Terms of Service

1.1 Acceptance of Terms

By using Hex's services, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must not use our services. Your continued use of our services signifies your understanding and acceptance of all terms and conditions.

1.2 Modifications

Hex reserves the right to update or modify these Terms at any time. Continued use of our services after changes are posted constitutes acceptance of the revised Terms. Clients are responsible for reviewing these Terms periodically to stay informed of any updates.

1.3 Eligibility

You must be at least 18 years old and legally capable of entering into a contract to use our services. By using our services, you confirm that you meet these eligibility requirements. Hex reserves the right to suspend or terminate accounts that violate these eligibility conditions.

1.4 Prohibited Activities

You agree not to use our services for unlawful activities, including but not limited to:

• Hosting or distributing illegal content, malware, or fraudulent materials.
• Engaging in spamming, hacking, or unauthorized access to any system.
• Violating intellectual property rights or privacy laws.
• Using the website for deceptive, misleading, or unethical business practices, including false advertising or financial scams.
• Hosting or promoting content that incites violence, discrimination, or any form of hate speech.

2.1 Website Ownership

Hex retains full ownership of all backend code and hosting environment associated with websites we design, develop, and host. However, clients receive full access and control over the visual design, structure, and content of their website. This includes the ability to manage layout, text, images, and branding elements. Ownership of the backend code or server environment is not transferred unless explicitly stated in a separate, written agreement.

2.2 Source Code & Download Restrictions

Clients do not receive the source code, backend files, or a downloadable version of the website's server-side code. All intellectual property rights, including but not limited to backend website code and server infrastructure, remain the property of Hex. Clients retain control over their visual design elements and on-page content.

2.3 Content Ownership

Clients retain ownership of their business's unique content (such as text, images, and branding elements) provided to Hex for use on the website. They also maintain full rights to update, manage, and control this content through the website's content management system.

2.4 Third-Party Content & Licenses

If Hex incorporates third-party content, plugins, or software into the website, clients must adhere to the respective licensing terms of those third-party elements.

3.1 Access to Website

Clients may access and use their website only while they maintain an active subscription with Hex. If a subscription is canceled or terminated, all access to the website will be revoked.

3.2 Non-Transferability

Clients may not sell, transfer, or claim ownership of the website or code unless expressly agreed upon in writing.

3.3 Website Modifications

Any modifications or additions to the website must be requested through Hex. Clients are not permitted to alter the website code, backend, or hosting environment without prior authorization.

• Unauthorized modifications or attempts to alter the website's structure, functionality, or security settings may result in service suspension or termination.
• Clients may request specific design or functionality changes, but Hex reserves the right to determine feasibility and applicable charges for such modifications.
• Any third-party integrations, plugins, or scripts must be reviewed and approved by Hex before implementation to ensure compatibility and security.

3.4 Suspension & Termination

Failure to adhere to these Terms may result in the suspension or termination of services. If a client cancels their subscription or violates these Terms, all rights to the website, including access and use, will be revoked.

3.5 Data Backup Responsibility

While Hex may perform periodic backups, clients are responsible for keeping backups of any critical data they upload or modify on their website. Hex is not liable for data loss due to system failures, cyberattacks, or accidental deletion.

4.1 Initial Fees

The initial payment covers website design, setup, and hosting access. It does not grant ownership of the website or source code.

4.2 Ongoing Subscription Fees

Clients must maintain active payments to retain access to their website. Non-payment may result in immediate suspension or permanent removal of the website.

4.3 Refund Policy

Clients may request a full refund within 7 days of their initial purchase. After this period, all payments are non-refundable unless otherwise agreed in writing.

• Refunds will not be provided for canceled subscriptions or unused service periods after the 7-day window.
• If a client disputes a charge without prior communication, Hex reserves the right to suspend all services until the issue is resolved.
• Any refund requests must be submitted in writing and will be reviewed on a case-by-case basis. Decisions made by Hex regarding refunds are final.

4.4 Price Adjustments

Hex reserves the right to adjust pricing for services at any time. Existing clients will be notified in advance of any pricing changes affecting their subscription.

4.5 Taxes & Additional Charges

Clients are responsible for all applicable taxes, transaction fees, and additional costs associated with their purchase.

5.1 Content Submission

Clients are responsible for providing accurate and legally compliant content for their website. Hex is not liable for any legal issues arising from client-submitted content.

5.2 Compliance with Laws

Clients agree to comply with all applicable laws, including but not limited to copyright, data protection, and privacy regulations, in their respective jurisdiction.

5.3 Security & Access

Clients must not attempt to gain unauthorized access to Hex's servers or interfere with the functionality of any hosted website. Any detected security breaches or unauthorized access attempts may result in immediate suspension or legal action.

5.4 Proper Use of Website

Clients must not use the website for illegal, unethical, or misleading business practices. Any violation may result in immediate termination of services.

• Websites must not contain or promote fraudulent, defamatory, obscene, or harmful content.
• Clients are prohibited from using their website to engage in deceptive marketing, phishing scams, or unauthorized data collection.
• Any misuse of the website that negatively impacts Hex's reputation, server performance, or security may lead to suspension or permanent termination of services.
• Hex reserves the right to review website content periodically and request the removal of any material that violates these terms.

6.1 Service Interruptions

While we strive to ensure uninterrupted service, Hex is not responsible for website downtime, technical failures, or data loss resulting from third-party service providers, cyberattacks, or unforeseen events.

6.2 Indemnification

Clients agree to indemnify and hold harmless Hex, its employees, and affiliates from any claims, damages, or liabilities arising from their use of the services. This includes, but is not limited to, legal fees and costs incurred due to the client's misuse of the services or violation of these Terms. Hex is not responsible for any third-party claims resulting from content, data, or activities associated with the client's website.

6.3 No Warranties

Hex provides services "as is" and makes no guarantees regarding website performance, search engine rankings, or compatibility with third-party software. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

6.4 Third-Party Services

If a client integrates third-party services (e.g., payment gateways, CRM systems) into their website, Hex is not liable for any issues arising from those integrations. Any technical support or troubleshooting related to third-party services must be handled directly with the respective provider.

7.1 Jurisdiction

These Terms are governed by the laws of the United Kingdom, Canada, and the United States, depending on the client's location.

7.2 Dispute Resolution

Any disputes arising from these Terms shall first be attempted to be resolved through negotiation. If unresolved, disputes may be settled through arbitration or legal proceedings in the appropriate jurisdiction.

7.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

• Any invalid or unenforceable provision shall be replaced with a valid provision that most closely reflects the original intent and purpose.
• The failure of Hex to enforce any part of these Terms shall not be considered a waiver of our rights to enforce the remaining provisions.
• If multiple provisions are deemed unenforceable, the remainder of the agreement shall still be interpreted to give effect to the original business intent of both parties.

7.4 Force Majeure

Hex is not liable for any delays or failures in service due to circumstances beyond our control, including but not limited to natural disasters, government actions, cyberattacks, or service disruptions from third-party providers.

8.1 Termination by Client

Clients may terminate their subscription at any time by providing written notice. However, termination does not entitle the client to a refund after the 7-day refund period, and access to the website will be revoked upon cancellation.

8.2 Termination by Hex

We reserve the right to suspend or terminate a client's service at any time for non-compliance with these Terms, non-payment, or if the client's use of the website violates applicable laws.

8.3 Effect of Termination

Upon termination, clients will lose access to their website, including all content and data stored on Hex's servers.

8.4 Data Retention & Deletion

Hex is not obligated to retain client data after termination.

• Clients must request backups before cancellation; deleted data cannot be recovered.
• Content and website files may be permanently removed without notice.
• Data restoration after termination is not guaranteed and may incur additional fees.