The AI Website Terms of Service and End User License Agreement (EULA) (the "Terms") govern your access to and use of the AI Website Builder service, including the AI-powered website generation tools, website editor, and website hosting made available through TemplateMonster (the "Service"). These Terms apply in addition to the TemplateMonster Terms of Use and Privacy Policy. In the event of a conflict between these Terms and the general Terms of Use with respect to the Service, these Terms shall prevail.

By purchasing a subscription to the Service, starting a trial, or otherwise accessing or using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree with any provision of these Terms, you must not use the Service.

2. Service Description

The Service is a website building and hosting solution that uses artificial intelligence to generate websites, content, and design elements. The underlying website builder, AI-powered tools, and hosting infrastructure are developed, maintained, and operated by our third-party technology provider (the "Licensor"). The Service is provided to you on a hosted, software-as-a-service basis: all websites created through the Service are deployed and operated on the Licensor's infrastructure.

You do not acquire any ownership rights in the underlying technology, software, infrastructure, or intellectual property of the Service. The Licensor reserves the right to update, modify, or improve the Service from time to time, provided that such changes do not materially degrade the Service.

3. Subscription, Trials, and Billing

3.1. Subscription

The Service is provided on a subscription basis. The available subscription plans, their features, included usage allowances (including the number of websites and AI-powered actions such as AI website generations and AI-assisted edits), and prices are specified on the Service pages at the time of purchase. We reserve the right to change subscription plans and prices; such changes take effect for subsequent billing periods and do not affect the current paid period.

3.2. Trial Websites

We may offer you the ability to create a trial website to evaluate the Service. Unless otherwise stated at the time the trial is offered, a trial website is available for 3 (three) calendar days and automatically expires and is deleted at the end of the trial period unless you convert it to a paid subscription before the trial expires.

3.3. Payments

Payments for the Service are processed by TemplateMonster in accordance with the Payments and Fees section of the TemplateMonster Terms of Use.

3.4. Usage Limits

Your use of the Service is subject to the usage allowances of your subscription plan, including limits on the number of active websites, AI-powered actions, storage, and monthly visitors. If you exceed the allowances of your plan, we may offer you an upgrade to a higher plan or additional usage for an extra fee, or we may limit further consumption until the next billing period.

4. Cancellation and Refund Policy

4.1. Digital Nature Non-Refundability Standard

The Service is a subscription to non-tangible, irrevocable digital goods and services. Access to the Service, including the AI-powered website generation tools, the website editor, the hosting, and any AI-Generated Content, is granted to you immediately upon purchase. Accordingly, we do not issue refunds once your order is accomplished and you have received access to the Service. Refund requests are otherwise evaluated on an individual basis, at our sole discretion, in accordance with the TemplateMonster Refund Policy.

4.2. Automatic Renewal and Cancellation

Your subscription to the Service renews automatically. When the current subscription period expires, our system will automatically charge the applicable fee for the next period to your payment method, unless you cancel the subscription before the renewal date. You may cancel the subscription at any time in your TemplateMonster account; cancellation takes effect at the end of the current paid period, and you retain access to the Service until that period ends.

Cancellation prevents further renewals only. Fees already paid for the current subscription period, including a subscription period that has started as a result of an automatic renewal, are not refunded, and it is your responsibility to cancel the subscription before the renewal date if you do not wish to be charged for the next period.

4.3. Situations That Do Not Guarantee Reimbursement of Funds

For the avoidance of doubt, reimbursement of funds is not guaranteed, and refunds will not be granted, in the following situations:

a) you have changed your mind as for the subscription;
b) you have made an accidental purchase;
c) the Service, its features, or the websites created with it are beyond your range of skills;
d) goodwill requests;
e) a template, feature, or other item of your interest was removed from, or is no longer available in, the Service or on TemplateMonster;
f) as a subscriber, you failed to cancel the subscription before the renewal date in your TemplateMonster account and the subscription was automatically renewed;
g) your dissatisfaction is based on your expectations of the Service or of AI-Generated Content rather than on a factual misrepresentation of the Service;
h) the Service, or a website created with it, conflicts with or is incompatible with any third-party software, service, plugin, domain, or hosting environment;
i) your access to the Service has been suspended or terminated due to your breach of these Terms or of the Acceptable Use Policy set out in Section 7.

4.4. Payment Disputes

Before initiating a dispute or a chargeback with your bank or payment provider, please contact TemplateMonster billing support at billing@templatemonster.com so that we can attempt to resolve your concern directly. If you initiate a dispute, your account and the websites created through the Service may be temporarily suspended until the dispute is resolved.

5. Intellectual Property

All right, title, and interest in and to the Service platform technology, software, algorithms, user interfaces, and documentation remain the exclusive property of the Licensor and its licensors. Subject to your compliance with these Terms and payment of the applicable fees, you receive a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service solely for your internal business purposes during your subscription period.

You shall not, and shall not permit any third party to:

a) reverse engineer, decompile, disassemble, or otherwise attempt to reconstruct or discover the source code, underlying algorithms, or architecture of the Service or any component thereof;
b) copy, modify, translate, adapt, or prepare derivative works based upon the Service or any component thereof (other than the websites and content you create through the intended functionality of the Service);
c) remove, alter, or obscure any proprietary notices contained in the Service, including notices visible only in source code or metadata.

6. Your Content and Data

You retain ownership of all content and data that you create, upload, or generate through the Service, including texts, images, media, and other materials incorporated into your websites ("Customer Content"). You grant TemplateMonster and the Licensor a non-exclusive, worldwide, royalty-free license to host, store, process, reproduce, and display Customer Content solely to the extent necessary to provide, maintain, and improve the Service for you.

You are solely responsible for ensuring that your Customer Content, and its publication through the Service, does not violate any applicable laws or the rights of third parties, including intellectual property, privacy, and publicity rights. The Licensor reserves the right to remove or disable access to any content that violates the Acceptable Use Policy set out in Section 7.

7. Acceptable Use Policy

You shall not use the Service, and shall not permit any third party to use the Service, to:

a) engage in any illegal, fraudulent, or harmful activity, or promote such activity;
b) create, host, or distribute malware, spam, phishing content, or any other malicious or deceptive materials;
c) infringe, misappropriate, or violate the intellectual property or other rights of any third party;
d) interfere with, disrupt, or attempt to gain unauthorized access to the Service, its infrastructure, or the accounts or websites of other users;
e) consume resources in a manner that is excessive or degrades the Service for other users (including artificial traffic generation, crypto mining, or use of the hosting for purposes other than serving your websites);
f) resell, sublicense, or redistribute the Service or access to it without our prior written authorization.

We and the Licensor may suspend or terminate your access to the Service in case of a violation of this Acceptable Use Policy or applicable law. In the event that this Agreement is terminated by Templatemonster or the Licensor due to the User's material breach or violation of these Terms, the User shall forfeit any rights to a refund, credit, or reimbursement for any fees or payments made prior to the date of termination.

8. AI-Generated Content

The Service uses artificial intelligence to generate websites, content, texts, images, and design elements ("AI-Generated Content"). You acknowledge and agree that:

a) AI-Generated Content is produced algorithmically and may contain errors, inaccuracies, or content requiring human review and editing before publication;
b) AI-Generated Content is provided without any warranty as to its accuracy, completeness, originality, or fitness for any particular purpose, and neither we nor the Licensor guarantee that AI-Generated Content will be free from content that infringes or allegedly infringes third-party intellectual property rights;
c) you are solely responsible for reviewing, editing, and approving all AI-Generated Content before any publication or commercial use;
d) neither TemplateMonster nor the Licensor shall be liable for any claims, damages, or losses arising from your use, publication, or distribution of AI-Generated Content;
e) you shall indemnify TemplateMonster and the Licensor against any third-party claims arising from your publication of AI-Generated Content, including intellectual property infringement claims.

9. Warranties Disclaimer

THE SERVICE AND ALL AI-GENERATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER TEMPLATEMONSTER NOR ITS LICENSOR MAKES ANY WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER TEMPLATEMONSTER NOR ITS LICENSOR WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ALL ERRORS WILL BE CORRECTED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TEMPLATEMONSTER NOR ITS LICENSOR SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, REGARDLESS OF THE LEGAL THEORY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL AGGREGATE LIABILITY OF TEMPLATEMONSTER AND ITS LICENSOR ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS EXPRESSLY APPLY TO THE LICENSOR AS A THIRD-PARTY BENEFICIARY OF THESE TERMS.

11. Indemnification

You shall indemnify, defend, and hold harmless TemplateMonster and the Licensor, and their respective officers, directors, employees, and agents, from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your Customer Content, including AI-Generated Content you publish or distribute; or (c) your violation of these Terms or applicable law.

12. Termination and Data Export

We may suspend or terminate your access to the Service if you materially breach these Terms (including the Acceptable Use Policy) or fail to pay the applicable fees. You may cancel your subscription at any time; cancellation takes effect at the end of the current paid period, as set out in Section 4 (Cancellation and Refund Policy).

Following termination or expiration of your subscription, you will have a period of 30 (thirty) calendar days to export your Customer Content and data from the Service. Upon expiration of this data export period, your websites and data may be permanently deleted in accordance with the Licensor's data retention policies, and neither TemplateMonster nor the Licensor shall have any obligation to restore or re-provide them.

13. Data Privacy

In connection with the Service, we and the Licensor process personal data that you provide when registering for and using the Service, including your account information, the content of your websites, the inputs you submit to the AI tools, and usage data. The Licensor processes such data as our sub-processor solely for the purpose of providing the Service. Details of the personal data processing in connection with the Service are set out in the TemplateMonster Privacy Policy.

We and the Licensor comply with applicable data protection laws, including, where applicable, the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). You are responsible for complying with the data protection laws applicable to the personal data you collect through the websites you create with the Service, including publishing an appropriate privacy policy for your website visitors.

14. Third-Party Beneficiary

The Licensor is an intended third-party beneficiary of these Terms and is entitled to enforce directly against you the provisions of Section 5 (Intellectual Property), Section 7 (Acceptable Use Policy), Section 10 (Limitation of Liability), and Section 11 (Indemnification).

15. Export Restrictions

You may not use the Service, and may not make the Service or the websites created through it available, in or for the benefit of any country, territory, or region that is the target of comprehensive sanctions administered by the U.S. Government (including the Office of Foreign Assets Control of the U.S. Department of the Treasury), or to or for the benefit of any person or entity identified on any U.S. restricted-party list. You represent that you are not located in any such jurisdiction and are not such a person or entity.

16. Dispute Resolution, Arbitration, and Class Action Waiver

16.1. Mandatory Informal Negotiation First

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, you and the Service agree to first attempt to resolve the matter amicably. Before initiating any formal legal or arbitration proceeding, the initiating party must send a written "Notice of Dispute" to the other party describing the facts and the requested relief.

Both parties agree to engage in good-faith negotiations to resolve the dispute for a period of forty-five (45) days from the date the Notice of Dispute is received. Neither party may commence arbitration or court proceedings until this 45-day negotiation period has expired.

16.2. Binding Individual Arbitration

If the dispute cannot be resolved informally within the 45-day period, it shall be settled exclusively by binding arbitration in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted on an individual basis only, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

16.3. Class Action Waiver

YOU AND TEMPLATEMONSTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

16.4. Jurisdiction & Venue

For any ultimate judicial review of an arbitration award, or in the event that mandatory arbitration or the class action waiver is found inapplicable or unenforceable by a court of competent jurisdiction, you hereby agree and submit to the exclusive personal jurisdiction and venue of the state and federal courts located within the State of Florida.

16.5. Legal address

Jetimpex, Inc
525 NE 14th Avenue,
Fort Lauderdale,
FL 33301
legal[at]jetmonsters[dot]me

We reserve the right to change or modify these Terms without prior notice. The current version of these Terms is published on this page; your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.