1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and ThemeSmith Ltd ("Company", "we", "us", "our"), a company registered in England and Wales, governing your access to and use of the ThemeSmith website generation platform (the "Service").
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICE.
2. Description of Service
ThemeSmith is an AI-powered website generation platform that creates professional websites using artificial intelligence. The Service includes website generation, hosting, domain management, SEO tools, blog generation, and related features.
Key features of the Service include:
- AI-generated website content and design
- Website hosting and delivery
- Custom domain integration
- SEO analytics and optimisation tools
- AI-assisted blog content generation
- Autonomous site management features
3. Account Registration
3.1 Account Creation
To use certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorised access to or use of your account.
3.3 Age Requirements
You must be at least 16 years old to use our Service. By using the Service, you represent and warrant that you meet this requirement.
4. Subscription Plans and Payment
4.1 Subscription Tiers
We offer the following subscription plans:
- Starter Plan: £12 per month
- Pro Plan: £29 per month
- Business Plan: £79 per month
Features and limitations vary by plan. Current plan details are available on our pricing page.
4.2 Payment Terms
All payments are processed through Stripe. By subscribing, you authorise us to charge your payment method on a recurring basis. Subscription fees are billed in advance on a monthly basis and are non-refundable except as required by law or as expressly stated in these Terms.
4.3 Price Changes
We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice before any price increase takes effect on your subscription.
4.4 Cancellation
You may cancel your subscription at any time through your account settings. Upon cancellation, your subscription will remain active until the end of your current billing period, after which your access to paid features will be terminated.
5. AI-Generated Content
5.1 Nature of AI Content
Our Service uses artificial intelligence to generate website content, including text, layouts, and design elements. AI-generated content is created based on your inputs and prompts. You understand that AI outputs may not always be accurate, appropriate, or fit for your specific purpose.
5.2 Content Review Responsibility
You are solely responsible for reviewing, editing, and approving all AI-generated content before publication. We do not guarantee the accuracy, completeness, or appropriateness of any AI-generated content.
5.3 Ownership of Generated Content
Subject to your compliance with these Terms and payment of applicable fees, you retain ownership of the websites generated through our Service. However, we retain the right to use anonymised data from generated sites to improve our Service.
6. AI Autonomy Features
6.1 Autonomy Levels
Our Service offers four levels of AI autonomy for site management:
- Suggestions Only: AI provides recommendations but takes no action
- Semi-Autonomous: AI can make minor changes with your approval
- Highly Autonomous: AI can make most changes automatically
- Full Autopilot: AI manages your site with minimal intervention
6.2 User Responsibility
By enabling higher autonomy levels, you accept responsibility for changes made by the AI to your website. We recommend regularly reviewing your site, especially when using Full Autopilot mode. All changes can be reviewed and rolled back through your dashboard.
6.3 Limitation of Liability for Autonomous Actions
We are not liable for any damages resulting from AI autonomous actions that you have enabled. You may disable autonomous features at any time.
7. User Content and Conduct
7.1 Your Content
You retain ownership of content you provide to the Service ("User Content"). By providing User Content, you grant us a worldwide, non-exclusive, royalty-free licence to use, process, and transmit such content solely for the purpose of providing and improving the Service.
7.2 Prohibited Content
You agree not to use the Service to create websites containing:
- Illegal content or content promoting illegal activities
- Hate speech, harassment, or discriminatory content
- Content that infringes intellectual property rights
- Malware, phishing, or fraudulent content
- Adult content (unless expressly permitted by your plan)
- Content that violates others' privacy rights
- Misleading or deceptive content
7.3 Enforcement
We reserve the right to remove content and suspend or terminate accounts that violate these Terms, without prior notice or liability.
8. Intellectual Property
8.1 Our Intellectual Property
The Service, including its underlying technology, design, features, and branding, is owned by ThemeSmith Ltd and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our Service.
8.2 Third-Party Content
The Service may incorporate third-party content, including stock images from Unsplash. Such content is subject to the respective third-party licences. You are responsible for ensuring your use complies with applicable licence terms.
9. Third-Party Services
Our Service integrates with third-party services including AI providers (OpenAI, Anthropic, Google), payment processors (Stripe), authentication services (Clerk), and analytics providers. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices or availability of third-party services.
10. Disclaimers
10.1 Service Provided "As Is"
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 No Guarantee of Results
We do not guarantee any specific results from using our Service, including SEO rankings, business outcomes, or website performance. AI-generated content may contain errors or inaccuracies.
10.3 Service Availability
We do not guarantee uninterrupted or error-free operation of the Service. We may modify, suspend, or discontinue any aspect of the Service at any time without notice.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEMESMITH LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law.
12. Indemnification
You agree to indemnify and hold harmless ThemeSmith Ltd and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit to the Service.
13. Termination
13.1 Termination by You
You may terminate your account at any time by cancelling your subscription and contacting us to request account deletion.
13.2 Termination by Us
We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.
13.3 Effect of Termination
Upon termination, we will retain your data for a grace period of 30 days, after which it will be permanently deleted unless required by law to retain it longer. You are responsible for exporting any data you wish to keep before termination.
14. Governing Law and Disputes
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.
14.2 Dispute Resolution
Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales. Before initiating formal proceedings, you agree to attempt to resolve disputes informally by contacting us.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and ThemeSmith Ltd regarding the Service.
15.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
15.3 Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.
15.5 Modifications
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.
16. Contact Information
For questions about these Terms of Service, please contact us:
ThemeSmith Ltd
Email: legal@themesmith.ai