Terms of Service

1. Acceptance of Terms

By accessing or using SW Builder (the "Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and SimpleSaaS, LLC ("we," "us," or "our"). If you do not agree to these Terms in their entirety, you may not access or use the Service.

We reserve the right to update these Terms at any time. Continued use of the Service after changes are posted constitutes your acceptance of the revised Terms, subject to the notice requirements described in Section 13.

2. Description of Service

SW Builder provides a website hosting and management platform designed for service-based businesses in the trades — including contractors, plumbers, electricians, landscapers, HVAC technicians, and similar businesses. The Service allows you to create and publish a professional business website, manage your business profile, display services and service areas, and receive contact inquiries from potential customers.

Starter plan subscribers receive a website hosted on an SW Builder subdomain (e.g., yourbusiness.swbuilder.com). Pro plan subscribers additionally receive support for a custom domain name, email forwarding, and enhanced features as described on our pricing page.

We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time with reasonable notice.

3. Account Registration

To use SW Builder, you must create an account. By registering, you agree that:

• You will provide accurate, current, and complete information during registration and keep it up to date.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You will register only one account per business. Multiple accounts for the same business entity are not permitted without our written consent.
• You are at least 18 years of age. The Service is not available to anyone under 18.
• You will notify us immediately at support@swbuilder.com if you suspect unauthorized access to your account.

4. Subscription & Billing

SW Builder offers the following subscription plans, billed monthly:

• Starter — $19.99/month. Includes a subdomain-based website and core features.
• Pro + Custom Domain — $29.99/month, plus a one-time $49.95 setup fee and the annual domain registration cost (see Section 5 for domain pricing details).

Free trial: New accounts receive a 7-day free trial. A valid payment method is required at signup but will not be charged until the trial period ends. If you cancel before the trial ends, you will not be charged.

All billing is processed by Stripe. By providing a payment method, you authorize us to charge your selected plan on a recurring monthly basis until you cancel. You can cancel your subscription at any time from your account settings. Upon cancellation, your access to the Service and your published website will continue until the end of the current billing period, after which your website will be taken offline.

Subscription fees are non-refundable except as required by applicable law or as otherwise determined at our sole discretion on a case-by-case basis. If your payment fails, we will attempt to retry the charge. If payment cannot be collected, your account may be suspended or downgraded.

5. Custom Domain & Email Services (Pro)

Pro subscribers may purchase a custom domain through SW Builder. Domain pricing is calculated as:

• The current Name.com wholesale registration price for the chosen domain extension (e.g., .com, .net, .org), plus
• A 20% platform service fee, plus
• A one-time $49.95 setup fee for DNS configuration and website connection.

Domain registrations are annual. We will handle domain renewal on your behalf unless you notify us in writing at least 30 days before the expiration date that you wish to transfer or discontinue your domain. Domain fees are non-refundable once registration or renewal has been submitted to the registrar.

Email forwarding (available on Pro) routes email sent to your custom domain address to your personal or business inbox. This is a forwarding service only — we do not provide full email hosting, mailbox storage, or SMTP sending from your custom domain.

If you cancel your Pro subscription, your custom domain will remain registered until its expiration date, but email forwarding and website hosting under that domain through SW Builder will be discontinued. We will assist with domain transfer upon request.

6. Acceptable Use

You agree to use SW Builder only for lawful purposes in connection with your legitimate service-based business. You may not:

• Post or transmit any content that is illegal, fraudulent, defamatory, obscene, threatening, or otherwise harmful.
• Impersonate another business, individual, or entity, or misrepresent your affiliation with any person or organization.
• Publish materially false or misleading information about your business, services, pricing, credentials, or service area.
• Use the platform to send unsolicited commercial messages (spam) to any third party.
• Upload or distribute malware, viruses, or any code designed to damage, intercept, or disrupt systems.
• Attempt to gain unauthorized access to the platform, other users' accounts, or our backend infrastructure.
• Abuse platform resources in a manner that degrades performance for other users (e.g., automated bulk uploads, excessive API calls).

We may investigate suspected violations and, at our sole discretion, suspend or permanently terminate accounts that violate these Acceptable Use requirements, with or without prior notice depending on the severity of the violation.

7. Content Ownership

You retain full ownership of the content you create and upload to SW Builder, including your business name, service descriptions, photos, logos, and contact information (collectively, "Your Content").

By uploading Your Content to SW Builder, you grant SimpleSaaS, LLC a non-exclusive, worldwide, royalty-free license to host, store, display, and deliver Your Content as part of operating and providing the Service. This license is limited to what is necessary to run the Service and does not transfer ownership of Your Content to us.

You represent and warrant that you have all rights necessary to grant this license and that Your Content does not violate the intellectual property rights or privacy rights of any third party. You are solely responsible for the accuracy, legality, and appropriateness of Your Content.

8. Intellectual Property

The SW Builder platform — including its software, code, design, user interface, branding, logos, and documentation — is owned by SimpleSaaS, LLC and is protected by copyright, trademark, and other applicable intellectual property laws.

Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. You may not:

• Copy, reproduce, or redistribute the SW Builder platform or its source code.
• Reverse-engineer, decompile, or disassemble any part of the Service.
• Use SW Builder's name, logo, or branding without our prior written permission.
• Create derivative works based on the Service or its underlying technology.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SIMPLESAAS, LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We target 99.9%+ uptime for the Service and host on Cloudflare's globally redundant infrastructure. However, we do not guarantee any specific uptime service level for Starter plan subscribers. Scheduled maintenance, unexpected outages, or events outside our control (including Cloudflare infrastructure issues) may cause temporary unavailability.

We are not responsible for any loss of business, lost revenue, lost customers, or other commercial harm resulting from downtime or Service unavailability.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMPLESAAS, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN ALL CASES, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE IS LIMITED TO THE TOTAL FEES YOU PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in full.

11. Termination

Termination by you: You may cancel your account at any time from your account settings or by contacting support@swbuilder.com. Upon cancellation, your website will remain live until the end of your current billing period, then be taken offline.

Termination by us: We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or if your payment repeatedly fails and cannot be resolved. For less severe violations, we will generally provide notice and an opportunity to cure the issue before taking action.

Upon termination for any reason, your right to use the Service ceases immediately. Your website will be taken offline. Your data will be retained for 90 days post-termination per our Privacy Policy, then permanently deleted. You may request an export of Your Content during this window by contacting support@swbuilder.com.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Texas.

If you are located outside the United States, you consent to the transfer and processing of your data in the United States and other countries where our third-party providers operate.

13. Changes to Terms

We may update these Terms of Service from time to time. For material changes — such as changes to pricing, data rights, or dispute resolution — we will notify all active subscribers via email at least 30 days before the changes take effect. The email will describe what is changing and why.

For minor, non-material changes (such as clarifications, typo corrections, or formatting), we may update the Terms without advance notice. The "Effective date" at the top of this page will always indicate when the Terms were last revised.

If you do not agree to the updated Terms, you must cancel your account before the changes take effect. Continued use of the Service after the effective date constitutes your acceptance of the revised Terms.

14. Contact Us

If you have questions about these Terms of Service or need assistance, please contact us: