Terms of Use

1. Agreement to Terms

These Terms of Use and Service Terms ("Terms") govern your access to and use of the PowerUp Sites website located at powerupsites.com (the "Website") and the services provided by PowerUp Sites ("PowerUp Sites," "we," "us," or "our"), including subscription website services (the "Services"). By accessing the Website, submitting information through any form, requesting Services, or purchasing a subscription, you agree to be bound by these Terms. If you do not agree, do not use the Website or Services.

1.1 Binding Agreement.

By using the Website or Services, you confirm that you have read, understood, and agree to these Terms.

1.2 Updates.

We may update these Terms from time to time. The updated Terms will be posted on the Website with an updated effective date. Your continued use of the Website or Services after changes are posted constitutes acceptance of the updated Terms.

1.3 Authority.

If you are using the Services on behalf of a business or another person, you represent that you have authority to bind that entity to these Terms.

2. Services

2.1 Services Overview.

PowerUp Sites provides subscription-based website and related digital services, which may include website design and development, hosting, maintenance, updates, SEO setup, branding assets, landing pages, and support.

2.2 Plan Descriptions.

Plan features, limitations, and inclusions are described on our Website and/or in a written service agreement, invoice, order confirmation, or other written confirmation (collectively, your "Service Agreement"). If there is a conflict between these Terms and a Service Agreement, the Service Agreement controls.

2.3 No Guarantee of Outcomes.

We do not guarantee any business outcomes, including increased leads, sales, revenue, rankings, traffic, conversion rates, or specific performance results.

3. User Obligations

You agree to:

• Provide accurate, current, and complete information when submitting forms or using our Services;
• Provide timely access and materials reasonably required to perform the Services (for example: domain/DNS access, third-party account access, logo files, copy, images, approvals);
• Use the Website and Services only for lawful purposes;
• Not interfere with or disrupt the Website or Services;
• Not attempt to gain unauthorized access to any portion of the Website or Services;
• Not transmit any harmful code, viruses, or malicious software.

4. Payment Terms

4.1 Subscription Billing.

Services are billed on a recurring subscription basis as described in your Service Agreement.

4.2 Taxes.

Applicable taxes may apply and will be added where required.

4.3 Non-Payment; Suspension.

If payment is not received when due, we may pause work, suspend Services, restrict access, and/or withhold deliverables until amounts due are paid.

4.4 Price Changes.

We may change pricing for renewals by providing reasonable notice. Any price change applies prospectively.

5. Cancellation and Refunds

5.1 Cancellation.

You may cancel your subscription at any time by providing written notice to:

5.2 Effective Date.

Cancellation is effective at the end of your current billing period unless otherwise agreed in writing.

5.3 Refunds.

Refunds, if any, are at our sole discretion unless required by law. Generally, we do not provide refunds for partial billing periods.

6. Change Requests and Monthly Change Allotment

This section defines what constitutes a "Change" and how your monthly changes work.

6.1 Monthly Reset; No Rollover.

Any included monthly changes reset each billing month. Unused changes do not roll over, accumulate, bank, or carry forward to future months.

6.2 Definition of a "Change"

A "Change" is one discrete update request that requires our team to perform a single unit of work to modify an existing website. A Change is intended to cover minor, routine edits. Each Change must be submitted as one request and is evaluated by us in good faith based on scope, complexity, and effort.

6.3 Examples of One (1) Change

• Replace one image in one location (for example: swap the homepage hero image).
• Edit, revise, or rewrite text within one section of a page.
• Add a small block of text to an existing section.
• Update one call-to-action label, button link, or one hyperlink destination.
• Update a single business detail sitewide when it is the same field replicated.
• Add one testimonial, one FAQ item, or one small content element to an existing page.
• Minor layout adjustment to an existing section.
• Replace one file download link or update one embedded map location.

6.4 What Counts as Multiple Changes

To keep monthly changes predictable and fair, the following count as multiple Changes: multiple distinct tasks in one message (each task counts separately); multiple assets (each image, video, or file replacement counts as its own Change); multiple pages (same type of edit across multiple pages counts as a Change per page); multiple sections that are not tightly related; multi-step or multi-part requests.

6.5 Requests Outside the Monthly Change Allotment

Some work is not considered a Change and may require a separate quote, plan upgrade, or revised timeline. Examples include: new page creation beyond plan limits, full-page redesigns, or significant restructuring; large copywriting projects; custom development; complex integrations or automation; emergency or after-hours work; work required due to third-party outages or client-added plugins/apps.

6.6 How to Submit Changes

Change requests must be submitted in writing (email or another written channel we designate). Each request must be clear and complete. If a request is unclear, we may ask questions before scheduling the work.

7. Project Workflow, Approvals, Launch, and Post-Launch Changes

7.1 Dependencies.

Our ability to deliver depends on timely access, approvals, and materials from you. Delays in providing required items may delay timelines.

7.2 Launch Approval and Acceptance.

A project is considered accepted when any of the following occur: (a) you approve the site in writing; (b) you request launch to your domain; or (c) the site goes live on your domain and you do not report any launch-blocking issues within a reasonable time.

7.3 Post-Launch Changes.

Once the website is live on your domain, any further edits you request are treated as Changes and count toward your monthly change allotment unless otherwise agreed in writing.

8. Stalled Projects and Client Unresponsiveness

8.1 Responsiveness Required.

You agree to respond to requests for information, access, approvals, and feedback in a timely manner.

8.2 Stalled Project.

A project may be considered stalled if you fail to respond or provide required items for fourteen (14) consecutive days after we have made reasonable attempts to contact you.

8.3 Pausing and Rescheduling.

If your project stalls, we may pause work and remove the project from the active queue. Resuming work may require refreshed materials, reconfirmation of scope, and a revised timeline.

8.4 Discontinuation.

If a project remains stalled due to client unresponsiveness, we may, at our discretion, discontinue the project and/or terminate Services. We are not responsible for delays or non-delivery resulting from missing access, incomplete information, or delayed approvals caused by you.

9. Client Content, Legal Compliance, and Responsibilities

9.1 Compliance Responsibility.

You are solely responsible for ensuring that your business, website content, products/services, policies, marketing claims, and customer interactions comply with all applicable laws, regulations, and guidelines in the jurisdictions where you operate.

9.2 No Legal Advice.

We provide website services and do not provide legal, regulatory, or compliance advice. You should obtain independent advice to confirm your website and business practices meet applicable requirements.

9.3 Content Rights and Warranties.

You represent and warrant that any text, images, logos, trademarks, videos, testimonials, and other materials you provide are owned by you or properly licensed, and do not infringe third-party rights or violate law.

9.4 Client Indemnity.

You agree to indemnify and hold us harmless from claims arising from your content, your business practices, or your failure to comply with applicable laws.

10. Ownership, Buyout Option, and Website Takedown

10.1 Ownership by Default.

Unless otherwise stated in a written Service Agreement, PowerUp Sites retains ownership of the website build, underlying structure, templates, and implementation produced as part of the subscription.

10.2 Domain Ownership.

If we register and pay for a domain on your behalf, that domain is owned by PowerUp Sites unless otherwise agreed in writing. If you register and control your domain independently, you retain ownership of your domain.

10.3 Client License During Active Subscription.

While your subscription is active and in good standing, we grant you a limited, revocable license to use the website for your business purposes.

10.4 Buyout Option.

If you cancel your Services and wish to retain the website, related deliverables, and/or a PowerUp-owned domain (if applicable), you may request a buyout. Buyout pricing, scope, and transferability are provided solely at our discretion and will be provided in writing if offered.

10.5 Outstanding Balances.

We may require all outstanding balances to be paid before providing any handover, export, or transfer materials.

10.6 Takedown for Non-Payment.

If your account becomes delinquent and remains unpaid, we may take the website offline within thirty (30) days of non-payment and suspend Services earlier during the delinquency period.

11. Portfolio and Marketing Use

Unless you request confidentiality in writing before launch, you grant us permission to display your completed website (including screenshots and your business name and logo) in our portfolio, case studies, and marketing materials.

12. Third-Party Services and Client-Added Applications

12.1 Third-Party Dependencies.

The Services may rely on third-party platforms and providers (for example: hosting providers, analytics providers, email providers, scheduling tools, payment processors, and other applications).

12.2 No Liability for Third Parties.

We are not responsible for third-party outages, suspensions, policy changes, pricing changes, data loss, security incidents, or performance issues caused by third parties.

12.3 Client-Added Apps and Services.

If you choose to add third-party applications or services to your website, you are responsible for all payments, renewals, monitoring, configuration decisions, compliance obligations, and account security for those services. We have no liability arising from your use of such third-party services.

13. Disclaimers: SEO, Analytics, Performance, and Security

13.1 SEO Disclaimer.

SEO outcomes are influenced by factors outside our control, including search engine algorithms and competition. We do not guarantee rankings, traffic, indexing timing, lead volume, or results.

13.2 Analytics Disclaimer.

Analytics and tracking tools may be blocked by browsers, ad blockers, consent settings, or platform changes. Data may be incomplete or delayed.

13.3 Performance Disclaimer.

Website performance may be affected by hosting conditions, third-party scripts, media size, user devices, internet conditions, and third-party services.

13.4 Security Disclaimer.

We use commercially reasonable measures; however, no system is perfectly secure. We do not guarantee that the Website or Services will be free from vulnerabilities, attacks, or unauthorized access.

14. Acceptable Use

You may not use the Website or Services to host or distribute malware, engage in unlawful activity, infringe third-party rights, or conduct deceptive practices. We may suspend or terminate Services for violations of this section.

15. Limitation of Liability

To the maximum extent permitted by law, PowerUp Sites will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, goodwill, or other intangible losses, arising from or related to your use of the Website or Services. Our total liability for any claims arising out of or relating to the Services will not exceed the total fees paid by you to PowerUp Sites in the twelve (12) months preceding the event giving rise to the claim. This limitation applies whether the claim is based in contract, tort, negligence, strict liability, or otherwise.

16. Warranties and Disclaimers

The Website and Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website or Services will be uninterrupted, secure, or error-free, or that defects will be corrected.

17. Indemnification

You agree to indemnify, defend, and hold harmless PowerUp Sites, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Website or Services, your violation of these Terms, your violation of any rights of another party, your content, or your use of third-party services.

18. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. Subject to applicable law, you agree that disputes arising from or relating to these Terms or the Services will be brought in the courts located in Ontario, Canada.

19. Severability

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

20. Entire Agreement

These Terms, together with any Service Agreement or other written agreements entered into between you and PowerUp Sites, constitute the entire agreement between you and PowerUp Sites regarding the use of the Website and Services.

21. Contact Information

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