Terms of Service

These Terms of Service ("Terms") are an agreement between you and GridandMark LLC, a California limited liability company doing business as Grid+Mark ("Grid+Mark," "we," "us"). They cover your use of gridandmark.com, the Grid+Mark dashboard, and the websites and services we provide (together, the "Service").

By starting a free trial, subscribing, or using the Service, you agree to these Terms and to our Privacy Policy. If you're accepting on behalf of a company, you confirm you're authorized to bind it, and "you" means that company.

Please read Section 15 carefully. It requires disputes to be resolved by individual binding arbitration and waives class actions and jury trials.

1. Who the Service is for

Grid+Mark builds, hosts and maintains websites for builders, contractors and other businesses. The Service is for business use only. You must be at least 18 and able to form a binding contract. You're responsible for keeping your login secure and for everything that happens under your account. Tell us right away at kathryn@gridandmark.com if you think your account has been compromised.

2. What we provide

Depending on your plan (Blueprint, Buildout or Flagship), the Service includes a website designed and built by Grid+Mark, hosting, a dashboard for editing content and seeing leads and visits, connecting your own domain, and the other features described on our pricing page when you subscribe. We may improve, change or retire features over time. If we remove something central to your plan, we'll tell you in advance, and you can cancel.

We aim to keep sites online and fast, but we don't guarantee uninterrupted service. Planned maintenance and outages at our hosting and infrastructure providers can happen.

3. Free trial

New subscriptions start with a 30-day free trial. We collect a payment method when you start.

• If you don't cancel before the trial ends, your subscription starts automatically and we charge the plan price you chose, monthly or annually, to your payment method on file.
• Cancel anytime during the trial from your dashboard (Billing) and you won't be charged.
• One free trial per business.

4. Subscriptions, billing and automatic renewal

Your subscription renews automatically at the end of each billing period (every month or every year, depending on the plan you chose) until you cancel. By subscribing, you authorize us and our payment processor, Stripe, to charge your payment method for each renewal at the then-current price, plus any applicable taxes.

• Prices. Plan prices are listed on our pricing page and shown at checkout. Any setup fee shown as waived is not charged.
• Price changes. We'll email you at least 30 days before a price change takes effect. The new price applies from your next renewal after that notice. If you don't want to continue at the new price, you can cancel before it takes effect.
• Annual plans. We'll email you a reminder 15 to 45 days before your annual plan renews, with the renewal date, price and how to cancel.
• Changing plans. Upgrades and downgrades are prorated, so you're charged or credited for the difference for the rest of the current period.
• Failed payments. If a payment fails, we'll email you and Stripe will retry the charge over about two weeks. Your site stays live while we retry. If the payment still hasn't gone through after the final retry, your subscription ends and your site goes offline (see Section 6).

5. Cancelling and pausing

You can cancel at any time, entirely online. Go to your dashboard, open Billing, and choose Manage plan and billing. You don't need to call or email us.

• Monthly plans. Cancellation takes effect at the end of the month you've already paid for. Your site stays live until then.
• Annual plans. Cancellation takes effect at the end of your current annual term. Your site stays live until then. Annual plans are discounted in exchange for the full-year commitment, so we don't refund the unused part of an annual term.
• Pausing (monthly plans only). You can pause a monthly plan for one to three months. Your site stays live through the period you've already paid for, then goes offline while paused. It comes back automatically when the pause ends. If you resume early, we charge for the days remaining in that billing month.
• Refunds. Payments are non-refundable, and we don't give credits for partial billing periods, except where the law requires it. If you think you were charged in error, email us within 60 days and we'll make it right.

6. When your subscription ends

When a cancellation takes effect, or a subscription ends after failed payments:

• Your site goes offline. Visitors see a short "This site is offline" page.
• You can still sign in to your dashboard and reactivate your site. Reactivating starts a new paid subscription (with no new free trial) and puts the site back online as it was.
• We keep your site and account data for 90 days after your subscription ends. After that, we permanently delete your site, its content, your uploaded files, your leads and your analytics. Reactivation after that point means rebuilding the site. We keep billing and tax records for as long as the law requires.
• During those 90 days you can ask us to export Your Content (Section 7) and your leads. Email kathryn@gridandmark.com and we'll send them to you.
• Your domain is yours. We'll help you point it elsewhere.

7. Who owns what

Your Content. You own the materials you give us or add yourself: your photos, logos, project images, and the text you write. We call this "Your Content." You give Grid+Mark a non-exclusive, worldwide, royalty-free license to host, copy, adapt, display and distribute Your Content as needed to provide the Service. That license ends when we delete Your Content, as described in Section 6.

Grid+Mark Materials. We own the website design, layouts, templates, code, software, the dashboard, and any copy that Grid+Mark writes or rewrites for you ("Grid+Mark Materials"). While your subscription is active, we give you a limited, non-exclusive, non-transferable license to use Grid+Mark Materials as part of your Grid+Mark site. That license ends when your subscription ends. We don't sell, transfer or license a site's design, code or copy for use outside the Service.

Your domain. You own any domain you register. We never take ownership of it.

Showcasing your site. We may show your site's design, with your business name, in our portfolio and marketing. If you'd rather we didn't, email us and we'll stop.

Feedback. If you send us suggestions, we can use them without owing you anything.

8. Your responsibilities

You confirm that you have the rights to Your Content, and that it, and everything you tell your visitors on your site, is accurate and lawful. That includes license numbers, certifications, insurance, awards, reviews and claims about past projects. You agree not to use the Service to:

• break any law, or infringe anyone's intellectual property, privacy or publicity rights;
• publish content that is false or misleading, defamatory, hateful, sexually explicit, or that promotes violence;
• send spam or unsolicited messages through site forms, or collect personal information you aren't allowed to collect;
• upload malware, probe or attack the Service, or get around its security or usage limits;
• resell or sublicense the Service, or copy our designs or templates for use elsewhere.

Visitor information on your site. Your site's contact and lead forms collect information from your visitors on your behalf. You decide how you use those leads, and you're responsible for using them lawfully. That includes having a privacy notice on your site. We process this information only to run the Service for you, as described in our Privacy Policy.

We may remove content or suspend a site that breaks these rules or puts the Service or other people at risk. When we can, we'll tell you first and give you a chance to fix it.

9. Copyright complaints

If you think something on a site we host infringes your copyright, send a notice to kathryn@gridandmark.com or to GridandMark LLC, 1300 Kobbe Avenue, Unit B, San Francisco, CA 94129. Include:

• the work you say is infringed, and where the material is on our Service;
• your contact information;
• a statement that you have a good-faith belief the use isn't authorized;
• a statement, under penalty of perjury, that your notice is accurate and that you are the owner or are authorized to act for the owner;
• your physical or electronic signature.

We respond to valid notices and, in appropriate cases, end the accounts of repeat infringers.

10. Third-party services

The Service relies on other providers, including Stripe for payments, Cloudflare for hosting, and Google for some sign-ins and fonts. If you connect a third-party service (for example, an Instagram feed), your use of it is also governed by that provider's terms. We aren't responsible for third-party services we don't control.

11. AI-assisted work

We use software tools, including AI tools, to help draft copy and build and maintain sites. People at Grid+Mark review the work before it goes live. You're responsible for checking that the facts on your site about your business are correct.

12. Disclaimers

We work hard to build sites that bring you business, but we don't guarantee any particular number of leads, search rankings, traffic or sales. Except as expressly stated in these Terms, the Service is provided "as is" and "as available," and to the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of liability

To the fullest extent the law allows:

• neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, leads or data, even if it was told they were possible; and
• each party's total liability arising out of or relating to these Terms or the Service is limited to the amount you paid Grid+Mark in the 12 months before the event that gave rise to the claim.

These limits don't apply to your payment obligations or to your obligations under Section 14.

14. Indemnity

You'll defend and indemnify Grid+Mark against any third-party claim, and the resulting losses and costs (including reasonable attorneys' fees), that arises from Your Content, from your use of the Service in breach of these Terms, or from your use of leads and visitor information.

15. Disputes and arbitration

Talk to us first. Before filing a claim, email kathryn@gridandmark.com with a description of the issue. Both sides will try in good faith to resolve it within 30 days.

Binding arbitration. If we can't resolve it, any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration. It will be administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in San Francisco, California, or by video if both sides agree. The arbitrator's award can be entered as a judgment in any court with jurisdiction.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may also ask a court for an injunction to stop infringement or misuse of its intellectual property.

Class action and jury waiver. Claims may be brought only on an individual basis, not as a plaintiff or class member in any class, collective or representative proceeding. The arbitrator can't consolidate claims of more than one party. You and Grid+Mark each waive the right to a jury trial. If this class-action waiver is found unenforceable for a claim, that claim will go to court instead of arbitration, but the rest of this section still applies.

16. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act. For any matter that isn't arbitrated, the state and federal courts in San Francisco County, California, have exclusive jurisdiction.

17. Changes to these Terms

We may update these Terms. If a change is material, we'll email account holders and post the updated Terms at least 30 days before it takes effect. If you keep using the Service after that, you accept the change. If you don't agree with it, you can cancel before it takes effect.

18. General

These Terms, together with our Privacy Policy and any order or checkout details, are the entire agreement between us about the Service.

• If any part of these Terms is unenforceable, the rest still applies.
• If we don't enforce a right right away, we haven't waived it.
• You can't assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Neither party is responsible for delays caused by events beyond its reasonable control.
• Sections that by their nature should survive the end of these Terms will survive, including ownership, disclaimers, limitation of liability, indemnity and disputes.

19. Contact

GridandMark LLC (Grid+Mark) · 1300 Kobbe Avenue, Unit B, San Francisco, CA 94129 · kathryn@gridandmark.com