1. Overview
SETU provides a managed website service for scoped website delivery, launch, and ongoing operations (the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
2. Eligibility and Accounts
You must be at least 18 years old and capable of forming a binding contract to use the Services. You are responsible for all activities under your account and must maintain the security of your login credentials. You agree to provide accurate information and keep it up to date.
3. Services; No Performance Guarantees
The Services include managed build, managed hosting, CMS access after launch, and operational support. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. We do not make promises or guarantees regarding uptime, search engine optimization (SEO) results, marketing outcomes, or the accuracy or reliability of any AI-assisted output. You are solely responsible for independently reviewing, validating, and approving content and configurations before use.
4. Your Content and Responsibilities
You retain ownership of content you submit, upload, or publish via the Services (“Your Content”). You are solely responsible for the accuracy, quality, legality, and appropriateness of Your Content, including securing any rights, permissions, and consents to use and publish it. You agree not to upload or publish content that is unlawful, infringing, deceptive, harmful, or otherwise in violation of applicable law or these Terms. You represent and warrant that Your Content and your use of the Services will comply with all laws and regulations.
5. Acceptable Use
You will not misuse the Services or attempt to interfere with their normal operation. Prohibited conduct includes but is not limited to: distributing malware; violating third-party rights; attempting to gain unauthorized access; reselling the Services without authorization; or using the Services to host or transmit illegal content. We may suspend or terminate access for violations of this section.
6. Payment and Billing
Paid plans are billed in advance on a subscription basis. Payments are processed by third-party processors such as Stripe. By providing your payment information, you authorize us and our processors to charge applicable fees and taxes. Fees are non-refundable unless required by law or expressly stated otherwise. You are responsible for all charges incurred under your account.
7. Intellectual Property
We and our licensors retain all rights, title, and interest in and to the Services, including software, documentation, and branding. These Terms do not grant you any rights to our trademarks, logos, or other brand features.
8. License to Host Your Content
You grant SETU a non-exclusive, worldwide, royalty-free license to host, reproduce, and display Your Content solely as necessary to provide the Services and to operate, secure, and improve the platform. This license ends when Your Content is deleted from the Services, subject to reasonable backup and archival retention.
9. Third-Party Services
The Services may interoperate with or link to third-party products or services (e.g., payment processing by Stripe). We do not control third-party services and are not responsible for their content, terms, or policies. Your use of third-party services is subject to their terms.
10. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITATION, WE DO NOT WARRANT RESULTS, INCLUDING SEO PERFORMANCE, MARKETING OUTCOMES, OR THE ACCURACY OR RELIABILITY OF ANY AI-ASSISTED OUTPUT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SETU OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO SETU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. Indemnification
You agree to defend, indemnify, and hold harmless SETU and its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to Your Content, your use of the Services, or your violation of these Terms or applicable law.
13. Termination
We may suspend or terminate your access to the Services at any time for any violation of these Terms or to comply with law. Upon termination, your right to use the Services will cease, but sections that by their nature should survive will survive, including ownership, disclaimers, limitations of liability, indemnification, and governing law.
14. Governing Law and Jurisdiction
These Terms and any dispute arising out of or relating to them are governed by the laws of the State of Tennessee, without regard to conflict of laws principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Cookeville, Tennessee, USA.
15. Changes to These Terms
We may update these Terms from time to time. When we do, we will update the “Last updated” date below. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.
16. Contact
For questions about these Terms, contact: setuoperations@gmail.com.