Terms of Service

1. Who we are and what these terms cover

XSiteBuilder (“the Service”) is a website builder operated by Steve Haase DBA AttentionSoft (“we”, “us”, “our”), based in Nevada, USA. These Terms of Service (“Terms”) are an agreement between us and you, the person or organization using the Service (“you”). They cover the XSiteBuilder dashboard and editor, the websites you publish with it, the Help Center, and any emails and support we provide.

By creating an account, or by using the Service, you agree to these Terms and to our Privacy Policy. If you use XSiteBuilder for a business or for a client, you confirm that you have authority to accept these Terms on their behalf, and “you” includes that business.

2. Your account

• You must be at least 18 years old and able to enter a binding contract to create an account.
• Give us accurate information, including a working email address, because we send password resets and important notices there.
• Keep your password safe. You’re responsible for everything that happens under your account. Tell us straight away at admin@attentionsoft.com if you think someone else has accessed it.
• Workspaces and team members. The owner of a workspace is responsible for the people they invite and for what those people do in it. Owners and admins can add and remove members and change their roles.
• One person may not create multiple Free accounts to get around plan limits.

3. Plans, payment and renewal

XSiteBuilder offers a Free plan and paid plans (currently Pro at $19/mo, Agency at $59/mo and Agency Whitelabel at $99/mo). Each plan has limits on sites, pages, storage and team members, which are shown on the plan’s page in the app.

• Payment. Paid plans are sold through our payment provider, ThriveCart, and the payment processors it uses. By purchasing, you also agree to their checkout terms. We never see or store your full card details.
• Automatic renewal. Paid plans are subscriptions. They renew automatically each billing period, and you’ll be charged the price you agreed to at checkout until you cancel.
• Price changes. We may change our prices. We’ll give you at least 30 days’ notice by email before a new price applies to your subscription, and you can cancel before then.
• Taxes. Prices don’t include taxes unless the checkout says so. You’re responsible for any taxes that apply.
• Failed payments. If a payment fails or a subscription ends, your workspace moves to the Free plan. Features that aren’t part of the Free plan, such as custom domains and badge removal, stop working. You may need to reduce your usage to fit the Free plan’s limits.
• Promotions. Discount codes apply only as described in the offer, can’t be exchanged for cash, and may end at any time.

Agency Whitelabel

On the Agency Whitelabel plan you can show your own brand to your clients instead of ours, including on your own dashboard domain. If you do, you’re responsible for your relationship with your clients: your own terms and privacy notice for them, their support, and their use of the Service. These Terms still apply to everything done through your workspace, including by your clients, and you must make sure they follow the acceptable-use rules in section 7. You may only use a dashboard domain you own or control, and a brand name and logo you have the right to use.

4. Cancellation and refunds

You can cancel a paid plan at any time. Cancel through the cancellation link in your ThriveCart purchase emails or customer portal, or email us at admin@attentionsoft.com and we’ll cancel it for you. After you cancel, you keep your paid plan until the end of the billing period you’ve already paid for, and your workspace then moves to the Free plan.

All payments are non-refundable. We don’t provide refunds or credits for partial billing periods, unused time, downgrades or unused features. The only exception is where the law requires a refund.

5. The Free plan

The Free plan is offered as is. Sites on the Free plan show a small “Made with XSiteBuilder” badge and are published on an XSiteBuilder address rather than your own domain. We may change the Free plan’s features and limits. We may also close Free accounts that have been inactive for 12 months or more, but we’ll email you at least 30 days before we do.

6. Your content

“Your content” means everything you or your team put into XSiteBuilder: text, images, files, page designs, code, templates and the websites you publish.

• You own it. We don’t claim ownership of your content.
• Permission you give us. You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, display and publish your content. This licence is only for running the Service: for example, to show your pages in the editor, keep version history, make backups, serve your published sites to visitors and send your contact-form messages. It ends when your content is deleted from the Service, apart from copies in backups, which expire on their normal schedule.
• Your responsibility. You confirm that you own your content or have the necessary rights to use it, including any photos, fonts, logos and code. You also confirm that publishing it doesn’t break any law or anyone else’s rights.
• Keep your own copies. We back up the Service, but you should keep your own copies of anything important. You can download any site as a .zip of static HTML at any time.
• Templates and blocks we provide. You may use the templates, sections and sample images we provide to build and publish your own and your clients’ websites. You may not resell or redistribute them as templates themselves.

7. Acceptable use

You may not use XSiteBuilder, or any site published with it, to:

• break any law, or help anyone else do so;
• infringe anyone’s copyright, trademark, privacy or other rights;
• impersonate a person, business or organization, or build phishing pages, fake login, payment or “support” pages, or any other site designed to trick people;
• sell or promote scams, fake reviews, counterfeit goods, or fraudulent investment, crypto or “get rich quick” schemes;
• distribute malware, or host files meant to harm or gain unauthorized access to computers;
• send spam, or collect people’s information without a lawful reason and a clear notice;
• collect payment card numbers, government ID numbers, passwords or health information through contact forms (the forms aren’t built for sensitive data);
• publish content that sexually exploits minors, sexually explicit content, or content that promotes violence, terrorism or hatred against people or groups;
• harass, threaten or reveal private information about others;
• overload, probe or attack the Service. This includes getting around plan limits or security measures, scraping the Service, or accessing another customer’s data;
• resell or provide access to the Service itself, other than building and managing sites for your own clients.

8. Copying and importing websites

XSiteBuilder can copy pages from an existing website and import HTML templates. You may only copy or import websites, designs and content that you own or have permission to use. “Layout only” mode replaces text and images with placeholders, but you must still have the right to reuse the design. If we receive a valid complaint or believe a copied site infringes someone’s rights, we may remove it.

9. Contact forms and your visitors

When people fill in a contact form on your published site, their message is stored in your site’s Form messages and emailed to you. For those messages, you decide what’s collected and why, and we store and deliver them on your behalf. It’s your responsibility to:

• publish a privacy notice on your site that tells visitors what you collect and how you use it;
• use visitors’ information lawfully, including any anti-spam laws when you reply or market to them;
• handle requests from your visitors to see or delete their information. You can delete messages at any time.

If you connect your own email account or mail server to send contact-form emails, you’re responsible for that account and for complying with its provider’s terms.

10. Custom domains

On plans that include custom domains, you’re responsible for registering, renewing and setting up your domain name with your domain provider. HTTPS certificates for your domains are issued automatically by Let’s Encrypt, a free certificate authority. We can’t guarantee a certificate if your DNS settings are wrong or the authority refuses to issue one.

11. AI site generation

AI site generation is optional and uses an API key that you provide from OpenAI, Anthropic or another compatible provider.

• When you use it, the details you enter (such as your business name, description and the pages you want) are sent to the AI provider you chose, under your account with them. Their terms and privacy policy apply, and any charges go to your account with them, not to us.
• AI-generated content can be inaccurate, generic or similar to existing content. Review and edit everything before you publish it. You’re responsible for what you publish.
• Don’t enter information into the AI form that you aren’t allowed to share with your AI provider.

12. Emails we send you

We send account emails, such as welcome messages, password resets, team invitations, contact-form notifications and important notices about the Service or your plan, for as long as you have an account. We may also send product news and offers. You can unsubscribe from those at any time using the link in each email.

13. Copyright complaints

If you believe a site hosted on XSiteBuilder infringes your copyright, send a notice to admin@attentionsoft.com that includes:

• your name, address, phone number and email address;
• a description of the copyrighted work;
• the web address of the material you believe is infringing;
• a statement that you believe in good faith that the use isn’t authorized by the owner, its agent or the law;
• a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act for the owner;
• your physical or electronic signature.

We’ll respond to valid notices, which may include removing the material and telling the site owner. If you believe material was removed by mistake, you can send us a counter-notice. We close the accounts of customers who repeatedly infringe.

14. Suspension and termination

• By you. You can stop using XSiteBuilder at any time. To close your account and delete its data, email admin@attentionsoft.com from the address on the account. Cancel any paid plan as well (see section 4).
• By us. We may suspend your account, take sites offline or close your account if you break these Terms, if you don’t pay, if the law requires it, or if your use puts the Service, other customers or the public at risk. Where it’s reasonable, we’ll tell you first and give you a chance to fix the problem. For serious or illegal misuse, we may act straight away. We don’t refund fees for accounts closed because of a breach of these Terms.
• What happens to your data. When an account is closed, its sites go offline and we delete its data within 30 days, except for copies in backups (which expire on their normal schedule) and records we must keep by law. Download anything you want to keep before you close your account.

15. Changes to the Service

We’re always improving XSiteBuilder, so features may be added, changed or removed. If we remove a major feature of a paid plan you’re subscribed to, we’ll tell you in advance. We aim to keep the Service available at all times, but we don’t guarantee that it will be uninterrupted. Maintenance, outages and events outside our control can happen.

16. Third-party services

The Service works with third-party services, such as ThriveCart, payment processors, domain providers, email providers, Let’s Encrypt and AI providers. We’re not responsible for those services, and their own terms apply when you use them.

17. Our intellectual property

XSiteBuilder, its software, design, logos and Help Center content belong to us or our licensors. Parts of the editor are built with open-source software, which is used under its own licences. We give you a limited, non-transferable right to use the Service under these Terms. Don’t copy, modify or reverse-engineer the Service except as those open-source licences allow. If you send us feedback or ideas, we may use them without any obligation to you.

18. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. THESE INCLUDE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We don’t promise that the Service will be error-free or secure, or that it will meet your needs. We also don’t promise that your website will bring you any particular number of visitors, enquiries or sales.

19. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, WE WON’T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. WE ALSO WON’T BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, EVEN IF WE WERE TOLD THESE LOSSES WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT THAT LED TO THE CLAIM, OR (B) US $100. Some places don’t allow some of these limits. Where that’s the case, they apply only as far as the law allows.

20. Indemnity

You agree to defend and compensate us against claims, losses and costs, including reasonable legal fees, that arise from your content, your sites, your use of the Service, or your breach of these Terms or of anyone’s rights.

21. Governing law and disputes

These Terms are governed by the laws of the State of Nevada, USA, without regard to its conflict-of-law rules. Any dispute about these Terms or the Service will be decided only by the state or federal courts located in Clark County, Nevada, and you and we agree to their jurisdiction. Before going to court, please email us at admin@attentionsoft.com so we can try to resolve the issue informally. Most problems can be fixed that way.

22. Changes to these Terms

We may update these Terms from time to time. When we do, we’ll change the “Last updated” date above. If the changes are significant, we’ll also email account owners or show a notice in the app at least 14 days before they take effect. If you keep using the Service after the changes take effect, you accept the new Terms. If you don’t agree, stop using the Service and cancel any paid plan.

23. General

These Terms and our Privacy Policy are the whole agreement between you and us about the Service. If any part is found unenforceable, the rest still applies. If we don’t enforce a part of these Terms straight away, we haven’t given up the right to enforce it later. You may not transfer your account or these Terms without our permission. We may transfer them as part of a sale or reorganization of the business. Neither of us is responsible for delays caused by events outside reasonable control.

24. Contact us

Steve Haase DBA AttentionSoft
Email: admin@attentionsoft.com