Terms of Service

Max Builds Sites is owned and operated by Qualvix LLC ("Qualvix," "we," "us," or "our"). These Terms of Service ("Terms") govern the website design, build, and hosting services we provide to you ("Client," "you," or "your").

By approving a website, paying for our services, or using a website we host for you, you agree to these Terms. Please read Sections 6 and 7 carefully — they explain who owns the website and what happens when your subscription ends.

1Services

We design, build, host, and maintain a website for your business (the "Website"). Your monthly subscription includes:

• Design and build of a multi-page business website
• A domain name, provided and registered by us
• Hosting and ongoing publication of the Website
• Routine content updates — changes to your text, photos, hours, phone number, services, and service areas
• Redesigns of the Website when it needs a refreshed look, at a frequency we determine is reasonable
• Routing of website form submissions to the email address you designate

What is not included

Work beyond routine updates and refreshes is quoted separately, including e-commerce or payment functionality, booking and scheduling systems, custom application development, paid advertising management and ad spend, logo design, professional photography or videography, and any third-party software, subscription, or licensing costs.

We may decline or separately quote requests that are unreasonable in volume or that amount to rebuilding the Website for a different business, a different industry, or a materially different set of services. We may improve, update, or change the Website's design, code, or hosting configuration at any time.

2We build first, then you decide

We build your Website before you pay anything. When it is ready, we send it to you to review.

• If you approve the Website, your subscription and billing begin on the date you approve it.
• If you decide not to use it, you owe us nothing. We keep the Website, the domain, and everything in it, and may reuse, re-let, or license it to any other party.

Approval can be given in writing, by email, or by directing us to publish the Website or point a domain to it. Continuing to use a published Website is approval.

Building a website for you does not obligate us to build it, revise it, or hold it open indefinitely. We may withdraw an unapproved website at any time.

3Term, renewal, and cancellation

Term

Your subscription runs on a month-to-month basis. There is no long-term contract. It begins on the date you approve the Website and renews automatically each month on the same day of the month (or the last day of the month, for billing dates that do not exist in a given month) unless cancelled.

Cancellation by you

You may cancel at any time by emailing us at the address in Section 17. Cancellation takes effect at the end of your current paid monthly billing period. Your Website remains live through that date and is then subject to Section 7.

No refunds

Fees are non-refundable, in whole or in part. Cancelling partway through a billing period does not entitle you to a refund, credit, or proration for the unused days.

Cancellation by us

We may cancel or decline to renew at any time for any reason, with notice to you. If we cancel partway through a paid billing period for a reason other than your breach of these Terms, we will refund the unused portion of that period on a pro-rata basis. That refund is your sole remedy.

4Fees and payment

Fees

You pay the monthly fee we quoted to you and that you accepted when you approved the Website, billed in advance at the start of each billing period. There is no setup fee unless one is stated in a written quote or order form we provide to you. A setup fee, if any, is charged with your first payment and is non-refundable once work has begun.

Payment processing

Payments are processed by Stripe. Charges may appear on your statement as Qualvix LLC, Max Builds Sites, or a similar variation, depending on how your bank displays merchant descriptors. You authorize us to store your payment method and to charge it automatically for each billing period.

Price changes

We may change our fees by giving you at least thirty (30) days' notice. The new price takes effect on the first billing date occurring after that notice period ends. If you don't want to continue at the new price, cancel before that date.

Taxes

Fees are exclusive of any applicable sales, use, or similar taxes, which are your responsibility.

5Failed payment and suspension

If a payment fails, we will notify you at your email of record.

• 5 days after notice: if payment has not been received, we may suspend the Website. A suspended website is not publicly accessible.
• 15 days after notice: if payment still has not been received, we may terminate your subscription and permanently remove the Website.

Suspension does not relieve you of your obligation to pay amounts due. We may charge a reinstatement fee to restore a suspended Website, and will tell you the amount before restoring it.

6Ownership of the website

Qualvix owns and retains all right, title, and interest in and to the Website, including without limitation:

• All page layouts, templates, design elements, and visual arrangements
• All HTML, CSS, JavaScript, and other code
• The site architecture, navigation structure, and internal linking
• All copy, headlines, and text drafted by us
• All hosting accounts, configurations, deployment infrastructure, and analytics accounts
• Any domain name registered by us in connection with the Website
• Any call-tracking or forwarding telephone number provisioned by us

The Website is not a "work made for hire," and nothing in these Terms transfers or assigns any ownership interest to you.

Your license

While your subscription is active and paid, you have a limited, non-exclusive, non-transferable, revocable license to use and display the Website for your business. That license ends automatically when your subscription ends.

Domains you already own

If you already own a domain and choose to point it at the Website, that domain remains yours. On termination we will release it at your request; we make no claim to it. Any domain we register remains ours.

7What happens when your subscription ends

On termination or expiration, for any reason:

1. Your license to use the Website ends immediately.
2. We will remove your business name, logo, photographs, contact information, licensing details, testimonials, and other content that specifically identifies you from the Website.
3. We retain the Website itself — including the domain, design, code, structure, page templates, and hosting — and may reuse, repurpose, re-let, sell, or license it to any other party, including a competitor of yours in your market.
4. All lead flow through the Website ends and does not transfer to you. Form submissions, calls to any tracking number we provisioned, and any other inquiries generated through the Website after your termination date belong to us.
5. We will not provide a final export, report, or list of leads. You are responsible for keeping your own records of every lead forwarded to you during your subscription. Leads we forwarded to your email during the subscription are yours to keep and use.
6. We are not obligated to provide you with any files, code, backups, or copies of the Website.

8Your content

License to us

You grant Qualvix a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display any content you provide — including your business name, logo, trademarks, photographs, videos, text, reviews, and testimonials ("Client Content") — for the purpose of building, operating, maintaining, and promoting the Website, and for displaying our work in our portfolio and marketing materials.

Your warranty

You represent and warrant that you own or have all necessary rights to the Client Content, and that our use of it will not infringe any copyright, trademark, right of publicity, or other right of any third party. You are solely responsible for the accuracy and legality of the Client Content, including any claims about your services, pricing, licensing, certifications, or guarantees.

Removal

We may remove any Client Content we believe to be unlawful, infringing, deceptive, or in violation of these Terms.

9Attribution and portfolio rights

The Website will display a credit in the footer reading "Website by Max Builds Sites," linked to our website. You agree not to remove, obscure, or alter that credit while your subscription is active. We may display the Website, screenshots of it, and your business name in our portfolio, case studies, and marketing materials.

10Your responsibilities

You agree to:

• Provide accurate, current, and complete information about your business
• Hold and maintain all licenses, permits, bonds, and insurance required for your business, and provide accurate license numbers where displayed
• Respond to leads and inquiries yourself — we do not answer, screen, or manage your leads
• Comply with all applicable laws in your use of leads and customer contact information, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and applicable state privacy and telemarketing laws
• Not use the Website for any unlawful, fraudulent, deceptive, or misleading purpose

11Third-party services

The Website depends on third-party services including hosting providers, payment processors, domain registrars, email providers, and search engines. We do not control those services. Their outages, policy changes, price changes, account suspensions, algorithm changes, or discontinuation are outside our control, and we are not responsible for any resulting interruption, loss, or damage. Your use of those services may be subject to their own terms.

12No guarantees; disclaimer of warranties

We make no guarantees of results. We do not guarantee, warrant, or promise:

• Any level of uptime, availability, or continuous operation of the Website
• Any search engine ranking, placement, indexing, or visibility
• Any amount or quality of website traffic, impressions, form submissions, phone calls, leads, appointments, customers, sales, or revenue
• That the Website will be error-free, secure, or free of interruption, bugs, or vulnerabilities
• That the Website meets or will meet any accessibility standard, including WCAG or the Americans with Disabilities Act, unless separately contracted for in writing

THE SERVICES AND THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, QUALVIX DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not provide legal, tax, accounting, regulatory, or business advice. Nothing on the Website or in our communications should be relied on as such.

13Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, QUALVIX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST LEADS, LOST CUSTOMERS, LOST GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY.

QUALVIX'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU ACTUALLY PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply to all claims, whether based in contract, tort (including negligence), strict liability, statute, or otherwise. Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.

14Indemnification

You agree to defend, indemnify, and hold harmless Qualvix LLC and its members, managers, officers, employees, and contractors from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• The Client Content, including any claim that it infringes or misappropriates a third party's rights
• Your business, products, services, advertising claims, or dealings with your customers
• Your use of leads or customer contact information, including any TCPA, CAN-SPAM, or privacy claim
• Your breach of these Terms or violation of any law

15Governing law, venue, and disputes

These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws rules.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Clark County, Nevada. Each party irrevocably consents to the personal jurisdiction of those courts and waives any objection based on venue or forum non conveniens.

No arbitration

The parties have not agreed to arbitrate any dispute. Nothing in these Terms requires either party to submit any claim to arbitration.

16General

Entire agreement. These Terms, together with any written quote or order form we provide, are the entire agreement between you and Qualvix and supersede all prior discussions, proposals, and representations, whether oral or written.

Changes to these Terms. We may modify these Terms by posting an updated version and notifying you at your email of record. Changes take effect on your next billing date at least thirty (30) days after that notice. Continuing to use the Services after that date means you accept the updated Terms.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions stay in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms, or any rights under them, without our prior written consent — including in connection with a sale of your business. We may assign these Terms freely.

Independent contractor. Qualvix is an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, utility or internet failures, cyberattacks, or governmental action.

Notices. Notices to you will be sent to your email of record. Notices to us must be sent to the email address in Section 17.

Survival. Sections 6, 7, 8, 9, 12, 13, 14, 15, and 16 survive termination or expiration.