Terms of Service — Purple Potato

These Terms of Service (the “Terms”) govern your access to and use of the website design, hosting, and maintenance services (the “Services”) provided by Purple Potato Studio LLC, a Delaware limited liability company (“Purple Potato,” “we,” “us”). By signing up, paying for, or using the Services, you (“Customer,” “you”) agree to these Terms.

1. Services

We offer two product tiers:

Redesign tier: a one-time design fee to rebuild your existing website, followed by a monthly hosting and maintenance fee.
New-build tier: we design and build a website at no upfront cost; if you choose to keep it, you pay a monthly hosting and maintenance fee.

Both tiers include website hosting, a target uptime of 99% measured on a monthly basis, and up to five (5) minor change requests per calendar month (e.g., text edits, image swaps, simple styling changes), executed within two (2) business days of receipt. Major changes — such as new pages, new functionality, or substantial redesigns — are not included and may be quoted as separate one-time charges.

2. Account and registration

To use the Services you must (a) provide accurate and complete account information, (b) keep that information current, and (c) safeguard your sign-in credentials. You are responsible for all activity that occurs under your account. Notify us promptly at hello@purplepotato.io if you believe your account has been compromised.

3. Fees, billing, and taxes

Fees are stated at the time of purchase and may be denominated in U.S. Dollars or Euro. Recurring fees are billed monthly in advance via Stripe. By providing payment information, you authorize us to charge your payment method for all fees due. Fees are exclusive of any sales, use, VAT, GST, or similar taxes, which you are responsible for paying where applicable.

We may change pricing for any future billing period by giving you at least thirty (30) days' written notice. Continuing the subscription after the change takes effect constitutes acceptance of the new pricing.

4. Cancellation and refunds

You may cancel your subscription at any time. See our cancellation policy for how cancellation works and what happens to your site after the paid period ends.

All fees are non-refundable. See our refund policy for details.

5. Customer content

You retain ownership of all text, images, branding, and other content you provide to us for use on your website (“Customer Content”). You grant us a worldwide, royalty-free license to host, display, modify, and distribute Customer Content solely for the purpose of providing the Services. You represent and warrant that you have the right to grant this license and that Customer Content does not infringe any third-party rights or violate any law.

You are responsible for the legality and accuracy of Customer Content. We may remove or refuse to publish content that we believe in good faith violates these Terms or applicable law.

6. Our intellectual property

We retain ownership of the underlying website templates, code, configurations, design system, and all components of the Services that are not Customer Content. On termination of the Services for any reason, we may take your site offline. Upon written request, we will provide a one-time export of your Customer Content (text and images you provided) within thirty (30) days of cancellation.

7. Acceptable use

You agree not to use the Services to:

publish content that is illegal, defamatory, obscene, or infringing;
send spam, phishing, or other unsolicited communications;
distribute malware, exploit vulnerabilities, or interfere with the Services;
resell or sublicense the Services without our written consent;
misrepresent your identity or affiliation with another person or business.

8. Service levels

We target 99% monthly uptime, excluding scheduled maintenance and outages caused by upstream providers, your acts, or events beyond our reasonable control. Uptime is not guaranteed and we do not credit fees for downtime that does not meet the target.

Change requests submitted to hello@purplepotato.io receive a response within two (2) business days. Requests that exceed the included five-per-month limit, or that fall outside the “minor change” scope, will be acknowledged and quoted separately before any work begins.

9. Disclaimers

The Services are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any Customer Content will be preserved against loss.

10. Limitation of liability

To the maximum extent permitted by law, in no event will Purple Potato be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with these Terms or the Services. Our aggregate liability under these Terms will not exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.

11. Indemnification

You will indemnify and hold harmless Purple Potato from any third-party claim arising out of (a) Customer Content, (b) your use of the Services in violation of these Terms, or (c) your breach of applicable law.

12. Termination by us

We may suspend or terminate your access to the Services immediately if you (a) materially breach these Terms and fail to cure within ten (10) days of written notice, (b) fail to pay any fee when due and the failure continues for ten (10) days after notice, or (c) engage in conduct that we reasonably believe creates legal or operational risk for us or our other customers. On termination by us for cause, no refund is owed.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email and posted on this page with a revised “Last updated” date at least fourteen (14) days before they take effect. Continued use of the Services after the effective date constitutes acceptance.

14. Governing law and disputes

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in Los Angeles County, California, and the parties consent to the personal jurisdiction of those courts. If you reside in the European Union, mandatory consumer protections of your country of residence remain available to you.

15. General

These Terms — together with the privacy policy, the cancellation policy, and the refund policy — constitute the entire agreement between you and Purple Potato on its subject. If any provision is held unenforceable, the remaining provisions remain in effect. We may assign these Terms to a successor in a merger, acquisition, or sale of substantially all our assets; you may not assign without our written consent. No waiver is effective unless in writing and signed by an authorized representative.