Terms of Service

These Terms of Service (the "Terms") are a legal agreement between you and Sitepur (operated by Elicus Technologies Private Limited, GSTIN 08AAECE5283G1ZJ, D9/83, Chitrakoot Scheme, Vaishali Nagar, Jaipur 302021, Rajasthan, India) regarding your access to and use of the Sitepur website, dashboard, and related services at sitepur.com. Read these Terms with our Privacy Policy, our Cookie Policy, our Acceptable Use Policy, and our Refund and Cancellation Policy, each of which is incorporated into these Terms by reference.

1. Acceptance of these terms

By creating an account, purchasing a subscription, or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

• If you use the Service on behalf of a business, company, partnership, or other legal entity, you represent that you have the authority to bind that entity, and "you" and "your" in these Terms refer to both you and that entity.
• If you do not have that authority, or if you do not agree to these Terms, you must not accept them and must not use the Service.

2. Definitions

In these Terms, the following defined terms apply:

• Sitepur, we, us, and our mean the operator of the Service identified above.
• The Service means the Sitepur subscription website-as-a-service, including the design gallery, the copying of a chosen design into your account, hosting of the resulting static website, content editing tools, and related features we make available.
• Customer, you, and your mean the individual or entity that registers for or uses the Service.
• Your site means the website created for you when a design is copied into your account, together with the content you add to it and the address at which it is served.
• Subscription means the recurring monthly or annual plan you purchase to access and keep your site live.
• Merchant of record means the third-party reseller of record that processes payments, issues invoices, and collects and remits applicable taxes, VAT, and GST for your subscription.
• Content means text, images, logos, data, links, and other material that you upload, enter, generate through our tools, or otherwise provide for display on your site.

3. Eligibility

To use the Service, you represent and warrant that:

• you are at least 18 years of age;
• you have the legal capacity to enter into a binding contract;
• where you act for a business, you have authority to bind that business to these Terms; and
• you are not barred from receiving or using the Service under any law that applies to you, including applicable sanctions and export-control laws.

We may refuse, suspend, or terminate access where we reasonably believe an eligibility requirement is not met.

4. Your account

You must register an account to use the Service. You agree to:

• provide accurate, current, and complete registration details and keep them up to date;
• keep your login credentials confidential and not share them with any person who is not authorised to act for you;
• take reasonable steps to secure the devices and email accounts used to access the Service; and
• notify us through our contact form without undue delay if you become aware of any unauthorised use of your account or any other breach of security.

You are responsible for all activity that occurs under your account, whether or not you authorised it, except to the extent caused by our failure to meet our own obligations under applicable law.

5. The Service

Sitepur lets you select a design from a gallery of examples. When you subscribe, we copy that design into your account as a starting point for your site. The Service includes:

• a copy of the chosen design placed in your account;
• hosting of the resulting static website on infrastructure we operate or contract for;
• tools to edit the content of your site, including assisted content editing;
• an SSL certificate for your site's address, provided as part of the subscription; and
• hosting and SSL for the duration of an active subscription.

The gallery designs are examples. Placeholder text, images, and business details shown in a template are illustrative and remain placeholders until you replace them with your own content. You are responsible for reviewing your site and replacing all placeholder material before you rely on it or make it public.

6. Subscription, billing and renewals

Access to the Service requires a paid subscription. The following terms apply to billing:

• Plans. Subscriptions are offered on a monthly or annual basis at the prices shown at the time of purchase on our pricing and checkout pages.
• Pay first. You pay for the subscription before the Service is provided for the applicable billing period. There is no free trial.
• Merchant of record. Payments are processed by the merchant of record, which acts as the reseller of record for the transaction. Your purchase is also subject to the merchant of record's terms, and the merchant of record issues your invoice or receipt.
• Automatic renewal. Subscriptions renew automatically at the end of each billing period (monthly or annual) at the then-current price, using your stored payment method, until cancelled in accordance with Section 7. By subscribing, you authorise these recurring charges.
• Price changes. We may change subscription prices. We will give you prior notice of a price change before it applies to your next renewal. If you do not accept the new price, you may cancel before the renewal date, and the change will not take effect for you.
• Taxes. Prices may be shown with tax included or added separately depending on your location. Applicable taxes, VAT, and GST are calculated, collected, and remitted by the merchant of record and may be added to the price at checkout.
• Failed payments. If a renewal payment fails, we or the merchant of record may retry the charge. If payment cannot be collected, we may suspend or terminate your subscription in accordance with Section 12.

7. Refunds and cancellation

You may cancel your subscription at any time from your account dashboard. Cancellation stops future renewals. Unless required by applicable law or stated in our Refund and Cancellation Policy, cancellation does not, by itself, refund amounts already paid for the current billing period, and your site remains available until the end of the period you have paid for.

• We offer a 14-day money-back guarantee on your first purchase of a subscription, as described in the Refund and Cancellation Policy.
• Renewals and subsequent purchases are non-refundable except where required by applicable law or where our Refund and Cancellation Policy provides otherwise.

The full terms, timelines, and method for refunds and cancellation are set out in the Refund and Cancellation Policy, which forms part of these Terms.

8. Your content and responsibilities

You retain ownership of your content. You are responsible for the content you place on your site and for how you operate that site.

8.1 License to operate the Service

You grant Sitepur a worldwide, royalty-free license to host, store, reproduce, build, cache, adapt for technical formatting, and display your content, in each case only to the extent needed to provide, maintain, secure, and improve the Service and to serve your site to your visitors. This license is not granted to us on a sole basis, and it does not limit your right to use or license your content to others. This license lasts for as long as your content is stored on the Service and ends within a reasonable period after your content is deleted, subject to Section 12 and to backups retained in the ordinary course.

8.2 Your obligations for content

• You represent that you own your content or have all rights and permissions needed to use it and to grant the license above.
• You are responsible for the legality of your content and for ensuring it does not infringe the rights of any third party or breach any applicable law.
• You are responsible for your own site's legal notices, including any terms, privacy notice, and cookie or consent notices that your site must present to its visitors under the laws that apply to you and to them.
• You must use the Service only for lawful purposes and in accordance with the Acceptable Use Policy.

9. Intellectual property

The Service, including the Sitepur platform, software, source code, user interfaces, gallery, and the underlying template designs, together with all related intellectual property rights, is owned by or licensed to Sitepur. Nothing in these Terms transfers ownership of the Service or the template designs to you.

• License to you. For the term of your subscription, we grant you a limited, non-transferable, revocable license to use the Service and the copied design to create and operate your site for your own business. This license is not granted to you on a sole basis, and we may grant the same rights to others. This license ends when your subscription ends.
• Your content. You keep all ownership of your content. These Terms do not give us ownership of it.
• Feedback. If you send us suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction and without obligation to you.

10. Third-party services

The Service relies on third parties, which may include the merchant of record, hosting and content-delivery infrastructure providers, AI content providers used for content generation, analytics providers, and email delivery providers. Your use of features that depend on a third party may be subject to that third party's terms and policies in addition to these Terms.

We select our providers with reasonable care, but we do not control third parties and are not responsible or liable for their acts, omissions, availability, or failures, except to the extent required by applicable law.

11. Availability, maintenance and support

We will use commercially reasonable efforts to keep the Service and your site available and to provide support through our contact form.

• We may carry out planned maintenance and will aim to schedule work that is likely to cause disruption for periods of lower usage, with advance notice where practicable.
• We may also carry out emergency maintenance without notice where needed to protect the security or integrity of the Service.
• Unless we agree a specific service level with you separately and in writing, the Service is provided without any guaranteed uptime or response time.

12. Suspension and termination

12.1 Termination by you

You may stop using the Service and cancel your subscription at any time from your account dashboard, with effect as described in Section 7 and the Refund and Cancellation Policy.

12.2 Suspension or termination by us

We may suspend or terminate your access to the Service, in whole or in part, if:

• you materially breach these Terms or the Acceptable Use Policy;
• a payment due for your subscription is not received when due;
• we are required to do so by law or by a competent authority; or
• your use of the Service is unlawful or poses a security risk to the Service or others.

Where practicable and lawful, we will give you notice and an opportunity to correct a breach before suspending or terminating for that breach.

12.3 Effect of termination

On termination, your right to use the Service and the license in Section 9 end, and your site may be taken offline. Retention of your data on termination or suspension is handled as follows:

• Suspended customer sites and their content are retained and are not deleted during the suspension.
• A suspended site's content and static files are purged only after at least 90 days of continuous suspension and after written notice from us.
• You may request an export of your content before purge, in accordance with our Privacy Policy and applicable law.

Sections that by their nature should survive termination (including Sections 8.1, 9, 13, 14, 15, 16, 17, 21, and 23) continue to apply after these Terms end.

13. Disclaimers

To the maximum extent permitted by applicable law, the Service and your site are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that content generated by assisted editing tools will be accurate, lawful, or suitable for your purpose. You are responsible for reviewing and approving all content on your site. Nothing in this Section limits any warranty or right that cannot be excluded under applicable law, including mandatory consumer protection law.

14. Limitation of liability

To the maximum extent permitted by applicable law, and subject to the carve-outs below:

• neither party is liable for any indirect, incidental, special, consequential, or punitive loss, or for any loss of profits, revenue, goodwill, data, or business opportunity, arising out of or related to the Service, whether in contract, tort, or otherwise; and
• our total aggregate liability arising out of or related to the Service is limited to the total fees you paid to us for the Service in the 12 months immediately before the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or under mandatory consumer protection law such as the Consumer Protection Act, 2019 in India and equivalent rights in your jurisdiction.

15. Indemnification

You agree to indemnify, defend, and hold harmless Sitepur and its officers, employees, and agents from and against any claims, damages, liabilities, losses, and reasonable costs (including legal fees) that arise out of or relate to:

• your content, including any claim that it infringes a third party's rights or breaches any law;
• your use of the Service in breach of these Terms or the Acceptable Use Policy; and
• your breach of any representation, warranty, or obligation in these Terms.

We will notify you of any such claim, allow you to control its defence (subject to our right to participate with our own counsel), and provide reasonable cooperation. You may not settle a claim in a way that imposes any obligation or admission on us without our prior written consent.

16. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or the Service are governed by the laws of India, without regard to conflict-of-laws rules. Subject to Section 17, the courts at Jaipur, Rajasthan, India have sole jurisdiction over any dispute that is not resolved by arbitration.

If you use the Service from outside India, the mandatory consumer protection rights available to you under the law of your country of residence continue to apply to the extent they cannot be excluded by agreement. This Section does not deprive you of the protection of those mandatory local rules.

17. Dispute resolution and arbitration

Before starting formal proceedings, the parties will attempt in good faith to resolve any dispute by negotiation. To begin, send a written notice describing the dispute through our contact form at sitepur.com/contact. If the dispute is not resolved within 30 days of that notice, either party may refer it to arbitration.

• The arbitration will be conducted under the Arbitration and Conciliation Act, 1996, as amended.
• The seat and venue of arbitration will be Jaipur, Rajasthan, India.
• The arbitration will be conducted in the English language by a sole arbitrator.
• The arbitrator's award will be final and binding on the parties.

Nothing in this Section prevents either party from seeking interim or injunctive relief from a court of competent jurisdiction, or overrides mandatory consumer protection rights that require a different forum for consumers in their country of residence.

18. Grievance redressal

In accordance with the Information Technology Act, 2000 and the rules made under it, complaints about content or your use of the Service may be sent to our Grievance Officer:

• Name: [Grievance Officer Name]
• Contact: through our contact form at sitepur.com/contact
• Address: D9/83, Chitrakoot Scheme, Vaishali Nagar, Jaipur 302021, Rajasthan, India
• GSTIN: 08AAECE5283G1ZJ

We will acknowledge a complaint within 48 hours of receipt and will aim to resolve it within 15 days of receipt, or within the period required by applicable law, whichever is shorter. For data protection complaints, please also refer to the contacts in our Privacy Policy.

19. Changes to these terms

We may update these Terms from time to time to reflect changes to the Service, to our business, or to legal requirements. When we make a material change, we will update the "Last updated" date above and give you notice by a reasonable method, which may include email or a notice within the Service.

Changes take effect on the date stated in the notice. Your continued use of the Service after that date means you accept the updated Terms. If you do not agree to a change, you must stop using the Service and may cancel your subscription in accordance with Section 7.

20. Force majeure

We are not liable for any failure or delay in performing our obligations where the failure or delay results from events beyond our reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, civil unrest, acts of government or regulators, changes in law, labour disputes, failures of telecommunications or internet providers, failures of third-party infrastructure, cyber-attacks, and power outages. We will take reasonable steps to reduce the effect of the event and to resume performance.

21. Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the least degree needed to make it enforceable, or, if it cannot be modified, will be severed. The remaining provisions will continue in full force and effect.

22. Assignment

You may not assign, transfer, or delegate these Terms or any of your rights or obligations under them without our prior written consent. We may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganisation, or sale of assets, on notice to you. These Terms bind and benefit the parties and their permitted successors and assigns.

23. Entire agreement

These Terms, together with the Refund and Cancellation Policy, the Privacy Policy, the Cookie Policy, and the Acceptable Use Policy, are the entire agreement between you and Sitepur regarding the Service and replace all prior agreements and understandings on that subject. If there is a conflict between these Terms and a policy incorporated by reference, these Terms prevail unless the policy states otherwise for its subject matter. Our failure to enforce any provision is not a waiver of it.

24. Contact

You can reach us for general, support, privacy, data protection, legal, grievance, and copyright matters through our contact form at sitepur.com/contact.

Sitepur (operated by Elicus Technologies Private Limited, GSTIN 08AAECE5283G1ZJ, D9/83, Chitrakoot Scheme, Vaishali Nagar, Jaipur 302021, Rajasthan, India).