DRAFT FOR ATTORNEY REVIEW. This document was prepared as a starting point and is not legal advice and not a final agreement. It must be reviewed, corrected, and finalized by qualified legal counsel before use. Items in [BRACKETS] require your input. Do not publish as-is.
Last updated: [DATE]
These Terms of Service ("Terms") govern your access to and use of the Baumeister website-building and hosting platform, including the website builder, AI assistant, hosting, custom-domain services, message portal, and related services (collectively, the "Service"), operated by [LEGAL ENTITY NAME] ("Baumeister," "we," "us," or "our"). By creating an account, clicking "I agree," or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Service. By using the Service, you represent that you meet these requirements.
You are responsible for the security of your account and for all activity that occurs under it. We use email-based sign-in ("magic links"); keep access to your email secure. Notify us immediately at [SUPPORT EMAIL] of any unauthorized use.
Baumeister lets you create, generate (including via AI), publish, and host websites on a Baumeister subdomain or a custom domain, and to receive messages submitted through forms on your published sites ("Message Portal"). Features, limits, and pricing are described at [PRICING URL] and may change.
You retain ownership of the content you upload or create ("Your Content"), including text, images, logos, and site designs. You grant us a limited, non-exclusive, worldwide license to host, store, reproduce, and display Your Content solely to operate and provide the Service (e.g., to publish and serve your website). This license ends when you delete the content or close your account, except for backups retained for a reasonable period and as required by law.
You are solely responsible for Your Content and represent that you have all rights necessary to use and publish it, and that it does not infringe any third party's rights or violate any law.
The Service uses artificial intelligence to generate and edit website content based on your inputs. AI output may contain errors, inaccuracies, or content that requires review. You are responsible for reviewing, editing, and approving any AI-generated content before publishing and for ensuring it is accurate, lawful, and appropriate. We make no warranty regarding AI output. AI-generated content may not be unique and similar output may be provided to other users.
Your use of the Service and Your Content must comply with our Acceptable Use Policy [LINK], which is incorporated into these Terms. Among other things, you may not use the Service to publish or transmit unlawful, infringing, harmful, deceptive, or abusive content, or to violate the rights of others. We may remove content or suspend or terminate accounts that violate these Terms or the Acceptable Use Policy.
We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. See our DMCA Policy [LINK] for how to submit a notice and our repeat-infringer policy. We may remove content and terminate repeat infringers' accounts.
If you connect or register a custom domain, additional terms and fees apply. Domain registration may be provided through a third-party registrar; their terms and registry policies apply to the domain itself. You own your domain and may transfer it to another provider, subject to applicable registry rules and any required authorization codes, which we will provide on request. Payments are processed by [Stripe]; their terms apply to payment processing.
The Message Portal lets visitors to your published site send you messages, which appear in your account. You are responsible for how you collect, store, and use any personal information submitted to you through the Message Portal, including compliance with applicable privacy laws. We process and store these messages on your behalf as described in our Privacy Policy.
We aim for high availability but do not guarantee the Service will be uninterrupted or error-free. We may modify, suspend, or discontinue features. We are not liable for any unavailability of the Service or loss of data, except as required by law. You are encouraged to keep your own copies of important content.
You may stop using the Service and close your account at any time. We may suspend or terminate your access if you violate these Terms, fail to pay, or if required by law. Upon termination, your published sites may be taken offline and Your Content may be deleted after a reasonable period.
THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, BAUMEISTER AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF [$100] OR THE AMOUNTS YOU PAID US IN THE [12] MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. [GC to confirm cap and carve-outs.]
You agree to indemnify and hold harmless Baumeister and its affiliates from any claims, damages, or expenses (including reasonable attorneys' fees) arising from Your Content, your use of the Service, or your violation of these Terms or any law or third-party right.
We may update these Terms. We will provide notice of material changes (e.g., by email or in-product). Your continued use after changes take effect constitutes acceptance. We record the version of the Terms you accepted and the date of acceptance.
These Terms are governed by the laws of [STATE/JURISDICTION], without regard to conflict-of-laws rules. [Dispute resolution — venue, arbitration clause, class-action waiver: GC to draft per your preference and jurisdiction.]
Questions about these Terms: [SUPPORT/LEGAL EMAIL], [BUSINESS MAILING ADDRESS].