodsites.com, including text, design, graphics, and the SuperGood name and logo, is owned by us and protected by intellectual property law. You may not copy, reproduce, or republish it without our written permission, except for ordinary personal use such as printing a page for reference.

4. The services

SuperGood provides done-for-you websites for local businesses on a monthly subscription. Our services include design, development, hosting, domain configuration, and ongoing content updates, as described in your selected plan.

We build your website on templates and components we own and maintain. You select a starting design, provide your business information and content, and we build, launch, and maintain the site for you.

5. Plans and what is included

There is no setup fee and no upfront cost. Your first monthly payment is your only starting cost.

You may upgrade at any time, effective immediately. You may downgrade at any time, effective on your next billing date, provided your website fits within the lower plan's page limit. If it does not, we will work with you to consolidate pages before the downgrade takes effect. Downgrading does not result in a refund of any amount already paid.

Prices may change on 30 days' written notice. If you do not accept a price change, you may cancel under Section 10 before it takes effect.

6. Website updates

Your plan includes ongoing website updates at no additional charge. Updates include changes to existing content such as text, images, hours, pricing, service descriptions, staff information, and contact details, as well as adding or removing content within your plan's page limit.

We aim to complete most update requests within 2 business days of receiving everything we need from you. Larger updates and requests for new additions to your website, such as new page sections or new pages, will take longer than 2 business days.

What is not an update

The following are outside the scope of included updates and will be quoted separately:

• Adding pages beyond your plan's limit
• A full redesign or a change to a different starting template
• Custom functionality not part of your original build, such as booking systems, e-commerce, payment processing, calculators, member portals, or customer logins
• Integration with third-party software not included in your plan
• Logo design, brand identity work, photography, or videography
• Writing substantial new content from scratch, as distinct from editing content you supply
• Work on websites, systems, or properties other than the website we host for you

Fair use

Included updates are intended for the ordinary needs of a local business. We reserve the right to discuss a different arrangement with you if requests become unreasonable in volume or scope relative to your plan. We will always talk with you before declining work or charging anything additional. We will not charge you for anything you have not agreed to in advance.

7. Your responsibilities

To build and maintain your website, we need your cooperation. You agree to:

• Provide content. Supply the business information, photographs, logos, and other materials we request, in a timely manner. Your launch timeline depends substantially on how quickly you provide these.
• Hold the rights. Ensure you own or have permission to use everything you give us, including photographs, logos, text, testimonials, and any third-party material. You are responsible for content you provide.
• Provide accurate information. Ensure that business details, licensing claims, service areas, pricing, and any representations on your website are accurate and comply with applicable law and advertising regulations.
• Review and approve. Review your website before launch and confirm it is accurate and acceptable.
• Set up your domain. If you do not have a domain, we will purchase one and set it up for you. If you already own a domain, we recommend transferring it to us so we can manage it for you. If you cannot transfer it, you will need to configure it yourself by completing the DNS changes we specify. We will help, but we cannot change DNS records we do not control. Your subscription and billing continue whether or not you have finished configuring your domain.
• Keep contact details current. Maintain a working email address and phone number so we can reach you about your account.
• Handle your own leads. You are responsible for the information visitors submit through your website and for complying with privacy and marketing law in how you use it.

If we cannot proceed because we are waiting on you, your subscription and billing continue. We will follow up, but we cannot pause billing while waiting for content.

8. Third-party services

Your website may rely on third-party platforms and services, including hosting infrastructure, domain registrars, email delivery, analytics, mapping, and similar tools.

We select and manage these on your behalf, but we do not control them. We are not responsible for their outages, errors, pricing changes, policy changes, or discontinuation. If a third-party service we rely on becomes unavailable or unsuitable, we will substitute a comparable alternative at no additional cost to you where we reasonably can.

Where a service requires an account in your name, you are responsible for that account and bound by that provider's terms.

9. Billing and payment

Payments are processed by Stripe. By subscribing, you authorize us to charge your payment method on a recurring monthly basis until you cancel.

• Billing cycle. You are billed monthly in advance, on the same calendar day each month, beginning on the date you subscribe.
• Automatic renewal. Your subscription renews automatically each month unless cancelled under Section 10.
• Taxes. Prices do not include sales or use taxes. Where we are required to collect them, they will be added to your invoice.
• Failed payments. If a payment fails, we will notify you and retry. If payment is not resolved within 10 days, we may suspend your website until the balance is paid. If it is not resolved within 30 days, we may terminate your subscription under Section 19.
• Reactivation. A website suspended for non-payment will be restored once the balance is paid, provided it has not been terminated.
• 30-day money back guarantee. If you ask us for a refund within 30 days of signing up and making your initial payment, we will refund that payment in full.
• Refunds. Outside of the 30-day money back guarantee, monthly fees are not refundable in whole or in part, including for partial months and when you downgrade your plan. Because there is no minimum term and no upfront cost, you can stop at any time.

10. Cancellation

There is no minimum term. You may cancel at any time by emailing us at team@supergoodsites.com or by notifying us in writing.

Cancellation takes effect at the end of your current billing period. Your website remains live through that date. We do not prorate or refund the final month, except under the 30-day money back guarantee in Section 9.

After your subscription ends:

• Your website is taken offline
• We retain your website content and data for 90 days, after which it may be permanently deleted
• Your domain remains yours, and we will cooperate in pointing it wherever you direct
• If you are eligible under Section 11, you may request a copy of your website

You may reactivate within the retention window by resubscribing. After that window, a new website would need to be built.

11. Taking your website with you

Once you have made twelve consecutive monthly payments, you may cancel and request a copy of your website to host elsewhere, at no additional charge.

Eligibility is based on payments, not on time. You do not have to remain subscribed for twelve months: if you cancel sooner, you may pay the remainder of your first twelve monthly payments and take your website with you.

What you receive

A standalone website project containing the pages, content, images, and styling of your website as it exists at the time of the request, in a conventional, deployable format. A developer can host it on any standard hosting provider.

What is not included

• Our content management system, admin tools, or multi-tenant platform
• Our component library, templates, or design system beyond what appears on your own website
• Third-party services, licenses, subscriptions, or API keys held in our name
• Ongoing hosting, support, updates, or maintenance

How it works

• Request it in writing at any time after your twelfth consecutive monthly payment, including at cancellation
• We deliver within 14 days of the request
• Your account must be current, with no outstanding balance
• If your subscription lapses and you later resubscribe, eligibility is based on twelve consecutive monthly payments

Your license to it

We grant you a perpetual, non-exclusive, non-transferable license to use, host, and modify the delivered website for your own business. You may not resell it, redistribute it, license it to others, or use it as a template to produce websites for third parties.

Once delivered, the website is your responsibility. We are not liable for its operation, security, accessibility, or maintenance after delivery, and we are not obligated to provide support for it.

12. Ownership and intellectual property

What you own

You retain all rights to the content you provide: your business name, logo, trademarks, photographs, written copy, testimonials, and any other materials you supply. You also own the information submitted by visitors through your website.

You grant us a non-exclusive license to use, reproduce, modify, and display that content for the purpose of building, hosting, and maintaining your website.

What we own

We retain all rights to our templates, components, design system, content management system, platform code, and any tools or infrastructure we develop. Your subscription grants you the right to have a website built and hosted using them. It does not transfer ownership, except as expressly described in Section 11.

Portfolio rights

We may display your website, including screenshots and your business name and logo, in our portfolio, case studies, social media, and marketing materials. If you prefer we not do this, tell us in writing and we will honor it.

13. Accessibility

We design and build websites with accessibility in mind and aim to meet WCAG 2.1 Level AA standards at launch.

Our accessibility responsibility is limited to the website as we build and deliver it. We are not responsible for:

• Accessibility issues arising from content you provide, including images without descriptive text, documents, PDFs, and videos
• Issues introduced by third-party tools or integrations not implemented by us
• Accessibility of your website after it has been exported under Section 11 or otherwise moved off our platform

You are responsible for ensuring that content you supply meets applicable accessibility standards. If you have specific accessibility obligations under the Americans with Disabilities Act or other law, tell us before we begin so we can account for them.

14. Acceptable use

You may not use our services to publish or distribute content that:

• Violates any law or regulation
• Infringes anyone's intellectual property or privacy rights
• Is fraudulent, deceptive, or materially misleading, including false claims about licensing, certification, insurance, or qualifications
• Is defamatory, harassing, threatening, or promotes violence or discrimination
• Is sexually explicit or promotes illegal goods or services
• Contains malicious code, or is used for phishing, spam, or unauthorized data collection

We may remove content or suspend a website that violates this section. Where circumstances allow, we will contact you first.

15. Availability and support

We work to keep your website online and available at all times, and we monitor for outages. We do not guarantee uninterrupted availability. Scheduled maintenance, third-party outages, and circumstances beyond our control may cause interruptions.

We provide support by email during normal business hours, Monday through Friday. We respond as promptly as we reasonably can. "Around the clock site management" refers to automated monitoring, backups, and security maintenance, not to staffed support outside business hours.

16. Disclaimer of warranties

Except as expressly stated in these terms, our services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that your website will be uninterrupted or error-free, that defects will be corrected, or that your website will generate any particular amount of traffic, leads, inquiries, revenue, or search engine ranking. Search engines, advertising platforms, and directories are controlled by third parties whose rankings and policies we do not control.

17. Limitation of liability

To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, lost data, or loss of goodwill, regardless of the theory of liability and even if advised of the possibility of such damages.

Except as stated in the following paragraph, each party's total aggregate liability arising out of or relating to these terms or the services will not exceed the total amount you paid us in the twelve months immediately preceding the event giving rise to the claim.

The limitations in this section do not apply to: gross negligence, willful misconduct, or fraud; a party's indemnification obligations under Section 18; your obligation to pay amounts owed; or any liability that cannot be limited by law.

These limits are a fundamental part of the agreement between us and reflect the subscription pricing of our services. Without them, the services would be priced differently.

18. Indemnification

By you. You will defend, indemnify, and hold harmless SuperGood and its officers, employees, and contractors from any third-party claim, demand, loss, or expense, including reasonable attorneys' fees, arising from: content you provide; your use of the services in violation of these Terms or applicable law; your representations about your business, licensing, or qualifications; or your handling of information submitted through your website.

By us. We will defend, indemnify, and hold harmless you and your officers and employees from any third-party claim that the templates, components, or code we created and supplied infringe that party's intellectual property rights, excluding claims arising from content you provided or from modifications made by anyone other than us.

Process. The party seeking indemnification must promptly notify the other in writing, allow the indemnifying party to control the defense and settlement, and provide reasonable cooperation. Neither party may settle a claim in a way that imposes an obligation on the other without that party's written consent.

19. Term and termination

These Terms begin when you first use our website or subscribe, and continue until terminated.

By you. At any time, under Section 10.

By us. We may suspend or terminate your subscription if you materially breach these Terms and do not cure the breach within 10 days of written notice; if payment remains unresolved as described in Section 9; if you violate Section 14; or on 30 days written notice for any reason, in which case we will not charge you for any period after termination.

Sections 3, 11, 12, 16, 17, 18, 21, and 22 survive termination.

20. Changes to these terms

We may update these Terms from time to time. For material changes affecting active clients, we will give at least 30 days' written notice by email. If you do not accept a material change, you may cancel under Section 10 before it takes effect. Continued use of the services after the effective date means you accept the updated Terms.

For non-material changes, such as clarifications or corrections, we will update the "Last updated" date.

21. Governing law and disputes

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict of laws principles.

Informal resolution first. Before filing any claim, the parties agree to attempt to resolve the dispute informally by contacting each other in writing and negotiating in good faith for at least 30 days.

Venue. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Williamson County, Tennessee, and both parties consent to the jurisdiction of those courts.

Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

22. General provisions

Entire agreement. These Terms, together with our Privacy Policy and any written order or plan description you accept, are the entire agreement between us and supersede any prior discussions, proposals, or representations.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions stay in effect.

No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

Assignment. You may not assign these Terms without our written consent, except to a successor of your business. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Independent contractors. We are an independent contractor. Nothing here creates a partnership, joint venture, employment, or agency relationship.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, war, labor disputes, internet or utility failures, or acts of government.

Notices. Notices to you go to the email address on your account. Notices to us go to team@supergoodsites.com. Email notice is effective when sent, absent a delivery failure.

23. Contact

Clarify Design LLC, d/b/a SuperGood
726 Shadycrest Ln, Franklin, TN, 37064
team@supergoodsites.com