Last Updated: October 31, 2023
If you signed a separate Cover Page to access the Product with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Cover Page applies to your use of the Product.
This Agreement is between Pagesake LLC and the company or person accessing or using the Product. This Agreement consists of: (1) the Order Form and (2) the Key Terms, both of which are on the Cover Page below, and (3) the Common Paper Cloud Service Agreement Standard Terms Version 1.0 (“Standard Terms”). Any modifications to the Standard Terms made in the Cover Page will control over conflicts with the Standard Terms. Capitalized words have the meanings or descriptions given in the Cover Page or the Standard Terms.
If you are accessing or using the Product on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions of this Agreement.
Order Form
Cloud Service: Pagesake is a no-code website builder that allows you to build websites using AI in 60 seconds. This agreement covers the Pagesake free plan, which includes ads that are controlled by Pagesake, the starter plan, which allows for removal of some ads and a custom domain name (provided by the user) and the pro plan, which includes no ads and all the other starter features. Note that all users must comply with our content guidelines - nothing illegal.
Subscription Start Date: The Effective Date
Subscription Period: 1 month(s)
Non-Renewal Notice Period: At least 30 days before the end of the current Subscription Period.
Use Limitations: Content must be legal, and we will take down any content if there is a complaint, for example for infringement or if the AI generated uses existing copyright.
Cloud Service Fees: Section 5.2 of the Standard Terms is replaced with: Certain parts of the Product have different pricing plans, which are available at Provider’s pricing page. Within the Payment Period, Customer will pay Provider fees based on the Product tier selected at the time of account creation and Customer’s usage per Subscription Period. Provider may update Product pricing by giving at least 30 days notice to Customer (including by email or notification within the Product), and the change will apply in the next Subscription Period.
Payment Period: 5 day(s) from the last day of the Subscription Period
Invoice Period: Monthly
Professional Services: Custom consulting
Customer: The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word "Customer" in the Agreement will mean that company.
Provider: Pagesake LLC
Effective Date: The date Customer first accepts this Agreement.
Covered Claims:
Provider Covered Claims: None
Customer Covered Claims: All
General Cap Amount: The fees paid or payable by Customer to provider in the 12 month period immediately before the claim
Governing Law: The laws of the State of California
Chosen Courts: The state or federal courts located in California
Notice Address:
For Provider: ben@pagesake.com
For Customer: The main email address on Customer's account
DPA: https://pagesake.com/data-processing-agreement
Acceptable Use Policy: All sites on Pagesake must comply with international law. We do not support misinformation or misleading or scam sites to be created on the platform. All sites must include content that is acceptable for children age 13 and over, no adult or explicit content, and no promoting violence or anything illegal.
Allow use of Usage Data and Customer Content to train AI and machine learning models Add as Section 1.8: "Usage Data and Customer Content may be used to develop, train, or enhance artificial intelligence or machine learning models that are part of Provider's products and services, including third-party components of the Product, and Customer authorizes Provider to process its Usage Data and Customer Content for such purposes. However, (a) Usage Data and Customer Content must be aggregated before it can be used for these purposes, and (b) Provider will use commercially reasonable efforts consistent with industry standard technology to de-identify Usage Data and Customer Content before such use. Nothing in this section will reduce or limit Provider's obligations regarding Personal Data that may be contained in Usage Data or Customer Content under Applicable Data Protection Laws. Due to the nature of artificial intelligence and machine learning, information generated by these features may be incorrect or inaccurate. Product features that include artificial intelligence or machine learning models are not human and are not a substitute for human oversight." 14. Indemnification If you do something that gets us sued, you’ll cover us. To the fullest extent permitted by law, you agree to indemnify and hold harmless Pagesake LLC and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your eCommerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which Pagesake may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.