Webstitch AI Terms of Service

1. Introduction and Acceptance

This Agreement outlines the comprehensive terms under which Webstitch , Inc. offers access to its proprietary web-based software platform and accompanying services (collectively, the “ Webstitch SaaS Services”). These terms are intended to protect the interests of both parties and provide clarity on expectations, responsibilities, and remedies throughout the business relationship.

By affirmatively accepting these Terms of Service or continuing to access the Webstitch SaaS Services, the Customer acknowledges that they have read, understood, and consented to be legally bound by the conditions outlined herein. This Agreement supersedes any prior written or oral agreements between the Parties with respect to the subject matter hereof.

Acceptance of these terms extends to any employees, affiliates, contractors, or representatives of the Customer who access the services. The Customer assumes full responsibility for the actions of all individuals who access the Webstitch SaaS Services on its behalf, ensuring they comply fully with this Agreement.

Additionally, the Customer agrees not to access the Webstitch SaaS Services for the purpose of developing, benchmarking, or analyzing performance against a competing solution. Any such use is strictly prohibited without the express written consent of Webstitch and may result in immediate termination of access and legal remedies.

This Agreement will apply to all future updates, releases, enhancements, and new features added to the Webstitch SaaS Services unless otherwise stated. The most current version of these terms will always be available on the Webstitch website, and it is the Customer ’s responsibility to stay informed of any changes.

2. Services and Usage Rights

Webstitch provides access to a suite of integrated digital tools and platforms designed to help businesses establish and manage their online presence, automate marketing and SEO functions, and streamline content delivery through AI-powered tools. These services are provided on a subscription basis and are governed by service-level commitments defined in this Agreement.

The Customer acknowledges and agrees that their use of the Webstitch SaaS Services is restricted to the scope permitted by Webstitch . The Customer shall use reasonable efforts to prevent unauthorized access and shall immediately notify Webstitch of any breach or suspected breach of security, including any unauthorized use of passwords or accounts.

Specific prohibited actions include, but are not limited to:

- Hosting or transmitting material that is infringing, libelous, or otherwise unlawful or tortious.

- Storing or distributing malware, spyware, or ransomware through the Webstitch SaaS Services.

- Using scraping tools, bots, or any automated means to harvest data or disrupt service continuity.

- Simulating load to test infrastructure without prior approval from Webstitch .

The Customer must not use the services in a manner intended to exploit or circumvent billing or capacity restrictions. All usage must be in accordance with applicable local, national, and international laws.

Webstitch may monitor usage patterns to ensure compliance with fair use guidelines and may suspend accounts that exhibit excessive or suspicious usage beyond the ordinary scope of business operations.

3. Account Management

The Customer will be issued one or more user accounts, enabling their team to access and utilize the Webstitch SaaS Services. Each account is designated for authorized employees or contractors only. Account credentials may not be shared.

The Customer is responsible for ensuring proper identification, authorization, and supervision of all Permitted Users. Any suspected unauthorized access must be reported immediately.

If the Customer requests account deletion, Webstitch will retain account data for seven (7) days post-deletion request. Restoration can be requested during this period. Afterward, the data and account will be permanently deleted, except where retention is mandated by Webstitch ’s Privacy Policy.

4. Ownership and Intellectual Property

The Customer acknowledges and agrees that, except for the limited rights expressly granted under this Agreement, all intellectual property rights in and to the Webstitch SaaS Services, including but not limited to underlying software, source code, object code, APIs, content libraries, user interface designs, templates, documentation, trade names, logos, and proprietary algorithms (collectively, “ Webstitch IP”), are and shall remain the sole and exclusive property of Webstitch or its licensors.

Customer Data remains the sole property of the Customer . However, the Customer grants to Webstitch a fully transferable, irrevocable, non-exclusive, perpetual license to use such data for internal analysis, security auditing, service enhancement, operational diagnostics, and training machine learning models in a way that ensures no identifiable information remains.

The Customer further agrees that:

(a) They will not claim any ownership or patent rights in the Webstitch SaaS Services or derivatives thereof;

(b) Suggestions, ideas, comments, or other feedback (“Feedback”) provided by the Customer regarding the functionality or performance of the Webstitch SaaS Services may be freely used by Webstitch without acknowledgment, compensation, or restriction;

(c) Output generated by the services may contain generic, templated, or AI-generated content and may not be unique to any specific Customer or project.

Any unauthorized reproduction, adaptation, display, or distribution of Webstitch IP constitutes a material breach of this Agreement and may result in immediate termination of access and legal action for injunctive relief and damages.

5. Privacy

Webstitch recognizes the importance of safeguarding Customer Personal Information and adheres to industry-standard data protection protocols in compliance with applicable privacy legislation, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), where applicable.

Webstitch collects, processes, and stores Personal Information only for legitimate business purposes, including service delivery, customer support, analytics, billing, and compliance. All processing activities are conducted with the appropriate technical and organizational safeguards to prevent unauthorized access, loss, or misuse.

The Customer is responsible for ensuring that they have all necessary rights, consents, and lawful bases for the collection, disclosure, and transfer of Personal Information to Webstitch . This includes compliance with notice requirements for data subjects and ensuring accuracy and minimization of data.

The Customer understands and agrees that:

(a) Personal Information may be stored on servers located outside their jurisdiction;

(b) Webstitch may share data with subprocessors under contractual obligations of confidentiality and data security;

(c) Aggregated or anonymized data that does not identify individuals may be used by Webstitch for analytics and product development.

Webstitch shall, upon written request, enter into a Data Processing Agreement (DPA) with the Customer where required by law. Additionally, Webstitch shall provide reasonable cooperation in the event of data subject access requests (DSARs), audits, or regulatory inquiries, provided that such support does not interfere with Webstitch ’s own legal obligations or compromise platform security.

The Privacy Policy may be updated from time to time and any material changes will be communicated through the Webstitch website or directly to affected users.

6. Fees and Billing

All Fees payable under this Agreement are exclusive of applicable taxes, levies, duties, or similar governmental assessments, including but not limited to value-added tax (VAT), sales tax, use tax, goods and services tax (GST), or withholding tax (collectively, “Taxes”). The Customer is responsible for paying all such Taxes associated with their purchases under this Agreement, except where Webstitch is required by law to collect and remit Taxes on the Customer ’s behalf.

If any withholding tax is required by law, the Customer shall gross up such payment such that Webstitch receives the full amount of Fees due after such withholding.

The Customer authorizes Webstitch to charge the payment method on file automatically for all applicable Fees on a recurring basis, unless canceled by the Customer prior to the next billing cycle. Webstitch is not responsible for delays or interruptions caused by failed payment transactions, card expirations, insufficient funds, or declined charges by financial institutions.

Should the Customer exceed the permitted usage or resource thresholds defined in their selected plan (e.g., bandwidth, storage, AI tokens), Webstitch reserves the right to bill overage charges at the then-current rate or upgrade the Customer to a higher plan with notice.

Failure to make timely payment shall be considered a material breach. In addition to interest and late fees, Webstitch may refer overdue accounts to a third-party collections agency or initiate legal proceedings to recover outstanding amounts.

7. Confidentiality

Each Party shall keep strictly confidential all non-public, proprietary, or sensitive information disclosed by the other Party, whether oral, written, or digital, that is designated as confidential or that a reasonable person would understand to be confidential under the circumstances (“Confidential Information”).

This obligation of confidentiality shall survive for a period of five (5) years following the termination of this Agreement, except for trade secrets and Customer Personal Information, which shall remain confidential indefinitely.

Confidential Information shall not include information that:

(a) Is or becomes generally available to the public other than through a breach of this Agreement;

(b) Is lawfully obtained by the Recipient from a third party with no duty of confidentiality;

The Recipient shall:

(a) Not use the Confidential Information for any purpose other than the fulfillment of its obligations under this Agreement;

(b) Restrict disclosure to only those employees, contractors, or advisors who need to know such information and who are subject to confidentiality obligations at least as protective as those in this Agreement;

Upon written request or termination of this Agreement, the Recipient shall return or securely destroy all physical and digital copies of Confidential Information in its possession or control and confirm such destruction in writing, except for archival copies retained in accordance with legal or regulatory retention policies.

8. Warranties and Disclaimers

The Customer acknowledges and agrees that the Webstitch SaaS Services are provided “as is” and “as available,” with all faults and without warranties of any kind. To the fullest extent permitted by applicable law, Webstitch disclaims all representations, warranties, guarantees, and conditions, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, non-infringement, system integration, and ...

Webstitch makes no warranty that:

(a) The services will operate uninterrupted, timely, or error-free;

(b) The services will meet the Customer ’s business requirements or expectations;

(c) Any content, advice, recommendation, or AI-generated material provided through the services will be accurate, current, or complete;

(d) Security measures implemented will be immune to all threats, vulnerabilities, or cyberattacks.

No advice or information, whether oral or written, obtained from Webstitch or its affiliates, shall create any warranty not expressly stated herein.

The Customer assumes all risks associated with the installation, configuration, operation, use, and results of the services. This includes any reliance on output generated using machine learning or artificial intelligence, and all content uploaded by or on behalf of the Customer , including their agents, contractors, or clients.

Webstitch shall not be responsible or liable for any damages, liability, or losses that result from:

(a) The Customer ’s reliance on the services without independent validation;

(b) Downtime caused by third-party service providers or internet disruptions;

Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply in full to certain Customer s. In such cases, Webstitch ’s liability shall be limited to the minimum extent required under applicable law.

9. Use of Images

The Webstitch platform may offer access to curated stock photography, videos, icons, graphics, and other visual assets (“Images”) through integrations with third-party providers. The Customer understands and agrees that all such Images are the intellectual property of the respective licensors and are licensed—not sold—for use exclusively within the Webstitch ecosystem.

As of the Effective Date, Webstitch integrates with providers including, but not limited to, Getty Images, Unsplash, and previously Shutterstock. The Customer is solely responsible for reviewing and complying with each provider’s specific license agreements:

- Getty Images: https://www.gettyimages.ca/eula

- Unsplash: https://unsplash.com/terms

Unless otherwise stated, the Customer may not:

(a) Reproduce, sell, lease, or distribute the Images outside of the Webstitch platform;

(b) Use Images to imply endorsement, association, or representation without permission;

(d) Modify Images in a misleading, defamatory, or otherwise unlawful manner.

For Shutterstock Images used prior to discontinuation, Webstitch grants the Customer a limited, non-transferable license to continue using those assets solely within previously published content. No new content may incorporate discontinued provider assets unless separately licensed by the Customer .

Webstitch disclaims all warranties with respect to Images provided by third-party licensors and shall not be liable for any infringement, misrepresentation, or misuse by the Customer .

The Customer agrees to indemnify and hold Webstitch harmless from any third-party claims related to the unauthorized use of Images.

10. Indemnification

The Customer shall defend, indemnify, and hold harmless Webstitch , its parent company, subsidiaries, affiliates, officers, directors, employees, agents, contractors, and licensors (collectively, “ Webstitch Indemnitees”) from and against any and all third-party claims, demands, actions, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

(a) Any content, data, or information submitted by the Customer or on their behalf;

(b) The Customer ’s use or misuse of the Webstitch SaaS Services, including any violations of laws, regulations, or third-party rights;

(d) Any unauthorized use or disclosure of confidential information;

(e) Any claim that Customer Data or Output infringes or misappropriates a third party’s intellectual property, privacy, or other proprietary rights;

(f) Use of the Webstitch SaaS Services in combination with any hardware, software, services, or data not provided by Webstitch .

Webstitch will promptly notify the Customer of any claim subject to indemnification and will provide reasonable assistance in defending the claim, at the Customer ’s expense. The Customer may not settle any such claim without Webstitch ’s prior written approval unless the settlement unconditionally releases Webstitch from all liability.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WEBSTITCH, ITS LICENSORS, AFFILIATES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, SAVINGS, GOODWILL, USE, DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY (CONTRACT, WARRANTY, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF WEBSTITCH FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE CUSTOMER TO WEBSTITCH FOR THE SAAS SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. MULTIPLE CLAIMS WILL NOT INCREASE THIS LIMIT.

WEBSTITCH EXPRESSLY DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM:

(a) UNAUTHORIZED ACCESS TO OR USE OF CUSTOMER ACCOUNTS OR DATA;

(b) THIRD-PARTY SERVICES OR PRODUCTS USED IN CONNECTION WITH THE SAAS SERVICES;

(d) ACTS OR OMISSIONS OF THE CUSTOMER OR PERMITTED USERS.

This Section will survive termination or expiration of the Agreement.

12. Term and Termination

This Agreement will commence on the Effective Date and continue for the duration of the subscription term as specified at the time of purchase (“Initial Term”). Upon expiration of the Initial Term, the Agreement shall automatically renew for successive terms of equal length (“Renewal Terms”) unless either Party provides written notice of non-renewal at least thirty (30) days before the end of the current term.

Webstitch may suspend or terminate the Customer ’s access to the SaaS Services immediately and without liability if:

(a) The Customer breaches any material provision of this Agreement and fails to cure such breach within thirty (30) days of notice;

(b) The Customer becomes insolvent, is subject to bankruptcy proceedings, or ceases to do business;

(d) Required by court order, regulatory mandate, or applicable law.

Upon expiration or termination of this Agreement for any reason:

- All licenses and rights granted to the Customer shall immediately terminate;

- The Customer shall cease all use of the Webstitch SaaS Services;

- The Customer shall return or destroy all Webstitch Property and certify such destruction;

- All fees incurred prior to termination shall become immediately due and payable.

Termination shall not relieve the Customer of any obligation or liability accrued prior to the termination date. Sections intended to survive termination shall remain in full force and effect thereafter.

13. Support and Notices

Support services offered by Webstitch include access to knowledge base articles, tutorials, guided onboarding, and troubleshooting assistance via email or support ticket systems. Support hours are Monday through Friday, 9:00 AM to 5:00 PM Pacific Time, excluding statutory holidays unless otherwise specified in a separate service level agreement.

For Customer s subscribed to premium plans or enterprise-level agreements, Webstitch may provide priority support or dedicated account management subject to additional terms and conditions.

Webstitch does not guarantee uninterrupted support availability and shall not be liable for any delays in response due to Force Majeure events, internet outages, system maintenance, or volume-related backlogs.

All formal notices under this Agreement shall:

(a) Include the full legal name of the notifying Party;

(b) Be clearly marked as “Legal Notice” in the subject line (for emails) or on the envelope (for physical mail);

The Parties agree that electronic notices sent from authorized accounts shall satisfy any legal requirements for written communication, to the extent permitted by applicable law.

14. General Terms

This Agreement constitutes the entire agreement between the Parties concerning the subject matter herein and supersedes any prior or contemporaneous communications, proposals, or representations, whether oral or written.

Any amendment or modification to this Agreement must be in writing and signed by both Parties, except where Webstitch has provided notification of unilateral changes as permitted under Section 14. The Customer ’s continued use of the Webstitch SaaS Services after the effective date of such amendments constitutes acceptance thereof.

No agency, partnership, joint venture, or employment relationship is created by this Agreement. Neither Party has authority to bind the other or incur obligations on their behalf unless expressly authorized in writing.

Each Party acknowledges that it has had the opportunity to consult with independent legal counsel prior to entering into this Agreement and has either done so or voluntarily chosen not to.

The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision.

This Agreement shall not be construed against either Party by reason of authorship or origin of any provision, clause, or attachment. Headings are for convenience only and shall not affect interpretation.

15. Definitions

Key terms used in this Agreement include:

• “ Customer Data”: Information submitted or input by the Customer , excluding Aggregated Data.

• “ Webstitch SaaS Services”: The hosted services and related tools offered by Webstitch .

• “Intellectual Property Rights”: Legal rights protecting creations of the mind, including copyrights, trademarks, and patents.

• “Losses”: Financial or legal harm suffered as a result of claims or liabilities.

• “Modifications”: Any enhancements or changes made to the services or their components.

• “Personal Information”: Data about an identifiable individual.

• “Website”: Webstitch ’s primary web presence at https://webstitch.ai/.

16. License Grant and Use Restrictions

Subject to the Customer 's compliance with the terms of this Agreement, Webstitch hereby grants the Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Webstitch SaaS Services solely for internal business purposes. This license does not convey any rights of ownership in or to the software, services, or any content or materials made available through the platform.

The Customer shall not, and shall not permit others to:

(a) Reproduce, modify, adapt, or create derivative works from the Webstitch SaaS Services;

(b) Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the software;

(d) Use the Webstitch SaaS Services in any unlawful manner, including but not limited to the violation of intellectual property rights, privacy laws, or export control regulations;

(e) Use automated scripts, bots, scrapers, or similar data gathering methods to access the Webstitch platform.

All rights not expressly granted herein are reserved by Webstitch and its licensors.

17. User Content and Responsibility

The Customer may create, upload, or manage content through the Webstitch platform (“User Content”). The Customer retains ownership of such User Content, but hereby grants Webstitch a non-exclusive, royalty-free, worldwide license to use, reproduce, host, store, and display such content for the purpose of operating and improving the Webstitch SaaS Services.

The Customer represents and warrants that:

(a) They have all necessary rights to the User Content they provide;

(b) The content does not infringe or misappropriate any third-party rights;

(d) The content complies with all applicable laws and regulations.

Webstitch does not pre-screen User Content but reserves the right to remove or restrict access to any content deemed in violation of this Agreement.

18. AI and Automated Output Disclaimer

The Customer acknowledges that portions of the Webstitch SaaS Services utilize artificial intelligence and machine learning technologies to generate content, insights, or automated decisions (“AI Output”). Webstitch makes no representations or warranties as to the accuracy, completeness, legality, or suitability of such AI Output.

The Customer assumes full responsibility for evaluating and validating all AI-generated materials prior to use. AI Output is intended to assist, not replace, human judgment. Webstitch disclaims any liability for consequences resulting from reliance on such content, including but not limited to reputational damage, regulatory infractions, or commercial losses.

The Customer agrees not to use AI Output in any critical systems, legal proceedings, or regulated domains (e.g., medical, legal, financial) without independent verification.

19. Templates, Themes, and Design Assets

Webstitch provides access to a variety of website templates, design assets, and user interface components (“Design Assets”) for use within the Webstitch platform. These Design Assets are licensed, not sold, to the Customer for the duration of their subscription.

The Customer is granted a limited, non-sublicensable right to use the Design Assets solely in conjunction with the Webstitch SaaS Services. The Customer may not:

(a) Distribute, resell, or reuse the Design Assets outside of the Webstitch platform;

(b) Claim ownership or exclusive rights over any Design Asset;

All Design Assets remain the exclusive property of Webstitch or its licensors.

20. Beta Features and Experimental Tools

Webstitch may provide early access to beta features, experimental tools, or pre-release services (“Beta Features”). Beta Features are provided "as-is," without warranties of any kind, and may be incomplete or contain errors that could lead to service interruptions or data loss.

The Customer agrees to use Beta Features solely for testing and feedback purposes and understands that Webstitch may discontinue or modify them at any time without notice or obligation. Webstitch is not liable for any loss, damage, or liability arising from the use of Beta Features.