Generate Terms & Conditions for websites

These terms and conditions (the "Agreement") are between Opentiq ("Openshop Solutions", "we", "us", or "our") and the person or entity ("you" or "your") using Opentiq's website builder platform ("Service"). By using the Service, you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not use the Service.

License and Restrictions

a. Opentiq grants you a non-exclusive, non-transferable, revocable license to use the Service, including any templates and content available through the Service, solely for the purpose of creating and publishing websites for your personal or commercial use. You may not use the Service for any other purpose.

b. You may not copy, modify, distribute, sell, or transfer any part of the Service, including any templates or content available through the Service, except as expressly permitted by this Agreement or with Opentiq's prior written consent.

c. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.

Plans and Fees

a. Opentiq offers different plans for the Service, each with varying features, storage limits, and pricing. You may choose a plan that best suits your needs.

b. You agree to pay all fees associated with the plan you select, including any applicable taxes. Opentiq reserves the right to change its pricing and plans at any time, and any such changes will be effective upon notice to you.

c. Opentiq may terminate or suspend your access to the Service if you fail to pay any fees when due.

Website Content and Use

a. You are solely responsible for the content of any website you create using the Service. You represent and warrant that you have all necessary rights to use and display any content on your website, including any text, images, videos, and other materials.

b. Opentiq reserves the right to remove any content that violates this Agreement or any applicable laws or regulations, or that Opentiq deems inappropriate or offensive.

c. You agree not to use the Service to create any website that violates any applicable laws or regulations, infringes any third party's intellectual property rights, or promotes or facilitates illegal activity.

Subdomains and Domain Names

a. Opentiq offers subdomains for your website, which are subject to availability and Opentiq's approval. You may also use your own domain name with the Service, subject to Opentiq's approval and any applicable fees.

b. You agree to comply with Opentiq's domain name registration policies and any applicable laws or regulations regarding domain names.

Intellectual Property

a. Opentiq retains all rights, title, and interest in and to the Service, including any templates and content available through the Service. This Agreement does not transfer any intellectual property rights to you.

b. Opentiq respects the intellectual property rights of others, and you agree to do the same. You may not use the Service to infringe any third party's intellectual property rights.

Termination

a. Opentiq may terminate this Agreement and your access to the Service at any time, with or without cause, upon notice to you.

b. Upon termination, you must immediately cease all use of the Service, and Opentiq may delete any content or data associated with your account.

Limitation of Liability

a. Opentiq's liability to you for any damages arising from this Agreement shall be limited to the amount you paid for the Service during the twelve (12) months preceding the date of the claim, or one hundred dollars ($100), whichever is greater.

b. Opentiq shall not be liable for any indirect, special, incidental, or consequential damages arising from or related to this Agreement, including but not limited to lost profits, lost data, or business interruption.

c. Opentiq shall not be liable for any damages arising from your use of any third-party services or content in connection with the Service.

Indemnification

You agree to indemnify, defend, and hold harmless Opentiq and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from or related to your use of the Service or any content you create using the Service, your violation of this Agreement, or your violation of any third-party rights.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. Any legal action or proceeding arising from or related to this Agreement shall be brought exclusively in the federal or state courts located in San Francisco County, California.

Miscellaneous

a. This Agreement constitutes the entire agreement between Opentiq and you with respect to the Service, and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Opentiq and you.

b. Opentiq may assign or transfer this Agreement, in whole or in part, at any time without notice to you. You may not assign or transfer this Agreement or any of your rights or obligations under this Agreement without Opentiq's prior written consent.

c. Opentiq's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.

d. Opentiq's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.

d. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.

e. The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.