Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and The Cusp (“The Cusp”, “we”, “us”). By creating an account, checking the acceptance box at sign-up, or using our website-building services (the “Services”), you agree to these Terms and to our Privacy Policy and Cookies Policy, which are incorporated by reference. If you do not agree, do not use the Services.

You must be at least 18 years old and able to form a binding contract to use the Services. If you use the Services on behalf of an organization, you represent that you are authorized to bind it to these Terms.

You are responsible for your account credentials and for all activity under your account. Keep your password secure and notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms.

You agree not to misuse the Services, including by using them for unlawful, infringing, deceptive, or harmful content; attempting to disrupt or reverse-engineer the platform; or generating sites that violate third-party rights or applicable law. We may remove content or sites that breach this section.

Paid Services (including site builds and hosting) are billed through our payment processor. Fees, billing cycles, and any taxes are shown before purchase. Unless required by law, fees are non-refundable once a build has started. Hosting continues until cancelled; ending a hosting subscription may take your live site offline as described in the Services.

Automatic renewal.Hosting subscriptions renew automatically at the end of each billing period (monthly or annual, as selected at purchase) until you cancel. The renewal date and the amount to be charged are shown before you purchase and in your billing settings. You may cancel at any time from your project’s billing settings; cancellation takes effect at the end of the current paid period.

Promotional pricing and discount codes. Unless we expressly state otherwise at the time of purchase, discounts, coupons and promotional codes apply to the initial term only and are not valid for successive or renewal periods, and your subscription will renew at the then-current standard rate for your plan. Promotional codes are single-use, are intended for new customers, are non-transferable, have no cash value, and may not be combined with other offers unless stated. We may modify, suspend or discontinue any promotion at any time; doing so will not affect a discount already applied to a period you have already paid for.

You retain ownership of the content and materials you provide (“Your Content”). You grant The Cusp a worldwide, non-exclusive license to host, process, and display Your Content solely to operate and provide the Services. You are responsible for having the rights to Your Content.

The Services, including our software, models, and brand, are owned by The Cusp and its licensors and are protected by law. Except for the rights expressly granted to you, we reserve all rights.

The Services rely on third parties such as hosting, database, authentication, and payment providers. Your use of generated sites and the platform may be subject to those providers’ terms. We are not responsible for third-party services we do not control.

You may stop using the Services at any time. We may suspend or terminate your access if you breach these Terms or to comply with law. On termination, your right to use the Services ends; sections that by their nature should survive (e.g., IP, disclaimers, liability, governing law) will survive.

The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. AI-generated output may contain errors; you are responsible for reviewing sites before publishing.

To the fullest extent permitted by law, The Cusp will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Our total liability for any claim relating to the Services will not exceed the amounts you paid us in the 12 months before the claim. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

You agree to indemnify and hold The Cusp harmless from claims arising out of Your Content, your use of the Services, or your breach of these Terms, to the extent permitted by law.

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws rules, and the courts located there have jurisdiction, except where mandatory local law provides otherwise.

If you are a consumer in the EEA or UK: nothing in these Terms removes the mandatory consumer-protection rights of your country of residence, and you may bring proceedings in your local courts.

If you are a consumer in the United States: these Terms are governed by the State of Delaware, United States and applicable US federal law, and your mandatory state consumer rights are preserved.

We may update these Terms from time to time. Material changes will be reflected by an updated “Last updated” date, and continued use after changes take effect constitutes acceptance.

Questions about these Terms? Contact us at contact@thecusp.ai.