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 provide the Services as a subscription plan that you select at the time of purchase. Plans differ in scope — for example, the number of pages, the monthly change-request allowance, and whether a custom backend (such as a booking system, client login area, or self-serve blog) is included. The specific plan, price, minimum term, and included allowances that apply to you are those stated on your order at checkout.

Depending on the plan, the Services are delivered either as a redesign of your existing website or as a newly built website. Some plans carry a one-time design or build fee in addition to the recurring fee; many do not. Any such fee, where applicable, is shown on your order before you pay.

After you pay, we build your site on a private staging environment — a preview link that is not your public domain — and share it with you for review. Adjustments made during this build phase to get the initial design right are part of the build and do not count against your monthly change-request allowance. Once you approve the build, we publish it live on your domain. Your minimum term is measured from the date of your first successful payment; your site typically goes live shortly after.

All plans include website hosting and a target uptime of 99.9% measured on a monthly basis. From the date your site goes live, plans that include monthly change requests allow the number of minor change requests per calendar month stated on your order, executed within one (1) business day of receipt; unused change requests do not carry over to the following month. Some plans include no monthly change requests, in which case all changes are quoted separately before any work begins. In each case, the change-request allowance for your plan is the one stated on your order at checkout.

We also apply standard on-page search-engine optimization to your site as part of the design and ongoing maintenance — including clean semantic markup, title tags, meta descriptions, structured data where appropriate, and performance best practices. Search engines control rankings and indexing, and many factors are outside our control; accordingly, we do not guarantee any particular search ranking, placement, traffic, or result. Ongoing SEO content writing (e.g., articles or blog posts authored by us) is not included and is quoted separately.

A “minor change request” means a modification to content or styling that already exists on your site. This includes, without limitation:

edits to existing text or copy;
swapping images, logos, or photos;
updating contact information, hours, prices, or service listings;
color, font, or styling tweaks;
small layout adjustments within an existing section;
adding or removing items in existing lists (e.g., services, FAQs, testimonials);
updates to meta tags or SEO descriptions.

Work that creates new structures or rebuilds the site falls outside the included monthly revisions and may be quoted as a separate one-time charge. This includes, without limitation:

brand-new pages;
new sections that did not previously exist on the site;
new functionality (e.g., booking systems, e-commerce, login areas, integrations);
site-wide redesigns or substantial aesthetic overhauls;
custom integrations with third-party services (e.g., CRM, email marketing tools, payment gateways);
original copywriting authored by us (as distinct from editing existing copy).

For counting purposes, each individual change counts as one (1) change request — for example, changing a line of text, replacing a photo, or updating your hours are each one change request. A single email or written message that describes several individual changes counts as several change requests, one per change described. If a single request would reasonably require more than one (1) hour of our work to fulfill, we will provide you with an estimate or proposed scope reduction before proceeding, even if the request would otherwise qualify as a minor change.

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. Minimum term, cancellation, and refunds

Subscriptions carry an initial minimum term as stated on your order: six (6) months for our standard website plans, and twelve (12) months for our Platform plan and for any plan billed as an annual prepayment, in each case measured from the date of your first successful payment (your site typically goes live shortly after). After the initial term, the subscription continues on a month-to-month basis until cancelled. You may cancel effective at the end of the then-current term by giving notice at least thirty (30) days before your next renewal date. Where a longer term was agreed in exchange for discounted or prepaid pricing (for example, an annual prepayment), that agreed term governs. 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. While your subscription is active you have a license to use the site we host for you; the site itself is provided as a managed service rather than transferred to you. On termination of the Services for any reason, we may take your site offline.

Your domain and your data remain yours. Any domain name registered in your name stays yours, and upon written request we will provide a one-time export of your Customer Content (the text, images, and any customer or contact data held on your behalf) within thirty (30) days of cancellation, and reasonably assist you in pointing your domain elsewhere.

Optional buyout. If you wish to take the underlying site code and host it yourself, you may purchase a perpetual license to it for a one-time buyout fee equal to six (6) times the standard monthly list price for your plan (calculated before any discount applied to your subscription), payable on or after completion of the minimum term. On payment we will hand over the site code and provide reasonable migration assistance. Absent such a buyout, the site code and configuration remain our property.

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 99.9% monthly uptime, excluding scheduled maintenance and outages caused by upstream providers, your acts, or events beyond our reasonable control. The 99.9% figure is a target, not a guarantee. No service credits, refunds, or other compensation are offered if the target is not met in any given month.

Change requests submitted to hello@purplepotato.io receive a response within one (1) business day. Requests that exceed the monthly change-request allowance included with your plan (as stated on your order), 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 Delaware, USA, without regard to conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in New Castle County, Delaware, 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.