SiteAndSell Terms of Service

Last updated: July 19, 2026

These Terms of Service ("Terms") are an agreement between you and Magic Mountain Software LLC, a Nevada limited liability company ("SiteAndSell", "we", "us"). They govern your use of the SiteAndSell service — the dashboard at app.siteandsell.com, the websites we generate and host for you, and everything else we provide under the SiteAndSell name (together, the "Service").

By creating an account or using the Service, you agree to these Terms, our Privacy Policy, and our Acceptable Use Policy. If you don't agree, don't use the Service.

If you are using the Service on behalf of a business, you're agreeing to these Terms for that business and you represent that you have the authority to do so.

1. What the Service is

SiteAndSell is an AI-powered website builder. You describe your business, and our software — using large language models from leading third-party AI providers — generates a website that we host for you on a siteandsell.com subdomain and, if you choose, on your own custom domain. You can edit your site by describing changes, roll back to earlier versions, receive contact-form messages from your site's visitors, and export your site at any time.

The Service is aimed at businesses and professional use. It is not intended for children (see Section 13).

2. Your account

• You need an account to use the Service. You can sign in with an email magic link or an email and password. You must provide a real email address you control.
• You are responsible for activity on your account and for keeping your sign-in method secure (that includes your email inbox — anyone who controls your inbox can sign in with a magic link). Tell us promptly at support@siteandsell.com if you suspect unauthorized access.
• One person or business per account. Don't share accounts or resell access.
• We use bot-detection (Cloudflare Turnstile) on sign-up. Automated account creation is not allowed.

3. Credits, plans, and billing

3.1 How credits work

AI actions on the Service (generating a site, editing a site, and similar features) consume credits. Credits are a unit of measure for the real computing cost of your AI usage: the number of credits an action costs depends on how much AI work it actually required, with small minimum charges per action. Typical costs (for example, roughly how many credits a full site generation or a small edit uses) are shown in the dashboard and on our pricing page. Because credit costs track actual usage, the exact charge for an action is determined after it completes, and your balance can occasionally dip slightly below zero; the shortfall is deducted from your next credits.

New accounts receive a small one-time grant of free credits so you can try the Service. The grant is currently 30 credits; we may change the amount for new sign-ups.

3.2 Plans and top-ups

You can buy credits two ways:

• Subscription plans — a monthly plan that grants a set number of credits each billing cycle at the price shown at checkout. Subscriptions renew automatically each month, and your payment method is charged each cycle at the then-current plan price, until you cancel. The plan price, the renewal frequency, and the credit grant are disclosed at checkout before you pay.
• Top-up packs — one-time credit purchases, at the price shown at checkout.

Credits come in two kinds, and they roll over differently. Plan credits (the monthly grant from a subscription, and the free signup grant) roll over from month to month up to a cap of three times your plan's monthly grant; monthly grants only top you up to that cap. Pay-as-you-go credits (one-time packs) do not expire while your account is open and are not subject to the cap. When you spend credits, plan credits are used first, then pay-as-you-go credits.

3.3 Cancelling

You can cancel your subscription at any time from your account via the "Manage subscription" button in the dashboard (Stripe customer portal) or by emailing support@siteandsell.com. Cancellation stops future renewals; it takes effect at the end of the current billing period, and you keep any credits already granted. We do not charge cancellation fees.

3.4 Refunds

Payments are processed by Stripe. Except where the law requires otherwise:

• Subscription fees are non-refundable once a billing period has started.
• Credits are non-refundable and have no cash value. They can't be transferred, resold, or redeemed for money.
• If we terminate your account without cause (not for a Terms or AUP violation), we will refund a pro-rated portion of prepaid, unused fees.

If something went wrong — a failed generation that still charged credits, a duplicate charge — contact us and we'll make it right, typically by re-crediting your account.

3.5 Price changes and taxes

We may change prices or plan contents. For subscriptions, changes take effect at your next renewal, and we'll give you at least 30 days' notice by email before a price increase applies to you. Prices may not include taxes; where required, tax is calculated and added at checkout.

4. Your content

4.1 You own it

"Your Content" means everything you provide to the Service: the text you write, prompts you enter, images and files you upload, business information you supply, and content you import from elsewhere. Your Content is yours. These Terms don't transfer any ownership of Your Content to us.

4.2 The license you give us

To run the Service, we need your permission to handle Your Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, cache, reproduce, adapt, transmit, and publicly display Your Content — solely as needed to provide, secure, and improve the Service (for example: rendering your site to visitors, creating backups and version history, resizing images, sending Your Content to our AI provider to generate or edit your site, and generating exports for you). This license ends when Your Content is deleted from the Service, except for residual copies in backups that are deleted on our normal backup cycle.

We do not sell Your Content, use it in our own marketing without your permission, or use it to train AI models.

4.3 Your responsibilities for Your Content

You represent and warrant that you own Your Content or have the rights needed to use it on the Service, and that it doesn't infringe anyone's intellectual property, privacy, or other rights. This includes content you migrate from another platform (for example, a site export from Squarespace or Wix): you may bring over content you own — your text, your images, your brand — but not the platform's templates, themes, stock assets, code, or designs. If you ask the AI to copy another site's or template's design, we may refuse.

You are the publisher of your website. You are responsible for what it says, for complying with laws that apply to your business (advertising rules, industry regulations, accessibility, your own privacy obligations to your visitors — see Section 8), and for the accuracy of AI-generated text you choose to publish.

5. AI-generated content

5.1 What you get

As between you and SiteAndSell, we assign to you all right, title, and interest we may have in the website content and designs the Service generates for your account ("Generated Output"), and you may use Generated Output for any lawful purpose, on or off the Service. You don't owe us anything further for that use.

5.2 Honest caveats

• Copyright in AI output is limited. Under current U.S. Copyright Office guidance, material generated entirely by AI — without meaningful human creative contribution — is not protected by copyright, and prompts alone generally don't count as authorship. Practically: the parts of your site you wrote or substantially shaped are yours to protect; purely machine-generated text or design may be in the public domain, and we can't promise otherwise. Nothing in these Terms creates copyright that the law doesn't recognize.
• No exclusivity. AI models can produce similar output for similar prompts. Other customers may receive text, layouts, or designs that resemble yours, and that isn't a breach of these Terms.
• Check the output. Generated text can be wrong, outdated, or unintentionally similar to existing material. Review what the AI writes — especially claims about your own business, prices, and anything with legal or health significance — before publishing it.

5.3 Our platform stays ours

The Service itself — our software, site-rendering engine, block templates, designs we provide as starting points, and everything else that isn't Your Content or your Generated Output — belongs to SiteAndSell and its licensors. We grant you a limited, non-exclusive, non-transferable license to use it as part of the Service. Sites exported with our static export include the rendered HTML/CSS of your site, which you may host anywhere.

6. Hosting, custom domains, and availability

• Your site is hosted on our infrastructure (built on Cloudflare) at a siteandsell.com subdomain we assign, and optionally at a custom domain you connect.
• We are not a domain registrar. You buy and own your domain elsewhere and point its DNS at us; you're responsible for keeping your registration and DNS in order. You represent that you own or control any domain you connect. When you connect a domain, we provision TLS certificates for it on your behalf.
• We work hard to keep sites up (published sites are served from a global edge network independent of our dashboard), but the Service is provided without an uptime guarantee.
• You can leave anytime with your content. The Service includes export of your full site content and a static copy of your rendered site. We will not hold your content hostage.

7. Acceptable use, abuse, and DMCA

• Your use of the Service and everything you publish must comply with our Acceptable Use Policy, which is part of these Terms. In short: nothing illegal, no phishing or malware, no infringement, no spam.
• We don't pre-screen sites, but we may review published sites (including with automated tools), and we may unpublish content or suspend accounts that violate the AUP — see the AUP for how enforcement works.
• Copyright complaints (DMCA): we respond to copyright infringement notices under the Digital Millennium Copyright Act. Send notices to our designated agent at Magic Mountain Software LLC, Copyright Agent, dmca@magicmountain.software (registered with the U.S. Copyright Office). We may remove allegedly infringing material and will terminate the accounts of repeat infringers. Full notice and counter-notice procedure: siteandsell.com/dmca.

8. Your site's visitors and their data

Your website may collect data from its visitors — today, chiefly contact-form submissions, which we store for you and email to you. For that data, you are the data controller (or "business") and SiteAndSell is your processor (or "service provider"): we handle visitor data only to provide the Service to you, as described in our Privacy Policy.

You are responsible for your own legal obligations to your visitors — including posting your own privacy policy on your site if the laws that apply to you require one, honoring visitors' privacy requests, and using submitted data lawfully (for example, don't add form submitters to a marketing list without a proper basis). If a visitor sends us a privacy request about data on your site, we'll refer them to you and reasonably assist you.

9. Suspension and termination

• You can stop using the Service and delete your account at any time. On deletion, your sites are unpublished. We retain your data for 90 days after account closure so you can change your mind or export, then delete it from production systems (backups follow our backup cycle).
• We may suspend or terminate your account if you materially breach these Terms or the AUP, if your usage threatens the Service or other customers, if we're required to by law, or for non-payment after notice. For AUP violations that pose immediate harm (phishing, malware, illegal content), we may unpublish first and notify you after. Where practical for other issues, we'll warn you and give you a chance to fix the problem first.
• We may also discontinue the Service entirely; if we do, we'll give you at least 60 days' notice and time to export your content.

10. Disclaimers

The Service is provided "as is" and "as available." To the fullest extent allowed by law, we disclaim all warranties, express or implied — including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, error-free, or that AI output will be accurate, high-quality, or suitable for your purposes. We rely on third-party providers (hosting, payments, email, AI models) and are not responsible for their outages or changes. No advice or information from us creates a warranty.

Some jurisdictions don't allow certain warranty disclaimers, so parts of this section may not apply to you.

11. Limitation of liability

To the fullest extent allowed by law:

• Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, even if advised of the possibility.
• Our total liability for all claims arising out of the Service is capped at the amount you paid us in the 12 months before the event giving rise to the claim (or $100 if you've paid nothing).
• These limits don't apply to your payment obligations, your indemnification obligations, or either party's liability that can't be limited by law (such as for willful misconduct).

You'll indemnify and defend us against third-party claims arising from Your Content, your website, or your violation of these Terms or the law.

12. Governing law and disputes

These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-laws rules. Disputes will be resolved in the state or federal courts located in Clark County, Nevada, and both parties consent to jurisdiction there.

These Terms deliberately contain no arbitration clause or class-action waiver.

If any provision of these Terms is found unenforceable, the rest remain in effect. These Terms, plus the policies they reference, are the entire agreement between us about the Service. We may not enforce a provision immediately and still enforce it later.

13. Children

The Service is not directed to children. You must be at least 18 years old (or the age of majority where you live) to use the Service.

14. Changes to these Terms

We may update these Terms as the Service evolves. If a change is material, we'll notify you by email or in the dashboard at least 14 days before it takes effect; continuing to use the Service after that date means you accept the change. If you don't accept, you may cancel and export your content. The "Last updated" date at the top always reflects the current version, and we keep prior versions available on request.

15. Contact

Magic Mountain Software LLC 304 S Jones Blvd #3330 Las Vegas, NV 89107, USA legal@siteandsell.com