Terms of Service

1.Agreement to These Terms #

These Terms of Service (the "Terms") are a binding legal agreement between you — and, if you are using the Services on behalf of a company or other organisation, that organisation — and Paradise Innovation Group LLC, a Montana limited liability company ("Paradise Innovation Group", "we", "us" or "our").

By accessing or using our websites, applications, dashboards, application programming interfaces, mobile applications, or any of our professional services (together, the "Services"), by creating an account, by purchasing a subscription, by paying an invoice through a payment link we host, or by signing an order form, statement of work or proposal that references these Terms, you agree to be bound by them. If you do not agree, do not use the Services.

Please read Dispute Resolution and Arbitration carefully. It requires most disputes to be resolved by binding individual arbitration rather than in court, and waives your right to participate in a class or representative action. You may reject that agreement within 30 days of first accepting these Terms by following the instructions in that section.

These Terms take effect on August 24, 2026, or on the date you first accept them if later. Our Privacy Policy is incorporated into these Terms by reference and forms part of your agreement with us.

If we have signed a separate written agreement, order form, statement of work or master services agreement with you, that document governs to the extent it conflicts with these Terms, and these Terms fill every gap it leaves.

2.Definitions #

3.Eligibility and Authority #

To use the Services you must be at least 18 years old and capable of forming a binding contract. The Services are built for business use and are not directed to children.

If you use the Services on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms, and "you" refers to both you and that organisation. If you do not have that authority, you must not accept these Terms or use the Services.

You may not use the Services if you are barred from doing so under the laws of the United States, Montana, or any other applicable jurisdiction, or if you appear on any sanctions or restricted-party list — see Export Controls, Sanctions and Government Users.

4.Accounts, Sign-In and Approval #

Passwordless sign-in

We sign you in with a single-use link sent to your email address rather than with a password. That link is a credential. Anyone who obtains it can sign in as you until it expires or is used, so you must keep access to your email account secure, must not forward sign-in links, and must not share your account.

Approval

Access to the platform is granted manually. Creating an account does not entitle you to access it: we review new accounts and may approve, decline, delay or condition access at our discretion, including where we cannot verify who you are or the business you say you represent.

Your responsibility

• You are responsible for all activity that occurs under your account, whether or not you authorised it.
• You must provide accurate, current and complete information and keep it up to date — we rely on it for billing, notices, payouts and identity verification.
• You must notify us at oink@paradiseinnovation.group immediately if you learn of any unauthorised access to or use of your account.
• You are responsible for the acts and omissions of every person you invite into your account, add as an employee or team member, or otherwise permit to use the Services under your Business Entity, as if they were your own.

We may access your account and its contents where reasonably necessary to provide support you have requested, to operate and secure the Services, to investigate suspected violations of these Terms, or to comply with law. Administrator access, including the ability to act within an account for support purposes, is recorded in our audit log.

5.The Services We Provide #

Depending on what you have purchased or engaged us for, the Services may include any of the following.

Changes, betas and unreleased features

We are continuously developing the Services. We may add, change, suspend or remove features at any time. Some areas of the platform are placeholders, previews or beta functionality that is incomplete, may be unavailable, and may change or be withdrawn without notice; these are provided without any warranty or service commitment whatsoever and must not be relied on for anything important.

Where a change materially reduces the core functionality of a Subscription you are actively paying for, we will give you reasonable advance notice and, if you tell us the change is unacceptable, you may cancel under Cancellation, Refunds and Suspension.

Professional services

Consulting, custom development and other professional work is scoped in a separate proposal, statement of work or order form. Estimates of time, cost and delivery dates are good-faith estimates and not guarantees. Work outside an agreed scope is chargeable, and we will tell you before we do it.

6.Plans, Billing and Renewal #

Subscriptions are sold per Business Entity, priced in United States dollars, and billed in advance either monthly or annually, as selected at checkout. Current plans, prices and inclusions are shown on our pricing page; the price shown at checkout is the price that applies to your purchase.

Some tiers are priced per engagement rather than off the shelf and are purchased only after a consultation. Some tiers are no longer offered for sale but continue to be honoured for existing subscribers until cancelled.

Automatic renewal

Subscriptions renew automatically. Unless you cancel before the end of the current billing period, your subscription renews for a further period of the same length and the payment method on file is charged at the then-current rate. You authorise us and our payment processor to store your payment method and to charge it on each renewal until you cancel.

Payment method and failed payments

• You must keep a valid payment method on file for as long as you have an active Subscription or unpaid balance.
• If a charge fails, we and our payment processor may retry it, and we may suspend or downgrade the Services until the balance is settled.
• Amounts more than 30 days overdue may accrue interest at 1.5% per month or the highest rate permitted by law, whichever is lower, and you are responsible for reasonable costs of collection, including legal fees.

Price changes

We may change our prices. A change to the recurring price of an existing Subscription takes effect at your next renewal, and we will give you at least 30 days’ notice by email or through the platform before it does. Continuing to use the Services after that date is acceptance of the new price; if you do not accept it, cancel before the renewal date.

One-off charges

Some things are billed separately from a Subscription: domain registrations, professional services, out-of-scope development, third-party licences we buy on your behalf, and any other item we agree in writing. These are invoiced to you directly and are payable on the terms stated on the invoice.

Taxes

Prices exclude taxes. You are responsible for all sales, use, VAT, GST, excise and similar taxes and duties arising from your purchase, other than taxes on our net income. If we are required to collect a tax, it will be added to your charge. If you are exempt, you must provide valid documentation before the charge is made.

7.Discounts, Promotions and Demo Sites #

We may issue discount codes and promotional offers. Unless the offer says otherwise: a code applies only to the plan or site it was issued for, may be used only once per customer, cannot be combined with another offer, has no cash value, and may expire or be withdrawn at any time before it is redeemed.

A discount applies for the number of billing periods stated when it is redeemed. After that, the Subscription renews at the standard rate. Discounts are void where prohibited and may be revoked if obtained by fraud, error, or in breach of these Terms.

Demonstration sites

We sometimes build a demonstration website for a business on our own initiative and offer it for purchase at a link we publish. A demonstration site is a proposal, not a service in place: it is hosted by us, may be changed, taken down or offered to someone else at any time before it is bought, and confers no rights until it is purchased and a Subscription begins.

A demonstration site may reference a business name, location or trade in order to show what a site for that business could look like. It does not imply any affiliation with, endorsement by, or engagement of us by that business. If you are the business named on a demonstration site and you want it taken down, write to us and we will remove it.

The link to a demonstration site is public, and payment — not knowledge of the link — is what authorises a purchase. Once purchased, the site becomes a Platform under these Terms and the ordinary Subscription terms apply to it.

8.Cancellation, Refunds and Suspension #

Cancelling

You may cancel a Subscription at any time from your billing settings or by writing to us. Cancellation takes effect at the end of the current billing period. You keep access until then, and you are not charged again.

Refunds

Fees are non-refundable except where stated in this section or required by law. We do not provide refunds or credits for partial billing periods, for periods in which you did not use the Services, or for features you chose not to use.

We may, at our discretion, issue a refund or credit — for example where we have made a billing error, where a service was materially unavailable for a sustained period, or where a purchase was duplicated. Doing so once does not oblige us to do so again.

Domain registrations are treated separately and are non-refundable once the domain has been registered — see Domain Registration. Amounts paid to a business through our invoice payment feature are that business’s money, not ours, and refunds of those payments are handled under Payment Processing.

What happens after cancellation

• We stop hosting and maintaining your Platform. Visitors will no longer be able to reach it.
• We retain your account data for a limited period so that you can reactivate, after which it may be deleted — see Term and Termination and the retention section of our Privacy Policy.
• If we registered a domain for you, you may request a transfer to another registrar. Registry and registrar rules apply, transfers may be blocked for the first 60 days after registration, and fees may apply.
• Any amounts already due remain payable.

Suspension and termination by us

We may suspend or terminate your access to all or part of the Services, immediately and without liability, if: you breach these Terms; your payment fails or an amount is overdue; we reasonably suspect fraud, abuse, or unlawful use; your use threatens the security, integrity or availability of the Services or another user; we are required to do so by law or by a provider we depend on; or you use the Services in a way that exposes us to legal or financial risk.

Where practical and lawful we will give notice first and an opportunity to fix the problem. Where the risk is immediate we may act first and notify you afterwards. We may also terminate a Subscription for convenience on 30 days’ notice, in which case we will refund the unused portion of any prepaid fees.

9.Payment Processing and Stripe #

Payments are processed by Stripe. We do not receive, store or process full payment card numbers. Card details are collected by Stripe within its own hosted or embedded components.

Payments you make to us

Subscriptions, domain orders and our own invoices are charged to your payment method through our Stripe account. Your use of Stripe’s checkout and billing portal is subject to Stripe’s own terms and privacy policy.

Payments your customers make to you

If you enable online payment for your invoices, we help you create a Stripe Connected Account for your Business Entity. Payments made against your invoices are direct charges on your Connected Account: the money is collected into your Stripe balance, not ours, and Stripe pays it out to you on the schedule and terms of your Connected Account.

• You must accept and comply with the Stripe Connected Account Agreement and Stripe’s services agreement. Those agreements are between you and Stripe, and we are not a party to them.
• Stripe determines whether to approve your account, what information it needs to verify your identity and business, when to release funds, and whether to place a hold, reserve or restriction. We cannot override those decisions.
• Stripe’s processing fees are charged to your Connected Account, and Stripe — not us — is responsible for negative balances on it.
• You are responsible for chargebacks, disputes, refunds and reversals on payments you collect, and for responding to them within Stripe’s deadlines.
• You are responsible for the goods and services you sell, the accuracy of what you charge for them, your refund and cancellation policies, and your compliance with card network rules and applicable financial regulation.

We are a technology provider, not a bank, money transmitter, payment processor, escrow agent, or party to the transaction between you and your customer. We do not take custody of your customers’ funds. We provide the interface through which the payment is initiated and the record of what happened.

If you are paying an invoice

If you have reached a payment page through a link, you are paying the business named on the document, not us. Your contract for the goods or services is with that business, and questions about the work, the amount, the tax treatment, a receipt or a refund are for that business to answer. We host the page and pass the payment to Stripe.

A payment link is addressed by a secret token, and anyone who has the link can view the document and pay it. Do not forward a payment link to anyone you do not intend to give access to it.

Bank transfer (ACH) payments take several business days to clear. A payment shown as processing has been initiated but not settled, and may still fail. Do not treat a processing payment as received.

10.Platform Fees on Invoice Payments #

When one of your customers pays an invoice through the platform, we take a platform fee, collected as an application fee on the charge. The fee depends on the payment rail used and is deducted at the time of settlement, alongside Stripe’s own processing fee.

The current fee schedule is a configurable setting rather than a fixed constant. The rate applicable to your Business Entity — including any negotiated rate specific to you — is shown in the platform before a payment is taken, and the exact platform fee, processing fee and net amount for every settled payment are recorded on the invoice and visible to you afterwards.

We may change the fee schedule on at least 30 days’ notice by email or through the platform. A change never restates a payment that has already settled: the fee figures captured against a past invoice are the figures that were actually taken on the day.

Refunds and disputes

If you refund a payment, our platform fee is returned in full with it. If a payment is disputed and the dispute is lost, our platform fee is likewise returned in full. In neither case do we return more than we took, and neither case makes us responsible for Stripe’s processing fee, the disputed amount, or any dispute fee Stripe charges — those fall on the account that received the payment.

11.Quotes, Invoices and Documents #

The platform lets you create quotes and invoices, add line items, taxes and discounts, generate PDF documents, and send them to your recipients by email or SMS.

We are not your accountant, tax adviser or lawyer. Documents you create are your documents. You are solely responsible for their contents, their legal and tax correctness, the rates you charge, whether the tax you apply is the right tax, whether the document meets the invoicing requirements of your jurisdiction, and what you do with the money you collect. Nothing in the Services is accounting, tax or legal advice.

• Totals, taxes and discounts are calculated from the figures you enter. Check them before you send.
• You are responsible for having a lawful basis to contact each recipient at the email address or phone number you enter, and for the content of any message sent through the platform on your behalf.
• You are responsible for retaining your own records for as long as your tax and accounting obligations require. Do not treat the platform as your only copy — see Your Content.
• Quote expiry dates, due dates and payment terms are yours to set and yours to enforce. We do not collect debts on your behalf.

12.Build, Hosting and Platform Services #

What a build includes

Where your plan includes a website or platform, we build it to the brief you provide and to the scope of the plan you bought. Content, imagery, copy, logos and brand assets are yours to supply unless we have agreed otherwise in writing. Delays in providing them delay delivery.

Change requests

Plans that include change requests let you submit a request describing what you want updated. We review each request and implement it on your live site. Change requests are for updates within the scope and character of the site as built; substantial new functionality, redesigns or additional pages beyond your plan are chargeable work, and we will tell you before treating a request that way. We schedule requests by priority and volume and do not guarantee a turnaround time unless your agreement states one.

Hosting, uptime and SSL

• We host Platforms on infrastructure we operate or procure, and we provision TLS certificates for the domains connected to them.
• We aim for high availability but do not warrant uninterrupted or error-free operation. There is no service level agreement, service credit or uptime guarantee unless one is stated in a separate signed agreement.
• We may perform maintenance, apply security patches, upgrade dependencies and migrate infrastructure, which may cause brief interruptions.
• We may take a Platform offline without notice where it is compromised, is being used to attack others, is consuming resources that threaten other customers, or must be removed to comply with law.

Backups

We take operational backups of our systems for our own continuity purposes. Those backups are not a customer-facing service, are not guaranteed to be recoverable at a point in time you choose, and are not a substitute for keeping your own copies of anything you cannot afford to lose.

Fair use

Plans are sold on the expectation of normal business use. Storage, bandwidth, email and SMS volume, compute and support time are subject to fair use. If your usage is materially disproportionate to your plan, we will contact you to agree a suitable plan or a usage charge, and we may rate-limit, throttle or suspend the account if usage threatens the platform.

13.Domain Registration #

You can search for and buy a domain through the platform. We register domains through our registrar account with a third-party registrar; we are a reseller, not a registrar or registry.

The price you pay is the registry cost for the term you select plus our service fee for handling registration, DNS and connecting the domain to your Platform. Both amounts are itemised before you pay.

How registration works

1. You search for a domain and we show live availability and pricing from the registrar.
2. You pay. Payment is authorisation to attempt registration; it is not itself a registration.
3. We register the domain by hand shortly afterwards using the registrant details you supplied.
4. If registration fails — because the domain was taken in the interval, the registry rejected it, or the details were invalid — we will tell you and refund the full amount you paid.

Once a domain is registered it cannot be cancelled or refunded. Registry fees are paid to the registry at registration and are not recoverable, including where you later decide you wanted a different name.

Your obligations as registrant

• You must provide accurate, complete registrant contact details and keep them accurate. Registries can suspend or cancel a domain registered with false details.
• Registrant details are provided to the registrar and registry and may be published in WHOIS or equivalent directories, subject to the privacy protections the registrar applies — see our Privacy Policy.
• Your registration is subject to ICANN policies (including the Uniform Domain-Name Dispute-Resolution Policy) or the equivalent policies of the relevant country-code registry, and to the registrar’s own registration agreement. Those policies bind you directly.
• You are responsible for ensuring that the domain you choose does not infringe anyone’s trade mark or other rights. We do not check that, and we do not advise on it.
• Renewals are your responsibility unless we have agreed in writing to manage them. A domain that is not renewed expires, and recovery after expiry may be impossible or expensive.

You may request a transfer of a domain we registered for you to another registrar at any time. Registry transfer rules apply, including lock periods after registration or a previous transfer, and fees may apply.

14.AI Features #

Parts of the Services use artificial intelligence to generate text, summaries, suggestions or answers ("AI Output") from what you or your users submit ("AI Input").

AI Output can be wrong. It may be inaccurate, incomplete, out of date, biased, or entirely fabricated while appearing confident. It is not advice of any kind — not legal, financial, tax, accounting, medical, engineering, safety or professional advice. You must review AI Output before relying on it, and you are solely responsible for anything you do on the strength of it.

• Do not submit as AI Input anything you are not permitted to disclose, or any sensitive personal information, payment card data, government identifiers, health information or credentials.
• AI Output is not guaranteed to be unique. Similar prompts may produce similar results for other users, and we make no representation that AI Output is free of third-party rights.
• As between you and us, and to the extent permitted by law, you own the AI Output generated from your AI Input, and you are responsible for checking that using it does not infringe anyone else’s rights.
• You must not use AI features to generate anything prohibited by Acceptable Use, to impersonate a person, or to produce content that you then present as human-authored where the law requires disclosure.
• AI features may be unavailable, rate-limited, changed or removed at any time.

Where an AI feature is delivered through a third-party model provider, that provider’s terms also apply to your use of it, and we will identify the provider on request. Our handling of AI Input is described in our Privacy Policy.

15.Communications, SMS and Push Notifications #

Messages we send you

By creating an account you agree to receive service and transactional communications from us — sign-in links, receipts, billing notices, security alerts, change-request updates, support replies and notices required by these Terms. These are part of the Services and you cannot opt out of them while you have an account, other than by closing it.

Marketing communications are separate. You can unsubscribe from them at any time using the link in the message or by writing to us, and doing so does not affect service communications.

SMS

If you provide a mobile number, you consent to receive text messages from us at that number about your account and the activity in it, sent through an automated system. Consent to marketing texts is not a condition of purchase. Message and data rates may apply, and message frequency varies. Reply STOP to opt out and HELP for help. Carriers are not liable for delayed or undelivered messages.

Messages you send through the platform

When you send a message through the platform, you are the sender. You represent and warrant that you have the consent required by law — including the Telephone Consumer Protection Act, the CAN-SPAM Act, and any equivalent law where your recipient is — to contact each recipient at the address or number you provide, for the purpose you are contacting them.

You must not use the platform to send unsolicited bulk email or text, marketing to numbers on a do-not-call list, or messages that disguise their origin. You will honour opt-out requests you receive. You are responsible for any claim, penalty or carrier action arising from messages sent through your account, and you indemnify us for it under Indemnification.

Push notifications

Our mobile applications can send push notifications about activity in your account. You control this in your device settings, and turning it off does not affect the rest of the Services. Push messages are delivered through Apple and Google’s notification services and are outside our control once handed over.

Electronic communications and signatures

You consent to receive all communications, agreements, disclosures and notices from us electronically, and agree that this satisfies any legal requirement that they be in writing. You agree that your electronic acceptance — clicking to accept, signing in, or continuing to use the Services — has the same legal effect as a handwritten signature.

16.Your Content #

You keep all rights in your Client Content. We claim no ownership of it.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, reformat, resize, display and otherwise process your Client Content solely to provide, secure, support and improve the Services for you, and to comply with law. This licence exists so that we can run the Services — it ends when your content is deleted, except for copies retained in backups or as required by law for the periods described in our Privacy Policy.

Your representations

• You own or have all rights and permissions necessary to submit your Client Content and to allow us to process it as described.
• Your Client Content, and our processing of it as instructed by you, does not infringe or misappropriate anyone’s rights and does not breach any law or any contract you are bound by.
• You have provided all notices and obtained all consents required for us to process personal information about your End Customers — see Your End Customers’ Data.

Uploads and public links

Files you upload are stored at unguessable but publicly reachable URLs. Logos, project documents, receipts, permits, site photos, attachments and brief images are served directly from object storage. The URL is long and random and is not listed or indexed anywhere, but it is not access-controlled: anyone who has the URL can open the file without signing in. Do not upload anything that would cause harm if the link were shared, and never upload government identifiers, payment card data, health records or credentials.

Keep your own copies

You are responsible for maintaining your own copies of anything you need. We are not a system of record, an archive, or a backup service, and we are not liable for the loss, corruption or deletion of Client Content.

Removal

We do not routinely monitor Client Content, but we may review it where we have reason to, and we may remove or disable access to content that breaches these Terms, infringes rights, or that we are required to remove.

17.Acceptable Use #

You must not, and must not permit anyone else to, use the Services to do any of the following.

Unlawful and harmful conduct

• Break any law, regulation, court order, sanctions programme or industry rule, or help anyone else do so.
• Defraud, deceive or mislead anyone, including invoicing for goods or services you have not provided or are not entitled to charge for, or misrepresenting who you are or who you represent.
• Launder money, finance terrorism, evade sanctions or taxes, or process payments for a business other than the one the account was approved for.
• Infringe or misappropriate anyone’s copyright, trade mark, patent, trade secret, publicity, privacy or other rights.
• Post, transmit or store content that is defamatory, harassing, threatening, obscene, hateful, or that sexually exploits or endangers a minor.
• Stalk, harass, threaten or harm any person, or collect information about anyone without the right to do so.

Technical abuse

• Access, tamper with or use any part of the Services, another account, or any system or network we operate, without authorisation.
• Probe, scan, penetration-test or otherwise test the vulnerability of the Services, or defeat any authentication, rate limit, quota or access control, without our prior written permission.
• Introduce malware, ransomware, worms, or any code intended to disrupt, damage, exfiltrate or gain unauthorised access.
• Interfere with the Services or impose an unreasonable load, including through denial of service, automated mass requests, or crawling and scraping other than as expressly permitted.
• Reverse engineer, decompile or disassemble any part of the Services, or attempt to derive source code, except to the extent that restriction is unenforceable by law.
• Copy, resell, sublicense, rent, lease, timeshare or provide the Services to a third party as a service bureau, or use them to build a competing product.
• Remove, obscure or alter any proprietary notice, or misrepresent the origin of any part of the Services.

Content and messaging

• Send unsolicited bulk messages, spam, phishing, or messages that spoof or disguise their origin.
• Upload personal information you are not permitted to hold, or sensitive categories of information the Services are not designed for — see Your Content.
• Use the Services to operate a business we have not approved you for, or one in a category our payment provider prohibits.

We may investigate suspected breaches, and may suspend or terminate access under Cancellation, Refunds and Suspension. We may report activity we believe is unlawful to the relevant authorities and cooperate with them.

To report abuse of the Services or a security vulnerability, write to oink@paradiseinnovation.group. Please give us a reasonable opportunity to fix a vulnerability before disclosing it publicly, and do not access or modify data that is not yours while investigating.

18.Intellectual Property #

What we own

The Services — including the platform, its software, source code, architecture, design, interfaces, databases, documentation, and the Paradise Innovation Group name, logo and branding — are owned by us or our licensors and are protected by intellectual property law. Nothing in these Terms transfers any of it to you.

Subject to these Terms and your payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services for your own internal business purposes during your subscription term. Every right not expressly granted is reserved.

What you own

You own your Client Content, your brand, your data, and your customer relationships. Where we deliver a bespoke work product to you under a paid engagement — a website build, a custom application, a design deliverable — you own that deliverable on full payment, and until full payment we retain all rights in it.

What we keep in a deliverable

Our pre-existing materials — frameworks, libraries, components, tooling, templates, know-how and anything we developed before or independently of your engagement — remain ours. Where a deliverable includes them, you receive a perpetual, worldwide, non-exclusive licence to use them as part of that deliverable. We remain free to use the general skills, techniques and knowledge gained from an engagement.

Deliverables may include third-party open source or licensed components, which are provided to you under their own licences.

Publicity

Unless you tell us otherwise in writing, we may identify you as a customer and display your name, logo and a description or screenshot of work we did for you in our portfolio and marketing. Write to us at any time to withdraw that permission, and we will stop using it going forward.

19.Third-Party Services #

The Services depend on and connect to third parties — payment processing, object storage, email and SMS delivery, push notification services, domain registration, certificate issuance, hosting and AI providers. Our Privacy Policy lists the categories of provider and what each receives.

Where you use a third-party service through the Services, or connect one to your account, your use of it is governed by that provider’s terms and privacy policy, not ours. We do not control those services, do not endorse them, and are not responsible for their availability, security, accuracy, pricing or acts and omissions.

If a provider we depend on changes, restricts, suspends or discontinues its service, we may have to change or discontinue the corresponding part of the Services, and we will not be liable for doing so.

20.Confidentiality #

Each of us may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential — including your business data and our non-public pricing, architecture and product plans ("Confidential Information").

The receiving party will use the other’s Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to its personnel, contractors and advisers who need it and are bound by confidentiality obligations at least as protective.

These obligations do not apply to information that is or becomes public without breach, was already known without a duty of confidence, is independently developed, or is received from a third party free to disclose it. Either party may disclose Confidential Information where legally compelled, giving the other reasonable prior notice where lawful so that it can seek protection.

21.Privacy and Data Protection #

Our Privacy Policy explains what personal information we collect, why, who we share it with, how long we keep it and what rights you have. It is incorporated into these Terms.

You are responsible for your own compliance with privacy and data protection law in relation to the people whose information you put into the Services, including providing your own privacy notice to them and obtaining any consent required.

22.Your End Customers’ Data #

When you put information about an End Customer into the Services — a client record, an employee record, an invoice recipient, a project contact, a lead captured by a form on a website we host for you — you are the controller of that information and we are your processor. We process it on your documented instructions, which are these Terms and your use of the Services.

In that role we will:

• Process End Customer personal information only to provide the Services to you, to secure and support them, and as required by law — never to build our own marketing lists or to sell.
• Require confidentiality of personnel with access to it.
• Apply appropriate technical and organisational security measures, described in our Privacy Policy.
• Engage sub-processors only as described in our Privacy Policy, and remain responsible for their performance of these obligations.
• Assist you, so far as reasonable and at your cost where the effort is substantial, with responding to individual rights requests, with security incidents, and with impact assessments.
• Notify you without undue delay after becoming aware of a personal data breach affecting your End Customers’ information.
• On termination, delete or return End Customer personal information in accordance with our retention practices, except where law requires us to keep it.

You warrant that you have a lawful basis for every piece of End Customer information you place into the Services and for every message you send through it, that you have given the notices and obtained the consents your own law requires, and that your instructions to us do not cause us to break the law.

If your compliance programme requires a standalone data processing agreement — with standard contractual clauses, a sub-processor list, or a security schedule — write to oink@paradiseinnovation.group and we will put one in place.

Separately from that role, we act as a controller for our own purposes in relation to your account, your billing, our security and audit records, and our own communications with you. Both roles are described in the Privacy Policy.

23.Feedback #

If you send us ideas, suggestions, feature requests or other feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it for any purpose without restriction, attribution or compensation. Do not send us feedback you expect to be kept confidential or to be paid for.

24.Term and Termination #

These Terms apply from the moment you first use the Services and continue until your account is closed or terminated. Either of us may terminate as described in Cancellation, Refunds and Suspension.

On termination

• Your licence to use the Services ends immediately and we may disable access, hosting and delivery.
• All amounts owed become due.
• You should export anything you need before your access ends. On request within 30 days of termination we will provide a reasonable export of your Client Content in the formats the platform supports, unless we terminated your account for a breach involving fraud or unlawful use.
• After that period we may delete your Client Content, subject to the retention periods and legal obligations described in our Privacy Policy. Records we are required to keep — including audit, financial and transaction records — are retained regardless.

Survival

The following survive termination: Your Content (as to the licences and warranties given), Intellectual Property, Confidentiality, Feedback, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and any accrued payment obligation — together with every other provision that by its nature should survive.

25.Disclaimers #

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. To the fullest extent permitted by law, we disclaim all warranties, express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement, and any warranty arising out of a course of dealing or usage of trade.

Without limiting that, we do not warrant that: the Services will be uninterrupted, timely, secure or error-free; defects will be corrected; the Services or the servers that make them available are free of harmful components; results obtained from the Services will be accurate or reliable; any content, calculation, document or AI Output is correct, complete or fit for your purpose; or that the Services will meet your requirements or comply with any law applicable to your business.

We are not responsible for the acts or omissions of your customers, your employees, your contractors, or any third-party provider, and we are not responsible for anything that happens on a network, device or email account we do not control.

No advice or information, oral or written, obtained from us creates any warranty not expressly stated here. Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you; in that case they apply to the maximum extent permitted.

26.Limitation of Liability #

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, DATA OR USE, however caused and on any theory of liability, even if advised of the possibility of such damages and even if a limited remedy fails of its essential purpose.

OUR TOTAL AGGREGATE LIABILITY arising out of or relating to these Terms or the Services, on any theory of liability, WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED UNITED STATES DOLLARS (US$100).

For the avoidance of doubt, amounts your customers pay to you through the platform are not amounts paid to us and do not count towards that cap. Our platform fee on such a payment does.

These limits do not apply to liability that cannot be limited by law — including, in the United States, liability for fraud, fraudulent misrepresentation, gross negligence or wilful misconduct, and death or personal injury caused by negligence — and do not limit your obligation to pay amounts you owe or your obligations under Indemnification.

You acknowledge that the pricing of the Services reflects this allocation of risk, that these limitations are an essential basis of the bargain between us, and that we would not provide the Services without them. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

27.Indemnification #

You will defend, indemnify and hold harmless us, our members, officers, employees, contractors and agents from and against any claim, demand, action, investigation or proceeding brought by a third party, and all resulting losses, damages, penalties, fines, settlements, costs and reasonable legal fees, arising out of or relating to:

• your Client Content, or our processing of it on your instructions;
• your use of the Services, including anything done under your account by anyone;
• your breach of these Terms, of any representation or warranty in them, or of any law;
• any message sent through the Services on your behalf, including any claim under the Telephone Consumer Protection Act, the CAN-SPAM Act or an equivalent law;
• any dispute between you and an End Customer, including as to goods, services, amounts charged, refunds, chargebacks or the quality of your work;
• your handling of End Customer personal information, or your failure to give a required notice or obtain a required consent;
• a domain you register through us, including any claim that it infringes a trade mark or other right; and
• any tax, fee or duty you were responsible for and did not pay.

We will notify you of the claim, give you control of the defence (except that you may not settle in a way that admits our fault or imposes an obligation on us without our written consent), and cooperate at your expense. We may participate with our own counsel at our own cost.

28.Dispute Resolution and Arbitration #

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. It requires you and us to resolve most disputes by individual binding arbitration instead of in court, and waives the right to a jury trial and to participate in a class or representative action.

Informal resolution first

Before starting an arbitration or a lawsuit, the complaining party must send a written Notice of Dispute to the other describing the dispute and the relief sought. Send ours to oink@paradiseinnovation.group, and we will send ours to the email address on your account. We each agree to try in good faith to resolve the dispute for 60 days after that notice. This step is a condition of starting a proceeding, and the limitation period is tolled while it runs.

Agreement to arbitrate

If the dispute is not resolved within 60 days, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services — whether in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether arising before, during or after the termination of these Terms — will be resolved by final and binding individual arbitration, and not in court.

The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules or, where applicable, its Consumer Arbitration Rules, as modified by these Terms. The arbitrator has exclusive authority to decide the merits, and to decide questions of arbitrability except as stated below. The arbitrator may award any relief a court could award to that individual party, and the award is final and enforceable in any court of competent jurisdiction.

Arbitration will be seated in Montana, and may be conducted by document submission, telephone or video conference unless the arbitrator determines a hearing is necessary. If a hearing is necessary and you are an individual consumer, it will be held in the county where you live or somewhere else we agree. This agreement to arbitrate is governed by the Federal Arbitration Act.

Class action and jury waiver

You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding. You and we waive any right to a jury trial.

If a court decides that this class waiver is unenforceable as to a particular claim or request for relief, that claim or request must be severed and brought in court, and the rest of the dispute proceeds in arbitration. If a court decides the class waiver is unenforceable as to all claims, the agreement to arbitrate does not apply.

Your right to opt out (30 days)

You may reject this arbitration agreement by sending written notice to oink@paradiseinnovation.group with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. The notice must state your name, the email address on your account, and that you are opting out of arbitration. Opting out affects nothing else in these Terms, and we will not hold it against you. If you opt out, disputes are resolved under Governing Law and Venue.

Exceptions

Either of us may bring an individual claim in small claims court if it qualifies, and either of us may seek injunctive or other equitable relief in court to stop infringement or misuse of intellectual property or Confidential Information without first completing the informal resolution process.

Time limit

To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one year after it arises, or it is permanently barred.

Costs and survival

Payment of filing, administration and arbitrator fees is governed by the applicable AAA rules; where those rules would require you to pay a fee that is greater than what a court filing would cost, we will pay the difference on request for claims under US$10,000. This section survives termination of these Terms and the closure of your account.

29.Governing Law and Venue #

These Terms and any dispute arising out of them are governed by the laws of the State of Montana, United States, without regard to its conflict of laws rules, and by applicable United States federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any dispute not subject to arbitration — including where you have opted out, where a claim is severed from arbitration, or where either of us seeks equitable relief — you and we submit to the exclusive jurisdiction and venue of the state and federal courts located in Park County, Montana, and each waives any objection to that forum on grounds of inconvenience.

If you are a consumer resident in a jurisdiction whose law gives you the benefit of mandatory local consumer protections, nothing in this section deprives you of those protections or of the right to bring proceedings in your local courts where that right cannot be waived.

30.Mobile Applications and App Stores #

We offer mobile applications that provide access to the Services. We grant you a limited, non-transferable, non-exclusive, revocable licence to install and use the application on a device you own or control, for your own use, subject to these Terms and to the rules of the app store you obtained it from.

You may not modify, reverse engineer or redistribute the application except as permitted by law, and you must comply with any third-party terms that apply to your device or network. Charges from your carrier for data used by the application are yours.

Apple-specific terms

If you obtained the application from the Apple App Store, the following apply and prevail over any conflicting provision of these Terms as to that application:

• These Terms are between you and us only, not with Apple, and Apple is not responsible for the application or its content.
• The licence is limited to use on Apple-branded devices you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the application.
• If the application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation.
• Apple is not responsible for addressing any claim by you or a third party relating to the application, including product liability, failure to conform to a legal requirement, or consumer protection or privacy claims.
• If a third party claims the application infringes its intellectual property, we — not Apple — are responsible for the investigation, defence, settlement and discharge of that claim.
• You represent that you are not located in a country subject to a United States embargo or designated as terrorist-supporting, and that you are not on any United States restricted-party list.
• Apple and its subsidiaries are third-party beneficiaries of these Terms as they apply to that application, and may enforce them against you.

Google-specific terms

If you obtained the application from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and has no responsibility for the application.

31.Copyright Complaints #

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. If you believe material on a site or service we host infringes your copyright, send a written notice to oink@paradiseinnovation.group containing:

1. your physical or electronic signature;
2. identification of the copyrighted work you claim has been infringed;
3. identification of the material you claim is infringing and its location, in enough detail for us to find it;
4. your name, address, telephone number and email address;
5. a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent or the law; and
6. a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorised to act on the owner’s behalf.

We may remove or disable access to the material and notify the customer responsible, who may submit a counter-notice. We terminate the accounts of repeat infringers in appropriate circumstances. Misrepresenting that material is infringing may make you liable for damages under 17 U.S.C. § 512(f).

32.Export Controls, Sanctions and Government Users #

The Services are provided from the United States and are subject to United States export control and economic sanctions laws. You represent and warrant that you are not located in, ordinarily resident in, or organised under the laws of a country or region subject to comprehensive United States sanctions, and that you are not identified on any United States restricted-party list, including the Specially Designated Nationals list maintained by the Office of Foreign Assets Control.

You must not use, export, re-export or make the Services available in violation of those laws, or for any prohibited end use.

The Services are "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202. United States Government end users acquire only the rights set out in these Terms.

33.Changes to These Terms #

We may update these Terms. When we do, we will change the effective date at the top of this page and, where the change is material, give you notice by email or through the platform at least 30 days before it takes effect.

Continuing to use the Services after the new Terms take effect is acceptance of them. If you do not accept them, stop using the Services and cancel before the effective date. A change to Dispute Resolution and Arbitration does not apply retroactively to a dispute of which we already had written notice.

34.General Provisions #

Entire agreement

These Terms, together with the Privacy Policy and any order form, proposal or statement of work referencing them, are the entire agreement between you and us about the Services, and supersede all prior discussions, proposals and understandings. Any purchase order or vendor terms you issue are of no effect, even if we accept payment against them.

Independent contractors

We are independent contractors. Nothing in these Terms creates a partnership, joint venture, franchise, employment or agency relationship, and neither of us may bind the other.

Assignment

You may not assign or transfer these Terms, or any right under them, without our prior written consent; any attempt to do so is void. We may assign them, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganisation or sale of assets. These Terms bind and benefit each party’s permitted successors and assigns.

Force majeure

Neither party is liable for a delay or failure to perform (other than a payment obligation) caused by something beyond its reasonable control — including acts of God, fire, flood, severe weather, epidemic, war, terrorism, civil unrest, labour dispute, government action, utility or internet failure, denial-of-service attack, or the failure of a third-party provider.

Severability and waiver

If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the rest remains in effect. A failure or delay in enforcing a provision is not a waiver of it, and a waiver is effective only if in writing.

Notices

We may give you notice by email to the address on your account, by posting in the platform, or by posting on this site. You must give us notice by email to oink@paradiseinnovation.group. Notice is effective when sent, or when posted where posting is permitted. A postal address for formal notices is available on request.

Interpretation and language

Headings are for convenience only. "Including" means "including without limitation". These Terms are drafted in English; any translation is provided for convenience and the English version governs. No rule of construction against the drafter applies.

Third parties

Except as expressly stated — including Apple’s rights under Mobile Applications and App Stores — these Terms create no rights in anyone who is not a party to them.

35.Contact #

These Services are operated by Paradise Innovation Group LLC, Paradise Valley, Montana, United States.

A postal address for formal legal notices is available on request.