Terms of Service

These Terms govern any service purchased from Webiyo LLC ("Webiyo," "we," "us"), a company based in Des Moines, Iowa. By signing up for a service, paying an invoice, or continuing to use an active service, you ("Client," "you") agree to these Terms.

1. The Services

Webiyo provides website design and development, search engine optimization (SEO), answer engine optimization (AEO), automation, and AI agent services, as described in the plan or proposal you agreed to. Two service types work differently, described below: one-time website builds, and ongoing monthly services.

2. Website Builds

Website builds are billed at a flat rate agreed to before work begins. Flat-rate pricing includes the number of revision rounds listed for your plan on our pricing page when you signed up. Each round is a single, consolidated list of changes you send us at one time. A new round after the included rounds is quoted separately, and we start it only after you approve the quote.

We are not obligated to begin, or continue, work on a build until the agreed deposit or full payment (per your invoice) has been received.

3. Ongoing Services (SEO, AEO, Automation, AI Agents)

Ongoing services are billed monthly, in advance, on the billing date stated on your invoice. These services are month to month, with no long-term contract. You may cancel at any time; cancellation takes effect at the end of the current billing period, and you will not be billed again after that. Cancelling does not refund the current period, per Section 6.

For SEO and AI visibility plans, the work each month is the number of major builds listed for your plan on our pricing page when you signed up, plus smaller fixes. We choose that work from your audit in the order we expect to help most, and we decide what counts as a major build. Add-ons, such as extra tracked locations, are billed monthly with your plan.

4. Fees and Payment

Invoices are due on the date stated. An invoice unpaid more than 10 days past its due date accrues a late fee of 1.5% per month on the outstanding balance, or the maximum allowed by Iowa law if lower. If a payment is late, we may pause active work, including AEO tracking, page publishing, and automation maintenance, until the account is current. A paused account is not covered by the guarantee in Section 5 for the period it was paused.

5. The AI Visibility Guarantee

For clients on an ongoing AEO/SEO plan: your AI visibility will go up within 90 days of your plan's start date, or we continue working at no additional charge for up to 60 more days. After that combined 150-day period, the guarantee is considered fulfilled whether or not visibility improved, and continued work is billed normally.

This guarantee applies only when all of the following are true for the full guarantee period:

You gave us real, working access to your website, Google Business Profile, and any other account we need, within 10 business days of signing.

You approved content and changes within 5 business days of us sending them. Delays on your end pause the 90-day clock for the number of days you took beyond that window.

No one else made major changes to your site, hosting, or listings without telling us first. A redesign, a hosting migration, or a competing vendor's changes made without our knowledge can void the guarantee for that period.

Your account was current on payment for the full period, per Section 4.

"AI visibility" means the metric we report to you weekly through Answer Check, defined in your onboarding materials and held constant for the length of your engagement. We will not change how we measure it mid-guarantee to make it easier or harder to hit.

6. Refunds

We do not issue refunds for work already performed. If you cancel an ongoing service, you keep access through the end of the period you already paid for, and are not billed again. If a website build is cancelled after work has started, fees for work completed are non-refundable; only the unearned portion of a deposit, if any, may be refunded at our discretion.

7. Access to Your Accounts

Delivering these services requires us to have login access to your website, hosting, domain registrar, Google Business Profile, and similar accounts. You grant us that access for the purpose of delivering the services you've purchased, and only for that purpose. We will not use this access for anything unrelated to your engagement, and will not share your credentials with anyone outside Webiyo.

8. Ownership

Once you've paid in full for a website build, you own the final website: its design, content, and configuration, as delivered. You do not own, and this agreement does not transfer, any of Webiyo's own pre-existing tools, code libraries, internal processes, or general methods, whether or not they were used in building your site. We may reuse our own general tools and know-how for other clients.

Any domain, hosting account, or third-party service account (Google Business Profile, GoHighLevel, etc.) that is registered in your name and paid for by you remains yours regardless of who manages it day to day.

You represent that you own, or have the right to use, any logo, photo, text, or other material you give us to use in your project, and you agree to cover us if that turns out to be false.

9. What We Don't Control

Search engines and AI systems (Google, OpenAI, Anthropic, Perplexity, and others) control their own algorithms and can change them at any time without notice. We do not control, and cannot guarantee, how these systems rank or cite any specific page, beyond the specific guarantee in Section 5. Results depend in part on factors outside our control, including your industry, your market, your competitors, and changes made by these third parties.

10. AI-Assisted Work

We use AI tools, including our own AI systems, as part of how we research, draft, and build the work we deliver to you. Every piece of AI-assisted content or code is reviewed by a person on our team before it's delivered to you, but AI tools can still make mistakes. We do not guarantee that AI-assisted work is completely free of errors, and you're responsible for reviewing anything we deliver before it goes live under your name or is used to make a business decision. If you find an error in something we've delivered, tell us and we'll fix it.

11. Third-Party Platform Actions

Google, hosting providers, domain registrars, GoHighLevel, and other platforms we connect on your behalf each have their own terms of service, and can suspend, restrict, or terminate an account for any reason under those terms, including reasons unrelated to anything we did. We are not liable for a platform's decision to suspend, restrict, or remove your account, listing, or content, even if we manage that account for you. We will help you respond to a suspension as part of your active service, but we cannot guarantee a platform will restore access.

12. Automated Messaging and Text Communications

Some of our services include automated text messaging (SMS) to your customers, such as missed-call text-back or appointment reminders. Federal law (the Telephone Consumer Protection Act) requires that a business have the recipient's prior consent before sending automated or marketing text messages to their phone.

You are solely responsible for obtaining and documenting proper consent from your own customers before we activate any automated texting on your behalf. We build and configure the tool; we do not verify, and are not responsible for, whether your business has the legal right to text a specific customer. You agree to indemnify us against any claim, fine, or lawsuit arising from a text sent through a tool we built or configured for you, to the extent it resulted from your business's use of it or your failure to obtain proper consent.

Every automated text message we configure includes a way to opt out (such as replying STOP), and we will not knowingly help you remove that.

If we ever text you directly as part of managing your account, we will only do so with your consent, and you can opt out at any time by replying STOP or telling us directly.

13. Uptime and Site Availability

We will act promptly to restore your site if it goes down for any reason, during business hours, as part of your active service. We are not liable for downtime, or for any losses that result from it (lost sales, leads, or otherwise), including in cases where a change we made was a contributing cause. This does not limit liability for damage caused by our gross negligence or intentional misconduct, where applicable law does not allow that liability to be limited.

14. Your Responsibilities

You're responsible for the legality of your own business, products, services, and content. If your business operates in a regulated industry (such as legal, medical, or financial services), you're responsible for ensuring your content and marketing meet your industry's specific compliance rules; we are not your compliance officer and don't review work for industry-specific regulatory requirements unless separately agreed in writing.

You agree not to use our services for content or tactics that violate the terms of service of the platforms involved (including Google, Meta, and any hosting or CRM platform we connect for you), including manipulative SEO or AEO tactics (such as buying links from link farms, cloaking, or keyword stuffing) carried out by you or a third party you separately hire. A ranking or visibility penalty caused by tactics we didn't perform is not covered by the guarantee in Section 5 and is not our responsibility.

You agree to indemnify and hold Webiyo harmless from any claim arising from your business, your content, or your instructions to us, including claims that your content infringes someone else's rights or violates a law or platform policy.

We may suspend or terminate service immediately, without refund, if your business or content is illegal, fraudulent, or violates the terms of a platform we've connected on your behalf.

15. Using Our Work in Our Portfolio

We may reference your business name, show screenshots of work we've completed for you, and describe general results (such as traffic or visibility changes) in our own marketing, portfolio, and case studies, unless you tell us in writing that you'd like to opt out. We will never share information you've told us is confidential under Section 16, and we will not publish specific financial details (like your revenue) without your separate written permission.

16. Confidentiality

Each party will keep the other's non-public business information confidential, and use it only to perform this agreement.

17. Limitation of Liability

Except for the specific carve-outs above, Webiyo's total liability under this agreement, for any claim, is capped at the total fees you paid us in the 12 months before the claim arose. Neither party is liable to the other for indirect, incidental, or consequential damages, including lost profits, even if advised they were possible.

18. Term and Termination

This agreement continues until either party ends it under Section 3 (ongoing services) or a build is completed and paid in full. Upon cancellation, we will provide full access and credentials to any client-owned accounts within 14 days, and may revoke our own access to them after that point.

19. Dispute Resolution

Any dispute arising from this agreement will be resolved through binding arbitration on an individual basis, and not as a class, collective, or representative action. This means both parties give up the right to a jury trial or to participate in a class action.

20. Governing Law

This agreement is governed by the laws of the State of Iowa, without regard to its conflict-of-law rules.

21. General

Whoever signs this agreement, or accepts it electronically, confirms they are at least 18 years old and authorized to bind their business to it. An emailed approval or a clicked acceptance counts as a valid signature. We may use subcontractors and AI tools to help deliver services; you consent to that as part of this agreement.

If any part of this agreement is found unenforceable, the rest remains in effect. This agreement, plus your signed proposal or invoice, is the entire agreement between us. We may update these Terms; continued use of an active service after an update means you accept the change. Neither party may assign this agreement without the other's consent, except to a successor in a merger or sale of the business. Neither party is liable for a delay or failure to perform caused by events outside its reasonable control, including natural disasters, internet or platform-wide outages, or government action.

22. Contact

Questions about these Terms: info@webiyo.tech