Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") are a binding legal agreement between you ("Client," "you," or "your") and ZiaMade LLC ("ZiaMade," "we," "us," or "our"), a New Mexico limited liability company. By subscribing to our service, completing a purchase through our checkout page, or using any ZiaMade website or service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, do not use our services. We may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect by emailing the address on your account. Your continued use of the service after that notice period constitutes acceptance of the updated Terms.

2. Eligibility

You must be at least 18 years old and authorized to act on behalf of the business for which the website is being created. By subscribing, you represent that you have the legal authority to bind the business to these Terms and that all information you provide is accurate.

3. Description of Service

ZiaMade provides a web design subscription service. For a monthly fee, we:

• Build a professional website for your business using publicly available information, information you provide, and AI-assisted content generation tools.
• Host your website on Cloudflare's global network.
• Provide a self-service content management portal where you can update text, photos, and contact information.
• Register or connect a custom domain name for your website (included in the subscription).
• Provide ongoing support for content updates via email or text message.

We do not guarantee any specific business outcomes, search engine rankings, or visitor traffic. Website performance depends on many factors outside our control, including your industry, location, competition, and how you use the site.

3A. Preview Sites & Prospective Clients

3A.1 What We Do

We may build a speculative preview website for your business using publicly available information, including your business name, address, phone number, hours of operation, services, and customer reviews from Google. Preview websites are generated using AI tools and publicly available data. Preview images are AI-generated or sourced from stock photography — we do not use photos from your existing website on preview sites.

3A.2 Preview Access

Preview sites are hosted at a private URL with a randomized address that is not guessable from your business name alone. They are not indexed by search engines and are not linked from any public page. A visible disclaimer banner identifies the site as a speculative preview not affiliated with your business. The preview URL is shared only via direct mail or email sent to your business.

3A.3 Accuracy

Preview content is AI-generated and may contain inaccuracies. Previews are intended as a demonstration of our service, not as a representation of fact about your business. You will have the opportunity to review and request corrections before making any site live as a paid subscription.

3A.4 Featured Reviews

Your website may display featured customer reviews sourced from public review platforms (such as Google or Yelp). Each review is attributed to its original author and platform. We do not fabricate, edit, or alter review content.

By approving your preview site for publication, you authorize us to display featured customer reviews attributed to their original authors and source platforms on your live website. You may request the removal or replacement of any individual review at any time by contacting us, and we will update your site within 5 business days.

If your previous website contained customer testimonials, endorsements, or quotes, we may include those on your new site as first-party testimonials attributed to the original author. These are treated as client-provided content under Section 6.1, not as platform-sourced reviews.

3A.5 Your Options

• Subscribe ($29/month) and make the site live with your own photos and corrected content.
• Request removal — the preview is deleted and associated data is purged within 30 days.
• Do nothing — the preview expires automatically after 60 days and is removed.

3A.6 Data from Public Sources

Information used to build your preview is gathered from publicly accessible sources including Google Business Profile and public business directories. We do not access private accounts, purchase data from data brokers, or scrape information behind login walls.

4. Subscription and Payment

4.1 Pricing

The subscription fee is $29 per month, billed monthly on the anniversary of your initial payment date. All prices are in US dollars. Applicable taxes may apply depending on your jurisdiction.

4.2 Automatic Renewal

Your subscription automatically renews each month. Your payment method on file will be charged automatically on each billing date until you cancel. You authorize this recurring charge when you subscribe.

4.3 Payment Processing

Payments are processed by Stripe, Inc. We do not store your credit card number, expiration date, or security code on our servers. Stripe is a PCI DSS Level 1 certified payment processor. By making a payment, you also agree to Stripe's Consumer Terms.

4.4 Failed Payments

If a payment fails, Stripe will attempt to charge your payment method again over the following days. We will email you with a link to update your payment information. If payment remains unsuccessful, your subscription will be marked past due and your website may be temporarily suspended until payment is resolved.

4.5 Price Changes

We may change our subscription price with at least 30 days' written notice to the email address on your account. The new price will take effect at the start of your next billing cycle after the notice period. If you do not agree to a price change, you may cancel before the new price takes effect.

4.6 Refunds

We do not provide prorated refunds for partial months. If you cancel, your website remains active through the end of your current billing period. In cases of billing errors or service failures attributable to us, we will issue a refund at our discretion.

5. Cancellation

You may cancel your subscription at any time. No contracts, no cancellation fees. You can cancel through:

• Your billing portal (accessible from your site dashboard or our website).
• Emailing us at alex@ziamade.com.
• Texting or calling us at (505) 596-0251.

Upon cancellation:

• Your website remains live through the end of your current billing period.
• After the billing period ends, your site will be suspended for 30 days (a grace period in case you change your mind).
• After the 30-day grace period, your site will be archived and taken offline.
• You may request an export of your website content at any time before archival (see Section 6.3).
• Any domain registered through us remains in your name. We will provide DNS transfer instructions upon request.

6. Intellectual Property

6.1 Your Content

You retain all rights to content you own and provide to us: your business name, logo, photographs, branding materials, and any original text you write or supply. Content generated by our AI tools on your behalf (website copy, descriptions, taglines) is assigned to you upon creation. You own it.

You represent and warrant that any content you provide to us — including photos, logos, text, and other materials — does not infringe on the intellectual property rights of any third party. You agree to indemnify ZiaMade against any claims arising from content you provide.

6.2 Our Platform

ZiaMade retains ownership of our website templates, design system, code libraries, pipeline tools, and infrastructure. These are not transferred to you. While subscribed, you receive a non-exclusive, non-transferable license to use our template as part of your hosted website.

6.3 Content Export

Upon request (during your subscription or within 30 days of cancellation), we will provide an export of your website content, including text, images, and data files, in a standard format within 14 business days. The export includes your content and data but not our proprietary template code or infrastructure.

6.4 Portfolio Use

We may display your website in our portfolio, case studies, or marketing materials as an example of our work, unless you notify us in writing that you object. We will not use your business name or likeness in paid advertising without your consent.

7. AI-Assisted Content

Your website may include content generated with AI tools (such as Google Gemini). This includes website copy, descriptions, and in some cases images when professional photography is not available.

AI-generated content is reviewed for accuracy, but we do not guarantee it is error-free. You are responsible for reviewing your website before it goes live and notifying us of any inaccuracies. We provide a preview of your site before publishing specifically for this purpose.

We do not use AI to generate fake reviews, fabricated testimonials, or false endorsements. Featured reviews displayed on your site are sourced from real review platforms (Google, Yelp) and attributed to their original authors and platform. First-party testimonials from your previous website are attributed to the original author and treated as client-provided content (see Section 3A.4).

Preview sites use AI-generated images and stock photography. We do not use photos from your existing website on preview sites. After you subscribe, you may upload your own photos or authorize us to source photos on your behalf.

8. Your Responsibilities

• Provide accurate business information. We build your site based on what you tell us and what we can find publicly. If something is wrong, let us know.
• Review your site preview before approving it for publication.
• Ensure that any content you provide (photos, text, logos) does not infringe on third-party intellectual property rights.
• Keep your contact information and payment method current.
• Do not use your website for any illegal purpose, to distribute malware, to promote violence or discrimination, or to host content that violates applicable law.
• Review your site content for accuracy before approving it for publication.
• Ensure that any photos, logos, or text you provide do not infringe on third-party intellectual property rights.

9. Acceptable Use

You agree not to use ZiaMade's services to:

• Host content that is unlawful, defamatory, fraudulent, obscene, or harmful.
• Infringe on the intellectual property rights of others.
• Distribute spam, malware, or phishing content.
• Attempt to gain unauthorized access to our systems or other users' accounts.
• Use the website to collect personal data from visitors without appropriate disclosure.
• Resell, sublicense, or redistribute our services without written permission.

We reserve the right to suspend or terminate your website if we determine, in our reasonable judgment, that you have violated this acceptable use policy. We will notify you before taking action except in cases requiring immediate response (such as malware distribution or legal compliance).

10. Service Availability

We use Cloudflare's infrastructure to host your website, which provides high availability and global distribution. However, we do not guarantee 100% uptime. Websites may be temporarily unavailable due to maintenance, infrastructure issues, or circumstances beyond our control.

We are not responsible for downtime caused by Cloudflare outages, internet service disruptions, DNS propagation delays, or force majeure events (natural disasters, government actions, pandemics, wars, or other events outside our reasonable control).

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• Our total liability to you for any and all claims arising from or related to these Terms or your use of the service is limited to the total fees you have paid to ZiaMade in the 12 months immediately preceding the claim.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business, loss of data, or business interruption, regardless of the theory of liability.
• We are not liable for damages arising from your reliance on AI-generated content that you did not review or correct before publication.

These limitations apply even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Disclaimer of Warranties

The service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the service will be uninterrupted, error-free, or secure, that defects will be corrected, or that the service will meet your specific requirements or expectations. We do not warrant any specific search engine ranking, website traffic, or business results.

13. Indemnification

You agree to indemnify, defend, and hold harmless ZiaMade and its owner, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your breach of these Terms.
• Content you provide that infringes third-party rights.
• Your use of the website in violation of applicable law.
• Any dispute between you and a third party related to your website content.

14. Dispute Resolution

14.1 Informal Resolution First

Before filing any formal proceeding, you agree to try to resolve the dispute informally by contacting us at alex@ziamade.com. We will try to resolve the dispute within 30 days. Most issues can be worked out with a conversation.

14.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or your use of the service will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in Bernalillo County, New Mexico, or remotely at your election. The arbitrator's decision is final and binding.

14.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis only. You waive the right to participate in a class action, collective action, or representative proceeding.

14.4 Arbitration Opt-Out

You have the right to opt out of binding arbitration within 30 days of subscribing by sending written notice to alex@ziamade.com with the subject line "Arbitration Opt-Out." If you opt out, disputes will be resolved in the state or federal courts located in Bernalillo County, New Mexico.

14.5 Small Claims Exception

Either party may bring an individual action in small claims court in Bernalillo County, New Mexico (or the county where you reside) instead of arbitration, provided the claim qualifies for small claims court.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law principles.

16. Termination

You may terminate your subscription at any time as described in Section 5. We may terminate or suspend your access to the service immediately, without prior notice, if:

• You breach these Terms (including the acceptable use policy).
• We are required to do so by law or a court order.
• Your account has been inactive and in payment default for more than 60 days.

Upon termination by us for cause, we are not obligated to provide a refund for the current billing period. Your right to request a content export (Section 6.3) survives termination for 30 days.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ZiaMade regarding the service. They supersede all prior agreements, understandings, or representations.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court or arbitrator, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.3 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer your subscription or these Terms without our written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets, provided the assignee agrees to honor these Terms.

18. Contact Us

If you have questions about these Terms, contact us at: