Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between you and [[FABRICATED-PLACEHOLDER: SGEN, Inc., a Delaware corporation, with its registered address at 000 Example Street, Suite 000, City, State ZIP, Country]] ("SGEN," "we," "us," or "our"). By creating an account, accessing, or using the SGEN service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the service.

If you are using SGEN on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms, and "you" includes that organization. You must be at least [[FABRICATED-PLACEHOLDER: 18]] years old, or the age of majority in your jurisdiction, to use SGEN.

OWNER to supply: legal entity name, entity type, jurisdiction of incorporation, and registered address. COUNSEL to confirm: acceptance mechanism, minimum age, and whether a separate signed order form is required for paid or Enterprise plans.

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2. The SGEN service

SGEN is a hosted website-building platform. The service includes the content engine, the dashboard platform layer, and 23 native modules across 7 categories that you use to build, run, and manage websites. SGEN hosts the sites you build and serves them to your visitors.

Every plan, including the free Sandbox, includes the Foundation Pack: hosting, SSL certificates, a content delivery network (CDN), a web application firewall (WAF), and ongoing security patching, at no additional charge. Paid plans also include the multi-site dashboard for managing more than one site.

As part of operating the service, SGEN processes data on your behalf, including: form submissions captured by your sites (which may contain personal information about your visitors), first-party, privacy-focused analytics, and payments that your sites take through our integrations with Stripe and PayPal. For that visitor data, you are the data controller and SGEN acts as your data processor. The terms of that relationship are set out in the Data Processing Agreement, which is incorporated into these Terms by reference. For payments, Stripe and PayPal are the payment processors; SGEN facilitates the connection but does not act as the merchant of record for your customers' transactions.

The service evolves over time. Features described as "coming soon" are not part of the current service and are not guaranteed. We may add, change, or remove features.

COUNSEL to confirm: the "as provided, features may change" framing, the merchant-of-record characterization for Stripe and PayPal flows, and the notice and remedy where a change is material and adverse to a paid plan.

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3. Your account

To use most of the service you create an account. You agree to provide accurate information and to keep it current. You are responsible for safeguarding your login credentials and for all activity that occurs under your account.

SGEN provides role-based access control through the Users and Roles module, so an organization can grant team members different levels of access. The account owner is responsible for the roles they assign and for the actions of the users they invite. Notify us promptly at the contact in Section 15 if you believe your account has been accessed without authorization.

COUNSEL to confirm: credential-security and account-responsibility wording.

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4. Plans, billing, and the free Sandbox

SGEN is sold as a single, all-inclusive platform. There is no separate add-on or "suite" charge: each plan includes the full platform at that tier. You choose a plan, and you can change plans as your needs change. Plans are priced by the number of live sites you run, not by feature bundles, starting from a published entry rate and rising by site count up to a published ceiling.

The free Sandbox. The Sandbox is free for as long as you use it. It includes the full feature set but serves only to a staging URL: it is not published to a custom domain and is not publicly live.

Billing. Paid plans are billed in advance on a monthly or annual cycle, in [[FABRICATED-PLACEHOLDER: US dollars (USD)]]. Annual billing is charged once per year at the annual rate; monthly billing is charged each month at the monthly rate.

Trial. Paid plans may offer a trial period.

Cancellation and refunds. You can cancel anytime. On cancellation, charges are prorated to the cancellation date and any unused prepaid amount is refunded on that prorated basis.

Taxes and late payment. Prices may be exclusive of applicable taxes, and late or failed payments may result in suspension under Section 9.

• OWNER to supply: billing currency, the published entry rate and ceiling rate, and any usage or inactivity limits on dormant free accounts.
• COUNSEL to confirm: auto-renewal disclosure and renewal-notice requirements (for example, California and EU auto-renewal laws), trial terms and what happens at trial end, the binding refund and proration wording (including whether it applies to annual prepayments and any non-refundable items), tax handling (inclusive or exclusive of VAT, GST, or sales tax), and the late-payment and grace-period policy.

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5. Acceptable use

You agree not to use SGEN, or the sites you host on it, to:

• violate any law or regulation;
• host or distribute malware, phishing, or other malicious content;
• attempt to breach, probe, or circumvent the security of the platform, the WAF, or other customers' sites or data;
• send spam or unsolicited bulk communications;
• infringe others' intellectual-property or privacy rights;
• abuse platform resources (for example, crypto-mining, traffic relays, or workloads that degrade service for others); or
• build sites whose primary purpose is illegal or that we are required by law to remove.

Some industries are regulated. SGEN offers an Age Verification module that lets operators age-gate sites in sectors such as alcohol or cannabis. Using it does not transfer to SGEN the operator's own legal responsibility for compliance in their jurisdiction; that responsibility remains with you.

We may investigate suspected violations and take action under Section 9 (Suspension and termination).

COUNSEL to confirm: the prohibited-conduct list is complete for SGEN's risk profile, and the enforcement and notice mechanism.

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6. Your content, and who owns what

You own your content. The text, images, designs, data, and other materials you upload or create on SGEN, and the websites you build, remain yours. These Terms do not transfer ownership of your content to SGEN.

The license you give us. To operate the service, you grant SGEN a limited, non-exclusive, worldwide license to host, store, copy, transmit, display, and serve your content solely to provide and support the service: for example, serving your site to your visitors over the CDN, generating backups, and routing form submissions and payments. This license ends when your content is deleted or your account is closed, except for copies retained in backups for the retention window in the Privacy Policy and DPA, and copies we must keep by law.

Visitor data on your sites. For personal data collected from your site's visitors (form submissions, analytics, payment flows), you are the controller and SGEN is your processor; that relationship is governed by the Data Processing Agreement.

Feedback. If you send us suggestions or feedback, you grant us a perpetual, royalty-free license to use it to improve the service, with no obligation to you.

COUNSEL to confirm: the feedback-license and content-license scope.

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7. Intellectual property

The SGEN platform, including the content engine, the dashboard, the 23 modules, the software, templates, designs, trademarks, and documentation we provide, is owned by SGEN or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the platform during your subscription, subject to these Terms. You may not copy, resell, reverse-engineer, or create derivative works of the platform itself, except as the law expressly permits.

This section does not affect your ownership of your own content under Section 6.

COUNSEL to confirm: IP-ownership boundaries, template and asset licensing, and any open-source notices.

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8. Uptime and service levels

SGEN aims to keep the service and the sites it hosts available with high reliability, supported by the Foundation Pack infrastructure (CDN and WAF). The committed availability target, the measurement method, and any service-credit remedy are a commercial commitment SGEN must set, and are not published here until owner-confirmed.

Scheduled maintenance, emergency security patching, force-majeure events, and outages caused by your own configuration, third-party integrations (including Stripe and PayPal), or content are typically excluded from any uptime measurement.

OWNER to supply: the committed availability percentage, the measurement method, any service-credit remedy, and which plans carry an uptime commitment (the free Sandbox likely carries none). COUNSEL to confirm: the exclusions list and SLA tier eligibility.

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9. Suspension and termination

By you. You may stop using SGEN and close your account at any time, with billing prorated per Section 4.

By us. We may suspend or terminate your access if you breach these Terms (including the Acceptable Use policy), if your payment fails after a [[FABRICATED-PLACEHOLDER: 14-day]] grace period, or if we are required to by law. Where practical and not legally prohibited, we will give notice and an opportunity to cure before terminating for breach. We may suspend immediately, without prior notice, to stop active harm, such as a security threat, an ongoing attack, or illegal content.

What happens to your data. On termination, we will make your content available for export for a reasonable period, after which it may be deleted in line with the retention schedule in the Privacy Policy and DPA. Sections 6, 7, 10, 11, 12, and 13 survive termination.

OWNER to supply: the grace-period length, the export window, and the post-termination deletion timeline. COUNSEL to confirm: the suspension and termination grounds, notice-and-cure mechanics, and survival of clauses.

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10. Warranties and disclaimers

Except as expressly stated in these Terms, the service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. SGEN does not warrant that the service will be uninterrupted, error-free, or completely secure, or that it will meet your specific requirements. You are responsible for the lawfulness and accuracy of the sites and content you build.

COUNSEL to draft and confirm: this section is a legal judgment. Confirm the disclaimer scope and any consumer-law carve-outs (some jurisdictions prohibit excluding certain warranties).

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11. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. SGEN's total aggregate liability arising out of or relating to these Terms or the service will not exceed [[FABRICATED-PLACEHOLDER: the amount you paid SGEN for the service in the 12 months before the event giving rise to the claim]].

OWNER and COUNSEL to set: the liability-cap figure and its basis. Do not publish any cap figure until counsel sets it, and do not describe any cap as an industry norm or as "typical." Confirm whether any carve-outs apply (for example, indemnity obligations, breaches of confidentiality, or amounts that cannot be limited by law).

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12. Indemnification

You agree to indemnify and hold SGEN harmless from third-party claims arising out of the content you publish, your use of the service in violation of these Terms, or your violation of law or the rights of others. SGEN will indemnify you against third-party claims that the SGEN platform itself, as provided, infringes that third party's intellectual-property rights, subject to [[FABRICATED-PLACEHOLDER: standard exclusions for modifications you make, combinations with non-SGEN materials, and your content]]. Each party's indemnity is conditioned on prompt notice, reasonable cooperation, and control of the defense.

COUNSEL to confirm: direction (one-way versus mutual), scope, and procedure.

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13. Governing law and disputes

These Terms are governed by the laws of [[FABRICATED-PLACEHOLDER: the State of Delaware, USA]], without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located in [[FABRICATED-PLACEHOLDER: New Castle County, Delaware]], unless an arbitration provision applies.

OWNER and COUNSEL to set: governing-law jurisdiction, venue, and any arbitration or class-action-waiver provisions. Decide between litigation and binding arbitration, and whether to include a class-action waiver and an informal dispute-resolution step. Leave the binding text unwritten until set.

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14. Changes to these terms

We may update these Terms from time to time. When we make a material change, we will update the "Last updated" date above and notify you by [[FABRICATED-PLACEHOLDER: email and/or an in-dashboard notice]] before the change takes effect. Your continued use of the service after a change becomes effective means you accept the updated Terms. If you do not agree to a change, you may cancel under Section 4 before it takes effect.

COUNSEL to confirm: the notice method and the advance-notice period for material changes.

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15. Contact

Questions or legal notices about these Terms can be sent to [[FABRICATED-PLACEHOLDER: legal@example.com]] or by mail to [[FABRICATED-PLACEHOLDER: SGEN, Inc., 000 Example Street, Suite 000, City, State ZIP, Country]]. You can also contact our team.

OWNER to supply: legal entity name, notices email, and notices postal address.