Terms and Conditions

1. Overview

These Terms and Conditions ("Terms") govern your use of the website development and hosting services ("Service") provided by Bodega Dev ("we," "us," or "our"). By subscribing to or using our Service, you ("Customer," "you," or "your") agree to be bound by these Terms. If you do not agree, do not subscribe to or use the Service.

2. Service Description

Bodega Dev provides custom-built, professionally designed, SEO-optimized websites for local businesses, including bodegas, delis, corner stores, and convenience stores. The Service includes:

• Custom website design and development tailored to your business
• Website hosting and maintenance for the duration of your subscription
• Google Maps optimization and local SEO structured data
• Mobile-responsive design
• Three (3) rounds of revisions after initial site launch, plus one (1) revision per calendar month thereafter, as described in Section 6
• Ongoing support via text or email

As an optional add-on, we also offer Google My Business profile management for an additional monthly fee. The scope of the Google My Business add-on includes profile updates, photo uploads, post creation, and review response management.

3. Subscription and Billing

The Service operates on a month-to-month subscription basis. There is no setup fee and no long-term contract.

• Monthly Fee: The current rate for the website service is $200 per month. The optional Google My Business Management add-on is $50 per month.
• Billing Start: Your subscription and billing begin at the time of checkout. Your first payment is processed immediately upon subscribing.
• Recurring Charges: Your payment method will be automatically charged on a recurring monthly basis until you cancel.
• Payment Processing: All payments are processed securely through Stripe. We do not store your credit card information directly.
• Failed Payments: If a payment fails, Stripe will automatically retry the charge. If payment cannot be collected after multiple attempts, we reserve the right to suspend or terminate your website until the balance is resolved.
• Price Changes: We reserve the right to adjust pricing with at least thirty (30) days' written notice via email. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.

4. Refund Policy

All subscription payments are non-refundable. Because the Service involves significant upfront custom development work, no refunds will be issued for partial months or for any period during which the website was live and accessible. If you cancel your subscription, you will continue to have access to the Service through the end of your current billing period.

5. Website Development and Delivery

• Intake Form: After subscribing, you will be asked to complete an intake questionnaire providing details about your business, including store name, address, hours, menu items, photos, and other relevant information.
• Development Timeline: We aim to deliver your completed website within five (5) business days from the date you submit your completed intake form. The five-day period begins only after we receive a fully completed intake form with all required information.
• Delays: We are not responsible for delays caused by incomplete or missing information from the Customer. If we need to follow up for additional details, the five-day timeline pauses until the requested information is provided.
• Approval: Once your website is ready, we will share a preview for your approval before going live.

6. Revisions and Ongoing Updates

• Post-Launch Revisions: After your website goes live, you are entitled to three (3) rounds of revisions to the initial design at no additional cost. A "revision" includes reasonable changes such as text updates, image swaps, color adjustments, or layout modifications.
• Monthly Revision: After the initial three revisions are used, you are entitled to one (1) revision per calendar month as part of your subscription, provided the request is reasonable in scope as determined at our sole discretion. Examples include updating hours of operation, adding or removing menu items, swapping photos, or updating seasonal specials.
• Additional Revisions: Requests beyond the included revisions may be accommodated at our sole discretion at no extra charge, or may be subject to an additional fee for heavier development work. We will notify you in advance if a request will incur an additional cost.
• Scope of Revisions: Revisions apply to modifications of the existing website. Requests that constitute a full redesign, new feature development, or substantial structural changes are not considered revisions and will be quoted separately.

7. Cancellation and Termination

• Customer Cancellation: You may cancel your subscription at any time. Upon cancellation, your website will remain live through the end of your current paid billing period. At the conclusion of your last paid billing period, the website will be taken offline.
• Code Handoff: Upon cancellation, we will provide you with a complete copy of your website's source code. You are free to host and maintain the website independently after cancellation, though we will have no obligation to provide ongoing support, updates, or hosting after your subscription ends.
• Termination by Us: We reserve the right to suspend or terminate your Service at any time for non-payment, violation of these Terms, or any conduct that we determine, in our sole discretion, to be harmful to our business or other customers.
• Effect of Termination: Upon termination, all rights granted to you under these Terms will immediately cease, except for the code handoff described above.

8. Customer-Provided Content

• You are solely responsible for the accuracy, completeness, and legality of all content you provide for your website, including but not limited to store information, menu items, pricing, photographs, and business descriptions.
• You represent and warrant that you own or have the necessary licenses, rights, and permissions to use and authorize us to display all content you provide.
• We are not liable for any claims, damages, or losses arising from inaccurate, outdated, or misleading information displayed on your website that was provided by you.
• We reserve the right to refuse to publish any content that we deem, in our sole discretion, to be illegal, offensive, infringing, defamatory, or otherwise objectionable.

9. Intellectual Property

• Our Property: All website designs, code, frameworks, tools, and proprietary processes used to build and deliver your website remain our intellectual property.
• Your Content: You retain full ownership of all content you provide, including your store name, branding, photos, menu items, and business information.
• License to You: While your subscription is active, we grant you a non-exclusive, non-transferable license to use the website we build for you. Upon cancellation and code handoff, you receive a perpetual license to the delivered code for your own use.
• Portfolio Use: We reserve the right to display your website in our portfolio, marketing materials, and case studies. If you prefer not to be featured, please notify us in writing and we will remove your site from our promotional materials within a reasonable timeframe.

10. Uptime and Availability

• We strive to maintain 99% uptime for all websites hosted through our Service. This uptime commitment is measured on a monthly basis.
• Scheduled maintenance windows do not count toward downtime calculations. We will make reasonable efforts to notify you in advance of scheduled maintenance that may affect your site's availability.
• We are not responsible for downtime caused by factors beyond our reasonable control, including but not limited to third-party hosting provider outages, DNS propagation delays, internet service disruptions, natural disasters, or force majeure events.
• In the event uptime falls below 99% in a given calendar month (excluding scheduled maintenance and force majeure events), your sole remedy is a pro-rated credit toward your next month's subscription fee for the period of downtime.

11. No Guarantee of Results

While our websites are built with SEO best practices and are designed to improve your online visibility, we do not guarantee specific results, including but not limited to:

• Any particular search engine ranking or placement on Google, Google Maps, or any other platform
• A specific increase in foot traffic, phone calls, online orders, or revenue
• Any particular level of "Google visibility" or online impressions

Search engine rankings depend on numerous factors outside our control, including Google's algorithms, competitor activity, your location, customer reviews, and your Google Business Profile. Any statistics, testimonials, or performance claims referenced on our marketing site represent individual experiences and are not guarantees of future results. Your results may vary.

12. Limitation of Liability

To the fullest extent permitted by applicable law:

• Our total liability to you for any and all claims arising out of or related to the Service shall not exceed the amount you paid for the Service in the one (1) month immediately preceding the event giving rise to the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, lost profits, loss of business, loss of customers, or loss of data, regardless of whether such damages were foreseeable.
• We are not liable for any damages or losses resulting from changes to search engine algorithms, third-party platform policies, or other factors beyond our control.

13. Indemnification

You agree to indemnify, defend, and hold harmless Bodega Dev, its owners, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your use of the Service; (c) any content you provide for your website, including claims of copyright infringement, trademark infringement, false advertising, or defamation; or (d) your violation of any applicable law or regulation.

14. Data and Privacy

In connection with the Service, we collect and process certain personal information:

• Information Collected: We collect your name, email address, phone number (optional), and business information you provide through our payment processor and intake form.
• Use of Information: Your information is used to build and maintain your website, process payments, and send you service-related notifications.
• Third-Party Services: We use Stripe for payment processing, Resend for email notifications, and Google Forms for onboarding. Your data may be processed by these third parties in accordance with their respective privacy policies.
• No Sale of Data: We do not sell your personal information to third parties.

15. Modifications to Service and Terms

• We reserve the right to modify, update, or discontinue any aspect of the Service at any time, including changes to hosting providers, development tools, or website features.
• We reserve the right to update these Terms at any time. Material changes will be communicated to you via email at least fifteen (15) days before taking effect. Continued use of the Service after updated Terms take effect constitutes acceptance of the revised Terms.

16. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

Any disputes arising out of or related to these Terms or the Service shall be resolved in the state or federal courts located in New York County, New York, and you consent to the exclusive jurisdiction of such courts.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with any applicable privacy policy, constitute the entire agreement between you and Bodega Dev regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

19. Contact

If you have any questions about these Terms, please contact us at bodegadev.com@gmail.com.