Terms of Service

1. Acceptance of these Terms

By creating an account, clicking to accept, or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization. You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service.

2. Accounts

• You are responsible for the accuracy of the information you provide and for all activity under your account.
• You are responsible for safeguarding your login credentials and for promptly notifying us of any unauthorized use.
• We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security or legal risk.

3. Acceptable use

You agree not to use the Service to create, host, or distribute:

• illegal content or content that facilitates illegal activity;
• phishing, fraud, scams, or sites that impersonate another person or brand to deceive;
• spam, malware, or content that harms or deceives visitors;
• content that infringes intellectual-property rights, violates privacy, or is defamatory, harassing, or hateful;
• sexually explicit content involving minors, or any content that sexualizes minors.

You also agree not to probe, scan, or test the vulnerability of the Service, circumvent its access controls, or interfere with its normal operation. We may remove content or sites and suspend accounts that breach this section. The detailed rules, our enforcement steps, and how to report a violation are in our Acceptable Use Policy, which is part of these Terms.

4. AI usage and fair use

The Service uses artificial intelligence (including a live voice interface) to help you create and edit your website. Paid plans include a bundled allowance of AI usage intended to cover normal website creation and ongoing updates by a single user or small team.

• Normal use is included. Conversational editing, generating and revising pages, and routine updates are covered by your plan at no additional charge.
• Abusive or automated use may be limited. Usage that is abusive, automated (for example, scripted or programmatic calls against the AI), or at an agency / reseller scale beyond a single customer’s normal needs may be subject to soft rate limits (temporary slowdowns) so that the Service stays available and affordable for everyone. We will aim to apply such limits as graceful slowdowns rather than hard cutoffs.
• If your needs consistently exceed the fair-use allowance, we may contact you about an appropriate plan.

5. Free trial, plans, and published sites

• Free trial. New accounts may receive a time-limited free trial (currently 14 days), limited to one per person or organization. During the trial you may use the Service to build and edit a site and to configure a custom domain, but you may not publish. Trial length, eligibility, and included features may change.
• There is no free tier. Publishing a site requires an active paid subscription. If your subscription is not active (including after a trial ends, a cancellation takes effect, or a payment fails), you may not publish, and a custom domain you have configured will not serve your site.
• Paid plans. Paid plans unlock publishing, custom domains, and the bundled AI allowance described in Section 4, subject to these Terms. Sites we publish for you display a Ambermark badge or attribution. No plan removes it, and there is no separate option to hide it.
• Domain registrations. Domains you register through the Service are charged separately from your subscription and are subject to the registrar’s and registry’s own terms and to ICANN policy. If we ever offer a plan or promotion that includes a domain registration, that offer will state its own limits (such as eligible extensions, one registration per account, and the first registration period only); renewals are always charged separately.

6. Your content and the hosting license

You retain ownership of the content you provide or create with the Service (your “Content”), including text, images, and the structure of your site. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for technical purposes such as formatting and resizing), publish, and display your Content solely to operate and provide the Service — including hosting and serving your published site to its visitors. This license ends when you delete the Content or your account, except for residual copies in routine backups and as required by law.

You represent that you have the rights necessary to grant this license and that your Content does not violate Section 3.

7. Copyright and trademark complaints (DMCA)

We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content hosted through the Service infringes your copyright, send a notice to our designated agent at support@ambermark.ai or by mail to Ambermark, Inc., Attn: Copyright Agent, 954 Lexington Ave #2003, New York NY 10021. Your notice must include:

• identification of the copyrighted work you claim is infringed;
• the URL or other location of the material you claim is infringing;
• your name, address, telephone number, and email address;
• a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law;
• a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf;
• your physical or electronic signature.

On receipt of a compliant notice we will remove or disable access to the identified material. We may terminate the accounts of repeat infringers. If you believe material of yours was removed in error, contact us at support@ambermark.ai and we will review.

Trademark complaints follow the same channel: send the same identifying information (your mark, its registration or basis, the infringing URL, and your contact details and signature) to the agent above, and we will review and act on legitimate complaints, including removing infringing content.

8. AI output disclaimer

The Service uses AI to generate and edit website content based on your instructions. AI output can be inaccurate, incomplete, or unsuitable for your purpose, and similar prompts may produce similar output for other users. You are responsible for reviewing AI-generated content before publishing it and for ensuring it is accurate, lawful, and does not infringe third-party rights. We make no warranty that AI output is original, error-free, or fit for any particular purpose. See Section 12 (Disclaimers) and Section 13 (Limitation of liability).

9. Billing, refunds, and cancellation

• Paid plans are billed in advance on a recurring basis (for example, monthly or annually) through our third-party payment processor. By subscribing, you authorize recurring charges until you cancel.
• If you add a payment method during a free trial, your subscription begins and the first charge is made when the trial ends, unless you cancel first. You may also choose to end your trial early and start paying immediately in order to publish.
• You can cancel at any time; cancellation takes effect at the end of the current billing period, and you retain paid features until then.
• 30-day money-back guarantee. If you are not satisfied, you may request a full refund of the subscription fees you have paid within 30 days of your first payment — no questions asked. The 30-day period starts on the date of your first subscription charge (for example, when a trial converts to a paid plan, or when you subscribe after a trial). We will refund the subscription amounts you paid, cancel your subscription, and end your access to paid features.
• Domain registrations and renewals are not refundable. Amounts paid to register or renew a domain are non-refundable, because we incur a real registration cost with the registrar on your behalf and you keep the domain. Domain registration and renewal fees are charged at cost — we pass through the registrar’s price without a markup — and we collect payment before we place a registration with the registrar. Renewals are billed to your payment method at the renewal price disclosed at purchase. If a plan or promotion included a domain registration at no additional charge (such as the first domain with an annual plan), that free registration covers the first registration period only; renewals are charged at the renewal price, and the registration fee we paid for that free domain is deducted from any money-back refund — the domain remains yours.
• Outside the 30-day window, and except where required by law, fees are non-refundable and we do not provide refunds or credits for partial periods. Nothing in this section limits any non-waivable refund or cancellation right you have under the consumer-protection law of your jurisdiction.
• We may change prices on prospective notice; changes do not affect the current paid period.

10. Live AI-designer calls — always-on recording; screen awareness on editing calls

The central feature of the Service is a live call with an AI website designer. Recording is a core, mandatory function of every live call, and screen awareness is a core, mandatory function of every website-editing call; neither can be turned off. When you start a call:

• Calls are recorded. Your microphone audio is captured, streamed, recorded, and transcribed. Recording is automatic on every call and you cannot turn it off. If recording fails for a technical reason, the call may continue without a stored recording — do not rely on the recording existing.
• On website-editing calls, the designer sees your screen. So the AI can follow along and edit with you, the Service continuously captures the content and structure of the page you are working on, and any screen or window you choose to share, for the duration of the call. The initial intake call — the voice conversation that gathers your brief before your site exists — is voice-only: it is recorded and transcribed like any other call, but no page or screen is captured on it.
• These functions cannot be disabled. There is no in-product setting to turn off recording on any call, or screen awareness on a website-editing call. If you do not want a call recorded, or your page observed on an editing call, do not start a call — you can still use the non-call editing surfaces of the Service.

When you start a call, the Service shows a notice that the call is recorded and may be reviewed by people, with a link to our Privacy Policy. Your acceptance of these Terms and the Privacy Policy, together with that in-product notice and your act of starting the call, constitute your consent to this recording, capture, and processing by us and by the third-party AI providers described in the Privacy Policy.

Notice for calls that may be overheard by others. You are responsible for your surroundings and for anyone else whose voice, image, screen, or information may be captured during your call. If another person can be heard or seen, or their information appears on your screen, you represent that you have their consent to the recording and capture where such consent is required — including in U.S. states that require all parties to a communication to consent to its recording, and in other jurisdictions with similar rules. Do not bring third parties or their personal information into a call without the notice or consent the law requires.

11. Termination

You may stop using the Service at any time. If you are your organization’s owner, you can permanently delete the organization and its data from the Settings → Data page (typed confirmation required); deletion and the best-effort removal of your sign-in identity work as described in the Privacy Policy, and you can always contact us to complete a deletion. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users. On termination, your right to use the Service ends; Sections that by their nature should survive (including content licenses for residual backups, disclaimers, limitations of liability, and governing law) survive.

12. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that AI output will meet your requirements.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100. Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you; in that case our liability is limited to the greatest extent permitted by law.

14. Indemnification

You will defend, indemnify, and hold harmless Ambermark, Inc. and its officers, directors, employees, and agents from and against any claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your Content, your sites, your use of the Service in violation of these Terms, or your violation of any law or third-party right.

15. Governing law and venue

These Terms are governed by the laws of the State of New York, United States, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be brought exclusively in the state or federal courts located in New York County, New York, and each party consents to personal jurisdiction and venue there. Nothing in this section prevents either party from seeking relief in small-claims court or limits any non-waivable right to bring claims in your local courts.

16. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date and may require you to re-accept the Terms on your next login. Your continued use of the Service after changes take effect constitutes acceptance.

17. Contact

Questions about these Terms? Contact us at support@ambermark.ai.

To report abuse or content concerns, contact abuse@ambermark.ai.

Ambermark, Inc., 954 Lexington Ave #2003, New York NY 10021.