Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of P3H's website builder platform and related services (collectively, the "Services") operated by P3H ("we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and our AI-Generated Content Terms, all of which are incorporated into these Terms by reference.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

2. Description of Services

P3H provides an AI-powered website builder platform that enables users to:

• Create and design websites using AI assistance
• Host websites on custom domains
• Access analytics and performance metrics
• Utilize AI-generated content and designs
• Deploy Customer AI assistants on published websites to interact with site visitors
• Collaborate with AI assistants for business optimization

The Services are provided on an "as is" and "as available" basis. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice or liability.

3. User Accounts

Account Creation

To use certain features of our Services, you must create an account. You agree to:

• Be at least 13 years of age (or the minimum age required in your jurisdiction)
• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access
• Not share your account or credentials with any third party

Account Termination

We reserve the right to suspend or terminate accounts at any time, for any reason, including but not limited to:

• Violation of these Terms or any applicable law
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Failure to pay fees when due
• Upon your request

Upon termination, your right to use the Services ceases immediately. We may delete your data in accordance with our data retention policies.

4. Acceptable Use Policy

You agree not to use the Services to:

• Violate any laws or regulations
• Infringe on intellectual property rights of any third party
• Distribute malware, viruses, or harmful code
• Engage in phishing, spamming, or fraudulent activities
• Harass, abuse, threaten, or harm others
• Create content that is defamatory, obscene, or offensive
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Use automated systems to access the Services without permission
• Resell or redistribute the Services without authorization
• Use AI features to generate content that infringes third-party rights
• Misrepresent AI-generated content as exclusively owned by you

We reserve the right to remove any content and terminate any account that violates this Acceptable Use Policy, without notice or refund.

5. Intellectual Property Rights

P3H's Intellectual Property

The Services, including all content, features, and functionality, are owned by P3H and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our written permission.

Your Content

You retain ownership of original content you create using our Services, subject to the limitations on AI-generated content described below. By using the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, display, and distribute your content solely for the purpose of providing and improving the Services.

AI-Generated Content

Content generated by our AI tools, including images, text, graphics, code, layouts, and design elements, is subject to important limitations regarding copyright protection and ownership. Under current U.S. copyright law, content generated solely by artificial intelligence is not eligible for copyright protection.

By using AI features on P3H, you acknowledge that:

• AI-generated content is generally not copyrightable under U.S. law
• You may not have exclusive rights to purely AI-generated content
• Others may independently generate identical or similar content
• You must not use AI tools to infringe on existing copyrights, trademarks, or other intellectual property rights

For complete terms regarding AI-generated content, including copyright implications, user responsibilities, assumption of risk, and liability limitations, you must review our AI-Generated Content Terms and Copyright Disclaimer, which is incorporated into these Terms of Service by reference and governs all use of AI features.

6. User-Published Content

You are solely responsible for all content you publish, display, or distribute through websites created using our Services. P3H does not endorse, verify, or guarantee the accuracy, legality, or appropriateness of any user-published content.

You represent and warrant that:

• You have all necessary rights to publish your content
• Your content does not infringe any third-party rights
• Your content complies with all applicable laws
• Your content does not contain false, misleading, or deceptive information

We reserve the right to remove any content that violates these Terms or that we deem objectionable, without notice or liability.

7. Payment Terms

Subscription Plans

Access to certain features requires a paid subscription. By subscribing, you agree to:

• Pay all fees according to your selected plan
• Provide accurate payment information
• Authorize recurring charges for subscription renewals

Billing and Cancellation

Subscriptions automatically renew unless cancelled. You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period.

Refunds

We offer a 365-day money-back guarantee for new subscriptions. After 365 days, fees are non-refundable except where required by law. Refunds are at P3H's sole discretion.

AI Tokens

Certain plans include a monthly allocation of AI tokens used for AI-powered features (e.g., chat interactions, image generation). Token usage rates are defined on our Pricing + Features page. Additional token packs may be purchased separately.

• Monthly token allocations reset at the start of each billing cycle
• Unused tokens do not roll over to subsequent billing periods
• Purchased token packs expire 365 days after purchase. Refunds of token packs are issued at P3H's sole discretion
• Token allocations and rates are subject to change with notice

Price Changes

P3H reserves the right to change subscription prices and token pack pricing at any time. We will provide at least 30 days' notice before any price increase takes effect for existing subscribers. Continued use of the Services after a price change constitutes acceptance of the new pricing.

Subscription Downgrades and Site Publishing

When you downgrade your subscription plan, your published site limit may decrease. If you have more published sites than your new plan allows:

• Excess sites will be automatically unpublished (set to draft status)
• Most recently published sites are unpublished first
• Your site content, pages, and settings are preserved
• You can republish sites by unpublishing others or upgrading
• Unpublished sites remain accessible in your builder for editing

We will notify you by email when sites are unpublished due to a plan change. Unpublished sites are not deleted—only their public visibility is removed.

8. Third-Party Services

Our Services integrate with third-party services including but not limited to:

• Payment processors (Stripe)
• Domain registrars
• Analytics providers
• AI providers (OpenAI, Anthropic)
• Cloud infrastructure and CDN providers (AWS, CloudFront)
• Authentication providers (Firebase/Google)
• Bot detection services (Google reCAPTCHA)

Your use of these services is governed by their respective terms and privacy policies. P3H is not responsible for, and makes no warranties regarding, third-party services. Any issues with third-party services must be resolved directly with the third-party provider.

9. Disclaimers and Limitations of Liability

No Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, P3H DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, P3H, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER P3H WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Maximum Liability

IN NO EVENT SHALL P3H'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO P3H IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100 USD).

10. Indemnification

You agree to indemnify, defend, and hold harmless P3H, its affiliates, officers, directors, employees, agents, suppliers, licensors, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any law or third-party rights
• Any content you create, publish, or distribute using the Services
• Your use of AI-generated content
• Any websites you create or publish using the Services
• Any claims by third parties related to your websites or content
• Your misrepresentation of ownership or rights in any content

This indemnification obligation shall survive the termination of your account and these Terms.

11. Force Majeure

P3H shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, failures of third-party providers, internet or telecommunications failures, cyberattacks, pandemics, government orders, or any other cause beyond P3H's reasonable control.

12. Governing Law and Dispute Resolution

Governing Law

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

Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the State of Texas. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

Class Action Waiver

YOU AND P3H AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

13. Changes to Terms

We reserve the right to modify these Terms at any time without prior notice. We will update the "Last updated" date at the top of this page when changes are made. Your continued use of the Services after any changes constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

14. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy and AI-Generated Content Terms, constitute the entire agreement between you and P3H regarding the Services and supersede all prior agreements, understandings, and communications.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. P3H's failure to enforce any provision shall not constitute a waiver of that provision.

Assignment

You may not assign or transfer these Terms or your rights under these Terms without P3H's prior written consent. P3H may assign its rights and obligations without restriction.

Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

15. Contact Information

If you have questions about these Terms, please contact us at contact@p3h.com or via our contact form.