1. Introduction and Acceptance of Terms
Welcome to TradeSite.ai. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and TradeSite.ai ("Company," "we," "us," "our"), governing your access to and use of our AI-powered website generation platform, including all related websites, applications, services, tools, and features (collectively, the "Service").
By accessing or using the Service, creating an account, completing our quiz funnel, submitting business information, or clicking "I Agree" or any similar acknowledgment, you confirm that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, you must not access or use the Service. If you are using the Service on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2. Eligibility
To use the Service, you must:
- Be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater.
- Have the legal capacity and authority to enter into a binding agreement.
- Not be a person barred from receiving services under the laws of any applicable jurisdiction.
- Provide accurate, current, and complete information as required during registration or when using the Service.
3. Description of Service
3.1 Overview
TradeSite.ai is an AI-powered software-as-a-service (SaaS) platform that generates professional websites for contractors, tradespeople, and service-based businesses. The Service utilizes artificial intelligence, automated research, and proprietary site-building technology to create websites based on information you provide and publicly available data about your business.
3.2 The AI Website Generation Process
The website creation process involves the following general stages:
- Information Collection: You provide business information through an interactive questionnaire, including your business name, services offered, service area, contact details, design preferences, and optionally photographs.
- Automated Research: Our system may research your business using publicly available sources, including your existing website and public business listings, to enrich and improve the generated website.
- Data Verification: You are presented with compiled business data and given the opportunity to review, correct, and confirm this information before the build continues.
- Website Generation: Using the verified data, our proprietary systems generate website content, select and process images, and construct your website configuration. This process combines AI-assisted content generation with our proprietary site-building technology.
- Quality Assurance: An automated review process checks the generated output for technical errors, placeholder content, and overall quality.
- Deployment: Your completed website is deployed and made available at a URL provided to you.
- Portal Access: You receive access to a client portal via one-time password (OTP) authentication, where you can view and manage your generated website.
3.3 Service Tiers
The Service is offered in the following tiers:
- Free Tier: A complimentary single-page landing page (preview website) generated from your quiz responses and AI research. The free tier is provided as-is, with limited customization options. Free tier websites may include TradeSite.ai branding. The free tier serves as a demonstration of our capabilities and is intended as a lead magnet for our paid services.
- Paid Tiers: Upgraded plans offering additional features, including but not limited to: multi-page websites, custom domain connections, removal of TradeSite.ai branding, advanced customization, priority support, and additional integrations. Paid tier features, pricing, and availability are subject to change at our discretion. Current pricing is displayed on our website and during the checkout process.
We reserve the right to modify, discontinue, or limit any service tier at any time, with or without notice. Free tier websites may be removed or deactivated after a period of inactivity, at our sole discretion.
4. Account Registration and Security
4.1 Account Creation
To access certain features of the Service, you may be required to create an account or provide identifying information. You agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy.
4.2 Authentication
We use one-time password (OTP) authentication delivered via SMS and/or email to verify your identity and grant access to your client portal. You are responsible for maintaining the security of your phone number and email address associated with your account.
4.3 Account Responsibility
You are solely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.
5. User Content and Data
5.1 Information You Provide
By using the Service, you submit various types of information, including but not limited to:
- Business name and legal entity information
- Contact information (name, email address, phone number)
- Business location and service areas
- Services offered and business descriptions
- Design and style preferences
- Photographs, including owner photographs and business images (collectively, "User Content")
5.2 Accuracy of Information
You represent and warrant that all information you provide is accurate, truthful, and not misleading. You are solely responsible for the accuracy and legality of User Content. We are not obligated to verify the accuracy of any information you provide.
5.3 License to User Content
By submitting User Content to the Service, you grant TradeSite.ai a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your User Content solely for the purpose of providing, maintaining, and improving the Service, including generating your website, displaying it publicly, and marketing the Service (with your consent where required).
5.4 Ownership of User Content
You retain all ownership rights in your original User Content (text, photographs, logos, and other materials you submit). This Agreement does not transfer ownership of your User Content to us.
5.5 Prohibited Content
You agree not to submit User Content that:
- Infringes any third-party intellectual property rights
- Contains defamatory, libelous, fraudulent, or misleading information
- Promotes illegal activities, hate speech, violence, or discrimination
- Contains malware, viruses, or other harmful code
- Violates any applicable law or regulation
- Contains personally identifiable information of third parties without their consent
- Is pornographic, obscene, or sexually explicit
6. AI-Generated Content Disclaimer
6.1 Nature of AI Output
A significant portion of the website content generated through the Service is created or assisted by artificial intelligence. AI-generated content may include website copy, image selections, design choices, color schemes, layout decisions, and supplemental images.
6.2 No Guarantee of Accuracy
AI-generated content is provided "as is" without any warranty of accuracy, completeness, or fitness for a particular purpose. While we strive to produce high-quality output, AI systems may produce content that is inaccurate, incomplete, inappropriate, or otherwise flawed. You acknowledge and agree that:
- AI-generated text may contain factual errors, inaccuracies, or misrepresentations about your business
- AI-generated images may not accurately represent your business, services, or work
- AI-generated design choices may not perfectly align with your brand identity
- Scraped data from public sources may be outdated, incomplete, or incorrect
6.3 User Responsibility for Review
You are solely responsible for reviewing all generated website content before and after publication. You agree to verify the accuracy of all information displayed on your generated website, including business details, service descriptions, contact information, images, and any claims made therein. We strongly recommend that you review your website promptly after generation and request corrections for any inaccuracies.
6.4 AI-Generated Images
When the system generates images using AI, these images are synthetic and may not accurately represent your actual business, facilities, team, or completed work. You acknowledge that AI-generated images are approximations and may require replacement with actual photographs for accurate representation.
7. Intellectual Property
7.1 Platform Ownership
The Service, including but not limited to its software, code, algorithms, AI models and prompts, design templates, user interface, graphics, trademarks, service marks, logos, and documentation, is the exclusive property of TradeSite.ai and is protected by copyright, trademark, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service itself.
7.2 Template and Design System Ownership
All website templates, design systems, component libraries, and configuration schemas used to generate websites remain the exclusive property of TradeSite.ai. Your license to use a generated website does not include the right to reverse-engineer, extract, or independently use our templates, build systems, or AI pipelines.
7.3 Generated Website License
Subject to your compliance with these Terms and payment of all applicable fees:
- Free Tier: You receive a limited, non-exclusive, revocable license to use your generated website for personal or business purposes, subject to the inclusion of TradeSite.ai branding and our right to remove or deactivate the website at any time.
- Paid Tiers: You receive a non-exclusive, worldwide license to use your generated website for personal or business purposes. This license remains in effect as long as your paid subscription is active and in good standing.
7.4 AI-Generated Content Ownership
AI-generated content (text, images, and design elements created by AI during the website generation process) is licensed to you for use in connection with your generated website. To the extent permitted by applicable law, you may use AI-generated content in connection with your business. However, AI-generated content may not be eligible for copyright protection in all jurisdictions, and TradeSite.ai makes no representations regarding the copyrightability of AI-generated works.
7.5 Feedback
Any feedback, suggestions, ideas, or recommendations you provide regarding the Service ("Feedback") shall become the exclusive property of TradeSite.ai. You hereby assign all right, title, and interest in any Feedback to us, without compensation.
8. Payment Terms
8.1 Pricing
Paid services are offered at prices displayed on our website or presented during the checkout process. All prices are in the currency specified at the time of purchase and are exclusive of applicable taxes unless otherwise stated.
8.2 Payment Processing
All payments are processed through Stripe, a third-party payment processor. By making a purchase, you agree to Stripe's Terms of Service and Privacy Policy. TradeSite.ai does not directly store your full credit card or payment details; all sensitive payment information is handled by Stripe in accordance with PCI-DSS standards.
8.3 Subscription and Recurring Billing
Certain paid tiers may be offered on a subscription basis with recurring billing. By subscribing, you authorize TradeSite.ai (through Stripe) to charge your payment method on a recurring basis at the agreed-upon interval (monthly, annually, or as otherwise specified). Subscriptions will automatically renew unless canceled before the next billing cycle.
8.4 Refund Policy
Due to the nature of AI-generated digital services, all sales are final and non-refundable unless otherwise required by applicable law. If you believe there has been a billing error, please contact us within 14 days of the charge at support@tradesite.ai. We may, at our sole discretion, offer credits, refunds, or other accommodations on a case-by-case basis.
8.5 Taxes
You are responsible for all applicable taxes (including VAT, GST, sales tax, or other similar taxes) arising from your use of paid services, except for taxes based on TradeSite.ai's net income. We may collect and remit taxes where legally required.
8.6 Price Changes
We reserve the right to change our pricing at any time. For active subscribers, price changes will take effect at the start of the next billing cycle following at least 30 days' notice.
9. Communications
9.1 Transactional Communications
By using the Service, you consent to receive transactional communications from us via SMS (text message) and email, including but not limited to:
- One-time passwords (OTP) for authentication
- Build status notifications (research progress, verification requests, deployment confirmations)
- Account-related alerts and security notices
- Payment confirmations and invoices
Transactional communications are necessary for the operation of the Service and cannot be opted out of while maintaining an active account.
9.2 Marketing Communications
With your express consent, we may send you marketing and promotional communications via SMS, email, or other channels. Marketing communications may include:
- Service updates and new feature announcements
- Promotional offers and discounts
- Tips for improving your website
- Industry-relevant content
You may opt out of marketing communications at any time by following the unsubscribe instructions included in each message, replying "STOP" to any SMS marketing message, or contacting us at support@tradesite.ai. Opting out of marketing communications does not affect transactional messages.
9.3 SMS Program Terms (A2P 10DLC Disclosures)
Program name: TradeSite LLC (tradesite.ai). By providing your phone number and checking the applicable SMS consent box(es) in our quiz funnel or otherwise opting in, you expressly consent to receive SMS text messages from TradeSite LLC sent via an automatic telephone dialing system. Consent is not a condition of purchase.
Message types you may receive:
- Transactional / account messages: one-time passwords for login, website build status updates, verification prompts, deployment confirmations, lead and inquiry alerts, and payment receipts.
- Marketing messages (with separate opt-in): feature announcements, promotional offers, tips for improving your website, and industry-relevant content.
Message frequency: recurring. Transactional messages: approximately 1–5 per website build, plus 1 per new lead received through your website. Marketing messages: up to 4 per month.
Cost: message and data rates may apply per your wireless carrier’s plan. TradeSite LLC does not charge you for SMS messages.
Opt-out: you may opt out of marketing SMS at any time by replying STOP to any marketing message. You will receive a one-time opt-out confirmation. After opting out, you will no longer receive marketing SMS, but you may still receive transactional messages necessary to operate your account.
Help: reply HELP to any SMS for assistance, or contact our customer support team at support@tradesite.ai.
Sample message: “TradeSite: Your verification code is 123456. Reply STOP to opt out, HELP for help. Msg&data rates may apply.”
Supported carriers: messages are deliverable across all major U.S. wireless carriers, including AT&T, T-Mobile, Verizon, US Cellular, and their affiliates. Carriers are not liable for delayed or undelivered messages.
No mobile information sharing: No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All categories of personal data we collect exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Your phone number is shared only with our licensed SMS communication providers for the sole purpose of delivering messages you have consented to receive. For full details, see our Privacy Policy, Section 7.3.
10. Data Collection, Storage, and Usage
10.1 Data We Collect
In connection with the Service, we collect and process the following categories of data:
- Account and Contact Data: Name, email address, phone number, business name, and business location
- Business Data: Services offered, service areas, business descriptions, and industry information
- Design Preferences: Style choices, color preferences, and layout selections
- Media: Owner photographs, business images, logos, and other uploaded files
- Scraped Data: Publicly available information from your existing website, Google Business Profile, and other public listings
- Generated Content: AI-generated website copy, images, and site configurations
- Usage Data: Interaction patterns, device information, IP addresses, browser type, and analytics data
- Payment Data: Transaction records (full payment card details are handled solely by Stripe)
10.2 Data Storage
Your data is stored in secure cloud databases and object storage systems. Data may be stored and processed in the United States and other jurisdictions where our service providers operate. By using the Service, you consent to the transfer and processing of your data in these jurisdictions.
10.3 Data Usage
We use your data for the following purposes:
- Generating and deploying your website
- Providing customer support
- Processing payments
- Sending transactional and, with consent, marketing communications
- Improving and optimizing the Service
- Training and improving our AI models and algorithms
- Complying with legal obligations
- Preventing fraud and abuse
- Conducting analytics and research
10.4 Data Sharing
We may share your data with third-party service providers who assist in operating the Service (see Section 14: Third-Party Services). We do not sell your personal data to third parties.
10.5 Data Retention
We retain your data for as long as your account is active or as needed to provide the Service. Upon account termination or request, we will delete or anonymize your personal data within a commercially reasonable time, subject to our legal obligations and legitimate business interests. Generated websites on the free tier may be deleted after a period of inactivity.
11. Privacy and Data Protection (GDPR/CCPA)
11.1 General Data Protection Regulation (GDPR)
If you are located in the European Economic Area (EEA), the United Kingdom, or Switzerland, the following provisions apply in addition to the rest of these Terms:
- Legal Basis for Processing: We process your personal data on the basis of: (a) your consent, (b) the necessity to perform a contract with you, (c) our legitimate business interests, and (d) compliance with legal obligations.
- Your Rights: You have the right to: access your personal data; rectify inaccurate data; erase your data ("right to be forgotten"); restrict processing; data portability; object to processing; withdraw consent at any time; and lodge a complaint with a supervisory authority.
- Data Transfers: Your data may be transferred to countries outside the EEA. Where such transfers occur, we ensure appropriate safeguards are in place, such as Standard Contractual Clauses (SCCs) approved by the European Commission.
- Data Protection Officer: For GDPR-related inquiries, contact us at privacy@tradesite.ai.
11.2 California Consumer Privacy Act (CCPA)
If you are a California resident, the following provisions apply in addition to the rest of these Terms:
- Right to Know: You have the right to request information about the categories and specific pieces of personal information we have collected about you, the categories of sources, the business purpose for collection, and the categories of third parties with whom we share personal information.
- Right to Delete: You have the right to request deletion of your personal information, subject to certain exceptions.
- Right to Opt-Out of Sale: We do not sell your personal information. If this practice changes, we will provide a "Do Not Sell My Personal Information" link and comply with all CCPA opt-out requirements.
- Right to Non-Discrimination: We will not discriminate against you for exercising your CCPA rights.
- Exercising Your Rights: To exercise your CCPA rights, contact us at privacy@tradesite.ai or by using the contact information provided in Section 20.
11.3 Cookies and Tracking Technologies
We use cookies, pixels, and similar tracking technologies to operate and improve the Service, analyze usage, and serve relevant advertising. For detailed information, please refer to our Privacy Policy.
12. Advertising and Marketing Disclosures
12.1 Advertising Platforms
TradeSite.ai advertises its services through various online platforms, including but not limited to Meta (Facebook and Instagram), Google Ads, and TikTok. By interacting with our advertisements and subsequently using the Service, you acknowledge the following:
12.2 No Guaranteed Results
TradeSite.ai does not guarantee any specific results, outcomes, or performance from using the Service. Any testimonials, case studies, demonstrations, or examples of generated websites shown in our advertising materials represent individual results and are not guarantees of what you will achieve. Results vary depending on numerous factors, including but not limited to the quality and completeness of information provided, your industry, geographic market, and individual business circumstances.
12.3 No Income or Revenue Guarantees
We make no representations or warranties that using our Service will result in increased revenue, leads, customers, or business growth. A website is one component of a business's online presence, and its effectiveness depends on many factors outside our control.
12.4 "Free" Offer Disclosures
Our free tier landing page is provided at no monetary cost. The free tier is fully functional within its described limitations and does not require a purchase. Paid upgrades are available but not required to access the free tier. The free landing page may include TradeSite.ai branding and may be subject to removal after a period of inactivity.
12.5 "AI-Powered" / "Built in Minutes" Claims
When we describe the Service as "AI-powered" or state that websites can be generated in approximately 15 minutes, these statements reflect typical performance under normal conditions. Actual generation times may vary based on system load, the complexity of your business data, availability of third-party services, and other factors. The "AI-powered" designation refers to the use of artificial intelligence technologies in the content generation and site-building process, not that the entire process is fully autonomous.
12.6 Tracking and Attribution
Our advertising campaigns may use tracking pixels, conversion APIs, and similar technologies from Meta, Google, TikTok, and other platforms to measure advertising effectiveness. This may involve sharing certain data (such as anonymized/hashed identifiers, conversion events, or device information) with these platforms in accordance with our Privacy Policy and applicable law.
13. Acceptable Use Policy
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party right
- Generate websites for illegal businesses or activities
- Impersonate another person or entity, or falsely represent your affiliation with a person or entity
- Submit false, misleading, or fraudulent business information
- Interfere with, disrupt, or overburden the Service or its infrastructure
- Attempt to gain unauthorized access to the Service, other accounts, or any computer systems or networks
- Use automated scripts, bots, or other tools to access the Service, except through our provided interfaces
- Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service
- Use the Service to create websites that contain malware, phishing content, or other harmful materials
- Resell, redistribute, or sublicense the Service or any part thereof without our written consent
- Use the Service to generate content that infringes upon third-party intellectual property rights
- Circumvent or manipulate any security measures, rate limits, or usage restrictions
Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account and access to the Service, without refund.
14. Third-Party Services
14.1 Service Providers
The Service relies on various third-party services to operate. By using the Service, you acknowledge and agree that your data may be processed by third-party providers in the following categories:
- AI and Machine Learning Providers: For content generation, image analysis, image generation, and quality assurance. Subject to each provider's respective terms of service.
- Cloud Infrastructure and Hosting Providers: For website hosting, deployment, content delivery, data storage, and server infrastructure. Subject to each provider's respective terms of service.
- Database and Authentication Providers: For data storage and authentication infrastructure. Subject to each provider's respective terms of service.
- Payment Processing Providers: For processing payments securely in accordance with PCI-DSS standards. Subject to each provider's respective terms of service.
- Communication Providers: For SMS and email delivery, including one-time passwords and transactional notifications. Subject to each provider's respective terms of service.
- Data Enrichment Providers: For gathering and processing publicly available business information. Subject to each provider's respective terms of service.
A current list of sub-processors is available upon request by contacting privacy@tradesite.ai. We maintain contractual safeguards with all third-party providers to protect your data in accordance with applicable data protection laws.
14.2 Third-Party Responsibility
TradeSite.ai is not responsible for the acts, omissions, policies, or practices of any third-party service provider. Your use of third-party services is at your own risk and subject to the respective third party's terms and conditions. We make no warranties or representations regarding the availability, reliability, or security of any third-party service.
14.3 Third-Party Links
The Service or generated websites may contain links to third-party websites or resources. We do not endorse and are not responsible for the content, products, or services available from such third-party resources.
15. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the foregoing, TradeSite.ai does not warrant that:
- The Service will be uninterrupted, error-free, secure, or available at any particular time or location
- Any defects or errors in the Service will be corrected
- The results obtained from using the Service will be accurate, reliable, or meet your requirements
- AI-generated content will be free from errors, biases, or inaccuracies
- Generated websites will achieve any specific performance, traffic, ranking, or conversion metrics
- The Service will be compatible with all devices, browsers, or operating systems
- Scraped data from third-party sources will be accurate, current, or complete
16. Limitation of Liability
16.1 Limitation on Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRADESITE.AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF TRADESITE.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRADESITE.AI'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO TRADESITE.AI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
16.3 Basis of the Bargain
The limitations of liability set forth in this section are fundamental elements of the agreement between you and TradeSite.ai. The Service would not be provided to you without these limitations.
16.4 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, TradeSite.ai's liability shall be limited to the maximum extent permitted by law.
17. Indemnification
You agree to indemnify, defend, and hold harmless TradeSite.ai, its officers, directors, employees, agents, partners, suppliers, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use or misuse of the Service
- Your violation of these Terms
- Your User Content or any content published on your generated website
- Your violation of any law, regulation, or third-party right
- Any claim that your User Content infringes or misappropriates a third party's intellectual property or other rights
- Any dispute between you and a third party related to your generated website
18. Termination
18.1 Termination by You
You may stop using the Service at any time. For paid subscriptions, you may cancel your subscription through the client portal or by contacting us at support@tradesite.ai. Cancellation takes effect at the end of the current billing period, and you will retain access to paid features until that time. No refunds are provided for partial billing periods.
18.2 Termination by Us
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to: violation of these Terms, fraudulent or illegal activity, non-payment, extended inactivity, or at our sole discretion for any reason.
18.3 Effects of Termination
Upon termination:
- Your right to use the Service and any generated websites immediately ceases (unless you have an active paid plan)
- We may delete your account data and generated websites, subject to our data retention obligations
- All provisions of these Terms that by their nature should survive termination will survive, including ownership, warranty disclaimers, indemnity, and limitations of liability
19. Dispute Resolution and Arbitration
19.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@tradesite.ai and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved without formal proceedings.
19.2 Binding Arbitration
If the dispute cannot be resolved informally, you and TradeSite.ai agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including the determination of the scope or applicability of this agreement to arbitrate) shall be resolved by binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or JAMS, at TradeSite.ai's election. The arbitration shall take place in the English language. The arbitrator's decision shall be final and binding.
19.3 Class Action Waiver
YOU AND TRADESITE.AI AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
19.4 Exceptions to Arbitration
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Additionally, claims within the jurisdiction of small claims court may be brought in such court.
19.5 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws provisions. For users in the European Union, nothing in these Terms affects your rights under mandatory consumer protection laws of your country of residence.
20. General Provisions
20.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and TradeSite.ai regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.
20.2 Amendments
We reserve the right to modify these Terms at any time. Material changes will be communicated through the Service, by email, or by posting the updated Terms on our website with a revised "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.
20.3 Severability
If any provision of these Terms is held to be invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.
20.4 Waiver
The failure of TradeSite.ai to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any term shall be effective only if in writing and signed by an authorized representative of TradeSite.ai.
20.5 Assignment
You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. TradeSite.ai may assign these Terms and its rights and obligations hereunder without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
20.6 Force Majeure
TradeSite.ai shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, labor disputes, power failures, internet or telecommunications failures, or third-party service outages.
20.7 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
20.8 Electronic Communications
By using the Service, you consent to receiving communications from us electronically (via email, SMS, or through the Service). You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
21. Contact Information
If you have any questions, concerns, or complaints regarding these Terms of Service, please contact us:
- Email: legal@tradesite.ai
- General Support: support@tradesite.ai
- Privacy Inquiries: privacy@tradesite.ai
- Website: https://tradesite.ai
By using TradeSite.ai, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use the Service.
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