Terms of Service

Effective 21 August 2026  ·  version 2026-08-21.2

These Terms govern how SiteYay works, what you pay, and what happens if you decide to stop. Sections 17 and 18 affect how disputes are resolved and include an arbitration agreement with a 30-day opt-out — please read them.

1. Acceptance of These Terms

These Terms of Service (“Terms”) govern your access to and use of SiteYay’s website-building, hosting, maintenance, support, preview, checkout, and related services (collectively, the “Services”). “SiteYay,” “we,” “us,” and “our” refer to the person or legal entity operating the SiteYay service. “Customer,” “you,” and “your” refer to the individual or business requesting or using the Services.

By submitting a website request, approving a website preview, selecting a paid plan, completing checkout, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you use the Services on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms.

You must be at least 18 years old and legally capable of entering into a binding contract to use the Services.

2. The SiteYay Preview Model

SiteYay may build a website preview before requiring payment. A preview is provided so you can evaluate the proposed website and decide whether to launch it with SiteYay.

Unless you affirmatively approve the website, select a paid billing option, accept any required checkout consent, and complete checkout, you are not charged for the preview. If you choose not to launch, you owe nothing for the preview itself.

A preview is not a promise that every requested feature, integration, design change, or third-party service will be included. We may decline work that is unlawful, technically impractical, outside the Services, or inconsistent with these Terms.

3. Launch, Plans, and Automatic Renewal

If you approve your website and choose to launch with SiteYay, the current standard billing options are $97 per month or $970 per year. The annual option reflects ten months of the monthly price.

Paid subscriptions automatically renew at the selected monthly or annual interval until canceled. By completing checkout, you authorize SiteYay and its payment processor to charge the payment method on file for recurring fees and any separately authorized charges.

Prices and plan details may change for future billing periods. If we materially change the recurring price of your active subscription, we will provide notice as required by applicable law before the change takes effect.

Payments are processed by Stripe or another third-party payment processor. Your use of payment-processing services may also be subject to that provider’s terms and privacy practices.

4. Cancellation, Failed Payments, and Refunds

You may cancel future renewal by contacting support@siteyay.com or through any self-service cancellation method SiteYay makes available. Unless applicable law requires otherwise, cancellation takes effect at the end of the billing period already paid for, and access to the hosted website and related Services may end at that time. We’ll confirm cancellations in writing so you have a record.

Except where required by law or expressly agreed by SiteYay in writing, fees already paid are non-refundable and are not prorated for partial billing periods.

If a payment fails, is reversed, or becomes past due, we may retry the charge, request an updated payment method, limit support, suspend the website, or terminate the Services after reasonable notice where required by law. Suspension does not waive amounts already due.

If a recurring payment fails, you have a 7-day grace period to resolve it before your hosting and service may be suspended. We’ll try to reach you first, and our payment processor may automatically retry the charge during that time. Suspension is not automatic or instant — a person reviews it.

We provide a 14-day migration window after your service ends if you’d like to move your website or services elsewhere. During that window we’ll help with the practical steps — pointing your domain somewhere new, handing over the content and images you provided, and so on. We don’t automatically delete websites, remove DNS records, transfer domains, or erase your data; anything like that is a deliberate step taken by a person, and we’ll tell you before it happens.

5. What the Managed Service Includes

The Services may include website hosting, SSL/TLS, mobile-responsive presentation, routine maintenance, reasonable content updates, and support, as described on the SiteYay website or in a written order or proposal.

Unless we expressly agree otherwise in writing, the Services do not include unlimited redesigns, custom software development, paid advertising, third-party subscription fees, advanced integrations, legal or compliance services, professional copywriting, professional photography, or other work materially outside routine website management.

We may use employees, contractors, automated tools, and third-party service providers to perform the Services, provided that SiteYay remains responsible for its contractual obligations to you.

6. Customer Content and Responsibilities

You retain ownership of the text, photographs, logos, trademarks, videos, data, and other materials that you provide to us or direct us to use (“Customer Content”). You grant SiteYay a non-exclusive, worldwide, royalty-free license to host, reproduce, modify, format, display, transmit, and otherwise use Customer Content solely as reasonably necessary to build, operate, maintain, market with your permission, and support your website and the Services.

You represent and warrant that you have the rights and permissions necessary for us to use Customer Content as directed, and that Customer Content does not infringe intellectual-property, privacy, publicity, or other rights; violate law; contain malware; or mislead users in a material way.

You are responsible for the accuracy and legality of your business claims, pricing, disclosures, licenses, regulated-industry statements, accessibility obligations applicable to your business, and any information you instruct SiteYay to publish. SiteYay does not provide legal, tax, accounting, medical, financial, or other regulated professional advice.

7. Domains and Third-Party Services

Your domain belongs to you. If you already have one, it stays yours. If you need one, we’ll help you get set up and explain how it works before you launch. While your SiteYay service is active we may manage the DNS and configuration on your behalf so the website works properly — that’s a convenience, not a transfer of ownership. The domain remains registered to you and under your control, and you can move it whenever you want.

If SiteYay assists with domain configuration, DNS, email, analytics, payment processing, forms, maps, fonts, hosting infrastructure, or other third-party services, those services may be governed by separate third-party terms.

We are not responsible for outages, policy changes, account suspensions, price changes, data loss, security incidents, or other acts or omissions of third-party providers that are outside our reasonable control. We may replace a third-party provider with a reasonably comparable provider when necessary to operate the Services.

You are responsible for maintaining accurate ownership and contact information for third-party accounts that belong to you and for promptly providing access reasonably required for us to perform the Services.

8. SiteYay Technology, Templates, and Website Rights

Customer Content remains yours. SiteYay and its licensors retain all rights in SiteYay’s pre-existing and reusable software, code, templates, components, design systems, processes, prompts, utilities, know-how, documentation, and other technology (“SiteYay Materials”), including improvements and derivatives that are not uniquely your Customer Content.

During an active paid subscription, SiteYay grants you a limited, non-exclusive, non-transferable right to use the website as hosted and managed through the Services for your business purposes.

Unless SiteYay expressly agrees in writing to a separate transfer or buyout, cancellation or termination does not require SiteYay to provide source code, editable design files, reusable components, internal tools, or a transferable copy of SiteYay Materials. We will not claim ownership of your Customer Content merely because it was incorporated into the website.

Nothing in these Terms prevents SiteYay from using general skills, concepts, techniques, and non-confidential know-how learned while providing the Services.

9. Feedback and Portfolio Use

If you voluntarily provide ideas, suggestions, or feedback about SiteYay, you grant us permission to use that feedback without restriction or compensation, provided we do not publicly disclose your confidential information.

Unless you ask us not to, SiteYay may identify your business as a customer and display publicly available screenshots or links to the completed website in SiteYay’s portfolio, case studies, or marketing. We will not publicly disclose non-public business information without permission. To opt out, email support@siteyay.com.

10. Acceptable Use

You may not use the Services to violate law; infringe rights; distribute malware; conduct phishing, fraud, deceptive practices, or unlawful surveillance; promote illegal goods or services; interfere with the security or operation of the Services; attempt unauthorized access; or use the Services in a manner that creates unreasonable technical or legal risk for SiteYay or third parties.

We may refuse, suspend, or remove content or Services when we reasonably believe such action is necessary to address security, legal, abuse, intellectual-property, or platform-integrity concerns.

11. Confidentiality

Each party may receive non-public information from the other that a reasonable person would understand to be confidential. The receiving party will use confidential information only as reasonably necessary to perform or receive the Services and will protect it using reasonable care.

Confidential information does not include information that is publicly available through no breach of these Terms, was already lawfully known without confidentiality restrictions, is received lawfully from a third party without confidentiality duties, or is independently developed without use of the other party’s confidential information.

A party may disclose confidential information when required by law, subpoena, or court order, subject to legally permitted notice to the other party.

12. Service Availability and Changes

We aim to provide reliable Services but do not guarantee uninterrupted or error-free operation. Maintenance, security work, internet failures, third-party outages, force majeure events, and other conditions may temporarily affect availability.

We may modify, replace, or discontinue features when reasonably necessary to improve, secure, maintain, or comply with law regarding the Services. We will use commercially reasonable efforts to avoid materially reducing the core paid website-hosting service during an active billing period without notice.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, WEBSITE PREVIEWS, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SITEYAY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT A WARRANTY CANNOT LAWFULLY BE DISCLAIMED.

SITEYAY DOES NOT GUARANTEE SEARCH-ENGINE RANKINGS, LEADS, SALES, REVENUE, TRAFFIC, CONVERSION RATES, UPTIME, PLATFORM APPROVAL, ACCESSIBILITY COMPLIANCE, LEGAL COMPLIANCE, OR ANY PARTICULAR BUSINESS RESULT.

Nothing in these Terms excludes any warranty, right, or remedy that cannot legally be excluded or limited under applicable consumer-protection law.

14. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless SiteYay and its owners, affiliates, personnel, contractors, and service providers from third-party claims, damages, losses, liabilities, judgments, costs, and reasonable attorneys’ fees arising from or relating to: (a) Customer Content; (b) your products, services, business practices, or representations; (c) your violation of law or third-party rights; or (d) your material breach of these Terms.

This obligation does not apply to the extent a claim results from SiteYay’s own gross negligence, willful misconduct, or infringement caused solely by SiteYay Materials that you did not direct us to use.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SITEYAY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE TOTAL FEES YOU PAID TO SITEYAY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The exclusions and limitations in this section do not apply where prohibited by law and do not limit liability that cannot legally be limited, including liability for fraud or willful misconduct where applicable.

16. Informal Dispute Resolution

Before filing arbitration or a lawsuit (other than an eligible small-claims matter or a request for emergency injunctive relief), the complaining party must send a written notice describing the dispute and requested relief. Notices to SiteYay must be sent to support@siteyay.com with the subject line “Legal Dispute Notice.” The parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days after receipt of the notice.

Any applicable limitations period is tolled during this 30-day informal-resolution period to the extent permitted by law.

17. Binding Individual Arbitration and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO GO TO COURT.

Except for disputes eligible for small-claims court, claims seeking emergency injunctive relief, and disputes that applicable law does not permit to be arbitrated, any dispute arising out of or relating to these Terms or the Services that is not resolved through the informal process above will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules then in effect, as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

The arbitrator may award the same individual remedies that a court could award, subject to these Terms and applicable law. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

YOU AND SITEYAY AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE-ATTORNEY-GENERAL ACTION, TO THE EXTENT PERMITTED BY LAW. Unless both parties agree otherwise, the arbitrator may not consolidate the claims of more than one person or preside over any form of representative or class proceeding.

You may opt out of this arbitration agreement by emailing support@siteyay.com within thirty (30) days after you first become bound by these Terms. Your opt-out notice must include your name, business name (if applicable), email address, and a clear statement that you are opting out of the arbitration agreement. Opting out of arbitration does not affect any other provision of these Terms.

18. Governing Law and Court Venue

These Terms and any dispute not subject to arbitration are governed by the laws of the State of Arizona, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs Section 17.

Subject to Section 17 and any applicable law that requires otherwise, the state and federal courts located in Maricopa County, Arizona will have exclusive jurisdiction over disputes that are properly brought in court, and each party consents to personal jurisdiction and venue in those courts.

Nothing in this section waives any non-waivable rights or protections available to you under the law of your state or country of residence.

19. Suspension and Termination

You may stop using the Services at any time, subject to the cancellation and payment provisions above. SiteYay may suspend or terminate the Services for material breach, nonpayment, unlawful use, security risk, abuse, or when continuing to provide the Services would create material legal or technical risk.

Where reasonable and legally permitted, we will provide notice and an opportunity to cure before termination for a remediable breach. We may act immediately when necessary to address fraud, security threats, unlawful activity, or urgent harm.

Sections that by their nature should survive termination — including payment obligations, intellectual-property provisions, disclaimers, indemnification, liability limitations, dispute provisions, and miscellaneous terms — will survive.

20. Changes to These Terms

We may update these Terms from time to time. If we make a material change that affects an active paid subscription, we will provide notice through the website, email, or another reasonable method before the change becomes effective when required by law.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms, except where applicable law requires a different form of consent.

21. Electronic Communications

You agree that SiteYay may provide notices, confirmations, receipts, service communications, and other records electronically, including by email and through the Services. You are responsible for maintaining a current email address with us.

Legal notices to SiteYay under these Terms should be sent to support@siteyay.com unless these Terms specify another method.

22. Miscellaneous

These Terms, together with any incorporated policies and any written order or agreement expressly accepted by both parties, constitute the entire agreement regarding the Services and supersede prior discussions concerning the same subject matter.

If a provision is held unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without SiteYay’s written consent, except in connection with a bona fide sale or reorganization of your business where the assignee agrees to these Terms. SiteYay may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of all or substantially all relevant assets.

Headings are for convenience only. The words “including” and “includes” mean “including without limitation.”

23. Contact

Questions about these Terms or the Services may be sent to support@siteyay.com.