Terms and conditions

Last updated: March 2025

Please read these Terms and Conditions (“Terms”) carefully before using the Webless website or services. By accessing our website (https://webless.co) or purchasing our services, you (“Customer” or “you”) agree to be bound by these Terms, as well as our Privacy Policy (incorporated herein by reference). If you do not agree, please do not use our site or services.

1. Definitions and Company Information

  • Webless, MB (“Webless”, “we”, “us” or “our”) is a private limited company registered in Lithuania (MaĹľoji bendrija), company code 306673177, VAT number LT100018376616. Our business address is PerkĹ«nkiemio g. 19, LT-12120 Vilnius, Lithuania. You can contact us at legal@webless.co for any questions about these Terms.
  • Services: Webless provides professional WordPress services, including website speed optimization, monthly maintenance plans (recurring subscriptions), and custom WordPress development and support (“Services”). These are digital services performed on clients’ websites (no physical goods).
  • Website: refers to our site at https://webless.co, including any subdomains (such as our Stripe payment portal pay.webless.co).
  • Customer: any individual or legal entity who purchases or uses our Services or registers an account on our Website.
  • Account: an account on our Website created for a customer after purchasing a Service, through which the customer can access our dashboard, submit their website details, and manage their Services.
  • Work Product: any deliverables or results provided to you as part of the Services (e.g. optimized website files, reports, code changes).
  • Customer Content: any materials you provide to us for the purpose of the Services, including your website data, login credentials, text, images, or other information from you or your website.

2. Eligibility and Account Registration

  • Age Requirement: Our Services and Website are intended for adults. By using our site or services, you confirm that you are at least 18 years old (or the age of legal majority in your jurisdiction) and fully able to enter into a binding contract. The site is not directed to children under 18, and such individuals should not provide personal information or use the Services.
  • Account Creation: An account will be created for you when you purchase a Service. You will receive login credentials (username and password) for our client dashboard. You must provide accurate and complete information during signup or purchase (such as your name, email, billing address, and if applicable, company name and VAT number). You are responsible for keeping your account credentials confidential and for all activities under your account.
  • Account Security: You agree to use a strong, unique password and to notify us immediately at legal@webless.co if you suspect any unauthorized use of your account. We are not liable for any loss or damage from your failure to maintain the security of your account.
  • Account Termination by You: You may request deletion of your account at any time by contacting us (or via any account settings provided). Removing all your websites from our dashboard does not automatically delete your account; please send us a message to fully deactivate and delete your account. Account deletion will be handled in accordance with our Privacy Policy (personal data will be erased or anonymized as permitted by law).

3. Description of Services and Scope of Work

  • Service Overview: Webless specializes in WordPress website services:
    • Speed Optimization: A one-time service where we optimize your WordPress site for faster loading and better performance (e.g. caching, image optimization, code minification, etc.).
    • Monthly Maintenance: Ongoing subscription service (billed monthly) that includes routine updates (WordPress core, plugins, themes), security monitoring, backups, and minor fixes as needed for your WordPress site.
    • Custom Development: Project-based or hourly services to implement custom features, designs, or troubleshoot issues on your WordPress site as per your requests.
  • Service Delivery: All services are provided remotely. After purchase, you will be prompted (via our dashboard or email) to submit the necessary details about your WordPress site so we can perform the work. This may require you to provide sensitive access credentials (see Section 4 below). We typically complete one-time services (like Speed Optimization) within a reasonable time frame (as communicated on our site or in our agreement, usually a few business days after we have all necessary info). For monthly maintenance, services are provided continuously each month.
  • Account Dashboard: For maintenance subscribers and ongoing clients, our website provides a dashboard where you can view service reports (e.g. optimization results, speed test images, update logs) and open support tickets. We may also send you a summary report after each major task (e.g. after a speed optimization, we might share before-and-after speed metrics).
  • Third-Party Tools: In performing the Services, we may utilize certain premium WordPress plugins or tools for optimization and security (for example, caching or image optimization plugins). We maintain developer or agency licenses for tools such as WP Rocket, Perfmatters, ShortPixel, Elementor, etc., and may install and activate them on your site as part of our service. These licenses are provided for use on your site only for the duration of our service and remain our property (you do not receive the license key for personal use outside our service). All such license keys or proprietary tools provided by us are non-transferable and remain owned by Webless or the respective third-party licensors. If our service is terminated or your subscription ends, you must cease using our license keys (the plugins may continue to function on your site, but you would need to obtain your own license for future updates or support from those plugin vendors).
  • Service Limitations: We will make commercially reasonable efforts to achieve the best outcomes (for example, improving site loading speed). However, we do not guarantee specific results such as a particular Google PageSpeed score, SEO ranking increase, or 100% protection from all cyber threats. Any statements on our site about expected improvements are illustrative; actual results can vary depending on your site’s condition, content, hosting, and other factors outside our control. The Services do not include major redesigns or development work beyond the purchased scope; if additional work is required beyond the package you purchased, we will discuss a separate quote or upgrade with you.
  • Client Cooperation: You acknowledge that successful delivery of Services requires your cooperation. You agree to provide timely access, information, and approvals as needed. For example, you must promptly furnish correct login credentials, respond to any clarification questions from our team, and keep your site’s environment (hosting, domain, etc.) in a state that allows us to work. We are not responsible for delays or failures in performance if you fail to provide required access or information timely.

4. Access Credentials and Customer Responsibilities

  • Providing Website Credentials: In order to perform our Services on your WordPress site, you will need to provide us with various access credentials via secure forms in our dashboard (or another secure method we designate). This may include: your WordPress administrator login (username and password), hosting account login, domain registrar login, CDN or Cloudflare account access, FTP/SFTP or SSH credentials, database access, and any other relevant credentials or API keys related to your website’s operation. You agree to share such credentials with us solely for the purpose of allowing us to perform the contracted Services.
  • Accuracy and Legitimacy: You represent and warrant that you have all necessary rights and authority to grant us access to your website and the systems you provide credentials for. If you are not the website owner, you must have permission from the owner to engage our Services. You also promise that providing us these credentials and us accessing your site will not violate any law or third-party rights. Do not provide any credentials that are not yours to provide.
  • Confidentiality of Credentials: We understand that your website credentials are highly sensitive. We will treat all such access information as confidential and use it only for the purposes of delivering the Services to you. We maintain internal security practices to protect login details you share. For example, credentials stored in our database are accessible only to authorized Webless personnel or contractors who need them to work on your site, and we strive to use secure transmission (SSL) and encryption where applicable to safeguard this data. (See also our Privacy Policy for how we handle personal data).
  • Customer Backups and Precautions: Before we begin work, you are strongly advised to back up your website (files and database) or ensure a backup system is in place. While our maintenance service typically includes backups, and we take care to avoid data loss, having your own recent backup is a good practice. Webless is not liable for any loss of data or site content, so maintaining backups is your responsibility (to the extent not covered in a maintenance plan).
  • Administrative Access: By engaging our Services, you acknowledge that our team will have the ability to make changes to your site, which could include editing code, installing or removing plugins, changing configurations, and accessing potentially all information stored on your site. You authorize us to take these actions as needed to perform the service. You also acknowledge that giving any third-party (including Webless) administrative access to a website carries inherent risks. While we will exercise due care, there is a possibility of unintended changes or downtime. You agree that Webless is not responsible for any unintended consequences that may arise from changes made under your authorization, except as provided in the Liability and Disclaimers section below.
  • Post-Service Credential Management: Upon completion of a one-time Service (like a one-time optimization) or upon termination of Services, we recommend you change passwords or disable accounts that you granted us, if you so desire, to ensure only you have access going forward. (For ongoing maintenance, we will retain credentials to perform continuous service until you cancel).
  • No Illegal Content or Activity: You must not use our site or Services to engage in any illegal or unauthorized activities. When providing us access to your website, you affirm that your site and content comply with all applicable laws and do not infringe any intellectual property or privacy rights of others. Prohibited uses of our Services and website include (but are not limited to):
    • Using our Services to transmit or store malicious code, malware, or to engage in hacking, phishing, or attacks on any network.
    • Exploiting our Services or website to violate the security of any other website or network, or to gain unauthorized access to data.
    • Uploading or providing to us any content that is unlawful, defamatory, harassing, infringing, or otherwise objectionable.
    • Attempting to interfere with the functionality of our website or Services, including by using any automated system (robot, scraper, crawler) to data-mine or access our site without our prior consent.
    • Reselling or redistributing our Services without authorization, or misrepresenting yourself as being affiliated with or endorsed by Webless.
    • Using our content, reports, or deliverables for purposes outside the scope of your own personal or business use of your website (for example, you cannot publish our optimization methods or internal reports publicly without permission).
  • Fair Use: We reserve the right to define fair usage limits for support and maintenance tasks. Unlimited support requests as part of a plan must be reasonable in frequency and scope. If we determine that your usage is excessively beyond normal use (for example, an unusually high number of support requests or requests outside the plan’s scope), we will discuss alternative arrangements (such as a higher tier plan or a custom agreement). This is to ensure all customers receive quality service.
  • Suspension for Violations: If you violate any of the above obligations or misuse the Website or Services, we may suspend or terminate your account and/or refuse service, as detailed in Section 10 (Termination). You may also be responsible for any costs or losses we incur as a result of your breach (subject to the indemnification clause in Section 11).

5. Intellectual Property and Ownership

  • Website Content: All content on the Webless website – including text, images, graphics, logos, design, software code, and the compilation thereof – is the property of Webless, MB or our licensors, and is protected by copyright, trademark and other intellectual property laws. Webless and our logo are our trademarks. You are not permitted to copy, distribute, modify, or create derivative works from our website content without our prior written consent. You may, however, print or download portions of our site content for your personal use in evaluating our services.
  • Your Feedback: If you submit feedback or suggestions to us about our Services or site, you grant us a royalty-free, perpetual license to use and incorporate that feedback (but we are not obligated to do so).
  • Deliverables Ownership: Upon full payment of any fees due for our Services, and subject to these Terms, the Work Product we create specifically for you as part of the Services will become your property. For example, if we develop custom code or design elements for your site under a project, you will own the rights to that specific custom code/design once paid. However, Webless retains ownership of any of our pre-existing materials, tools, or know-how that we may use in delivering the Services. We also retain ownership of any Webless Elements (such as internal scripts, templates, or processes) that may be incorporated into deliverables, as well as any third-party components we provide as part of the service (e.g., plugin licenses as noted below).
  • Third-Party Licenses: As noted in Section 3, we may install and use third-party licensed software (plugins, etc.) on your site under our developer licenses. You are authorized to use those tools on your site for as long as you are actively receiving our Services, but you do not obtain ownership or transfer of those licenses. All such third-party software remains subject to its original license terms. If our engagement ends, the software may continue to function but you will not receive updates or support through our license, and you should purchase your own license if you wish to continue using that software with updates.
  • Webless Branding: We may include a small footer or comment in code indicating the site is maintained by or optimized by Webless (e.g., a text credit or comment in HTML/CSS). You may request removal of branding credits, and we will remove them if asked. However, you are not permitted to remove or alter any copyright notices or proprietary attributions that we include in delivered code or reports without consent, except for the purpose of your normal site operation.
  • Customer Content: You retain all rights to your own website content and data. By providing or uploading any Customer Content to our dashboard or by giving us access to it, you grant Webless a limited, non-exclusive license to use, copy, and modify that content solely as needed to perform the Services. For example, if you give us a logo image to upload or code to implement, we have your permission to do so. This license ends when the Service is completed or your contract with us ends (except for backup copies or archives we must keep by law). You represent that your Content does not infringe others’ rights and that you have the right to let us use it for service delivery.
  • Portfolio and Case Studies: We value our client relationships and may wish to showcase work done. Unless you object in writing, you grant us the right to mention your (or your business’s) name and display non-confidential aspects of the work done (e.g., before-and-after screenshots of a website performance) in our portfolio or marketing materials. If your project is under a non-disclosure or you prefer we not showcase it, just let us know and we will refrain.

6. Payments, Fees and Taxes

  • Pricing: The fees for our Services are listed on our Website (on our pricing page or in a proposal/quote for custom work). We reserve the right to change our prices, but any changes will not affect services already purchased or subscriptions already active for their current billing cycle.
  • Currency: All prices on our website are shown in United States Dollars (USD) by default. However, our Stripe payment checkout may offer you the option to pay in your local currency (or in Euros for EU customers) based on your location, due to Stripe’s multi-currency support. In such cases, you will see the final charge in your chosen currency at checkout. Regardless of currency, the amount charged will be equivalent to the listed USD price (conversion rates are handled by Stripe at the time of payment).
  • Payment Method: We use Stripe to process all payments. Accepted payment methods include major credit/debit cards, and possibly other methods like PayPal or bank transfer if supported by Stripe for your region. When you click “Buy Now” or purchase via our site, you will be redirected to a secure Stripe Checkout page (pay.webless.co) to enter your payment details. Note: We do not directly collect or store your sensitive payment card details on our servers; that information is handled by Stripe. Stripe is a PCI-DSS-compliant payment processor ensuring your payment data is securely processed.
  • Billing for Subscriptions: If you purchase a recurring service (e.g., Monthly Maintenance), you authorize us to charge the recurring subscription fee via Stripe at the interval stated (monthly, unless otherwise specified) using the payment method you provided. Your subscription will automatically renew each period until you cancel. You can manage your subscription and payment methods via our Stripe Customer Portal (a link is provided in your account dashboard). Changes you make in the Stripe portal (such as updating card info or cancelling a subscription) are subject to Stripe’s systems. We are not responsible for any errors or issues that occur in the Stripe portal, as that is a third-party service; any data you provide there is processed by Stripe under their terms and privacy policy.
  • No Refunds Policy: Webless maintains a no-refund policy on completed payments, except where required by law. Once a service is purchased and we have begun fulfillment, you are not entitled to cancel or obtain a refund for that order upon completion. For one-time services (like speed optimization), once we start working on your project, the payment is non-refundable. For monthly subscriptions, you can cancel future renewals (see “Cancellation” below), but we do not refund any unused portion of the current billing period.
    • EU Consumer Rights – 14-Day Cooling-Off: If you are an individual consumer in the European Union/EEA, please note that consumer protection laws may give you a 14-day right to withdraw from an online service contract without giving any reason. However, by ordering our digital services, you request us to start work immediately. If we have fully delivered the service within that 14-day period with your agreement, you lose the right to cancel once the service is completed. In other words, if you purchase a one-time optimization and we complete it within a few days, you cannot later cancel or demand a refund under the “cooling-off” rule because the service was fully performed with your consent before the withdrawal period ended. If you wish to exercise your right of withdrawal before we have completed the service, you must notify us in writing (email) within 14 days of purchase. If work has not yet been completed or delivered, we will honor your withdrawal and refund you as required by law. (This does not apply to business-to-business transactions or to non-EU customers.)
    • Aside from the above cooling-off rights or any other mandatory legal right to refund, all sales are final. We do not offer “satisfaction guarantees” or refunds if you simply change your mind after the service is delivered. We do commit to working with you to resolve any issues with our service (see Section 7 on support).
  • Cancellation of Subscription: You may cancel a monthly maintenance plan at any time, effective at the end of your current paid month. You can do this either by contacting us to cancel, or directly through the Stripe customer portal. Once canceled, your subscription will not renew for the next period. You will still receive the maintenance service through the period you’ve paid for, but we will not charge further. No pro-rated refunds are given for mid-period cancellation. We recommend canceling at least a few days before the next billing date to avoid unintended charges (or you can contact us for assistance).
  • Failed Payments: If a subscription renewal payment fails (e.g., due to an expired card), Stripe will typically attempt to re-charge according to its retry schedule. We will notify you to update your payment method. If payment is not completed within a reasonable time, we reserve the right to suspend or terminate the service until payment issues are resolved. You are responsible for any fees or charges Stripe imposes due to payment failures (if any, such as currency conversion fees or chargeback fees in case of disputes).
  • Taxes: Webless, MB is a VAT-registered entity in Lithuania. However, currently we do not charge VAT on our services (for example, because our services may be zero-rated for non-Lithuanian customers under EU VAT rules or we may still be below certain thresholds – this is subject to change). The price you see is what you pay, inclusive of any applicable taxes unless otherwise stated. If we are required by law to collect VAT or sales tax for your purchase (depending on your country and whether you are a consumer or business), we will either include it in the purchase price or clearly display it at checkout. For instance, EU business customers who provide a valid VAT ID may be charged 0% VAT under reverse charge rules, whereas EU consumers might be charged VAT at the rate of their country if applicable. We will inform you during checkout if a tax is applied. It is your responsibility to provide accurate tax information (like a VAT number) if requested. If in the future our tax status changes or VAT becomes chargeable, we will update our prices or billing process accordingly and inform customers.
  • Invoice and Receipts: Upon successful payment, Stripe will typically email you a receipt. We can also issue formal invoices upon request, especially for businesses. The invoice will list Webless, MB (company code and address as in Section 1), the service purchased, date, amount, and any taxes if applicable.
  • Promotions and Coupons: Any promotional discounts or coupons must be applied at time of purchase. They cannot be applied retroactively. Promotions may be subject to additional terms which will be provided with the offer.

7. Support and Maintenance Policies

  • Support Hours: We provide customer support during our business hours, which are Monday to Friday, 10:00 – 18:00 (6 PM) EET/EEST (Vilnius time), excluding Lithuanian national holidays. We strive to respond to support requests (emails, tickets, chats) as quickly as possible, typically within 1-2 business days. Off-hours: We may occasionally respond outside normal hours (including weekends or evenings) at our discretion, but this is not guaranteed. Urgent issues will be prioritized on the next business day.
  • Support Channels: You can reach our support team in several ways:
    • Email: Send queries to support@webless.co or legal@webless.co for formal requests.
    • Live Chat: We offer live chat via the Crisp widget on our website. Live chat is generally available during business hours (if an agent is online, you’ll get live help; otherwise you can leave a message).
    • Support Tickets: If you have an account on our dashboard, you may use the support ticket system there to report issues or request assistance.
    • We do not currently offer phone support or in-person support. All support is online.
  • Scope of Free Support: For any service you purchase, we provide complementary support to ensure the service is delivered as promised. For example, after a Speed Optimization service, if you find something wasn’t optimized as expected or if a new issue arose directly due to our work, we will address it without additional charge (within a reasonable period, e.g. if reported within 14 days of service delivery). For Maintenance subscribers, ongoing support is included as per your plan – this typically covers routine fixes and answering questions related to your website’s upkeep. Support is limited to issues within the scope of our service. If you request help on matters outside our service (e.g., general training on WordPress, unrelated development tasks you didn’t purchase, issues caused by third-party plugins or your hosting that are outside our control), we may not be able to address those under free support and may propose a separate engagement.
  • Changes After Service: We are not responsible for any changes or errors introduced to your site after our work is completed, whether by you or by third parties. For instance, if we optimize your site and then you (or another developer) install new plugins or alter settings that slow the site down or break functionality, that is outside our responsibility. However, if you are on a maintenance plan, you can ask us for assistance to fix new issues and we will help if it falls under your plan’s coverage (possibly as a new task).
  • Updates and Compatibility: As part of maintenance, we perform updates of WordPress core, themes, and plugins. We attempt to ensure compatibility and avoid breaking changes by testing updates. However, due to the vast number of third-party software, we cannot guarantee every update will be issue-free. If an update causes a problem, we will use backups to restore or troubleshoot the issue as part of the service. We expect clients to maintain valid licenses for any premium themes/plugins they use (so updates can be applied). If you do not supply a needed license for a plugin and it’s critical for maintenance, we may assist in procuring it at additional cost or skip that update.
  • Third-Party Services/Hosting: If the issue or downtime is caused by something on your hosting provider’s side or a third-party service (e.g., your server is down, your domain is not renewed, Cloudflare issue, etc.), we will inform you and assist to the extent we can (e.g., liaising with you or giving advice), but such issues are beyond our control and responsibility.
  • Guarantees: We do not offer any general service warranty beyond what is stated. Specifically:
    • We do not guarantee 100% uptime, since we do not control your hosting (and even with our optimizations, hosting uptime is outside our contract). If you need guaranteed uptime or SLAs, those must be provided by your hosting provider or arranged separately.
    • We do not guarantee that our Services will result in increased traffic or sales on your site. We focus on technical performance and maintenance, not marketing outcomes.
    • If you are on a maintenance subscription, you may cancel anytime as per Section 6, but if you are dissatisfied for any reason, we encourage you to contact us – while we have a no-refund policy, we want to ensure you’re getting value and will try to resolve any performance issues or misunderstandings.
  • Upgrades and Changes to Services: We may introduce new plans or modify the features of existing plans. For subscription customers, if a change affects your service, we will notify you in advance. We will not remove core features from a service term you’ve already paid for, but upon renewal, the current plan features will apply. We may also offer new add-ons or premium support options which you can optionally purchase.
  • Free Services: On occasion, we might perform a courtesy service or extra task at no charge. Any such free work is provided “as is” with no warranties. We reserve the right to refuse requests for work that is significantly beyond the scope of the service purchased.
  • Communication: We prefer written communication (so there is a record of requests and instructions). For complex requests, please write clear instructions in emails or tickets. Our team will use English to communicate unless otherwise agreed (Lithuanian support may be available as we are based in Lithuania, but primary documentation is in English).
  • Support Termination: If at any point our staff feels threatened, harassed, or subjected to abusive behavior by a customer, we reserve the right to suspend support responses and escalate the matter. We believe in respectful, professional communication.

8. Disclaimers of Warranties

Webless provides its website and services “AS IS” and “AS AVAILABLE” to the fullest extent permitted by law. This means:

  • We do not make any specific promises or guarantees about the results of using our Services. For example, we don’t guarantee that your website will achieve a specific loading time, score, or search engine ranking after our optimizations. Any materials or information on our site (like case studies or blog posts) are for general guidance and do not constitute a guarantee of outcome.
  • We disclaim all warranties, whether express, implied or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services or the website will meet your requirements, operate without interruption, or be error-free. While we aim for high quality, we cannot promise the service will be uninterrupted or free from minor errors or bugs at all times.
  • We do not guarantee the continuous availability of our Website. There may be times when the site is down for maintenance or due to technical issues. We will try to promptly fix any outages within our control.
  • Any content downloaded or obtained through our website or Services is at your own discretion and risk. This includes any code changes we make to your site – while we test and take precautions, you assume the risk when applying changes to your live site (hence backups are strongly recommended).
  • We specifically disclaim any warranty that our security measures will prevent all cyber-attacks or unauthorized access. We implement industry-standard practices (like malware scanning, firewall configurations in maintenance, etc.), but no system is perfectly secure or immune to new threats.
  • If you are a consumer in certain jurisdictions, you may have statutory rights that cannot be disclaimed. For example, in the EU, you might have certain guarantees regarding digital services conforming to the contract. Nothing in these Terms will override mandatory consumer protections. In fact, EU consumers are entitled to remedies if digital services are not as described or performed with reasonable care. We acknowledge those rights; this disclaimer is subject to such laws.

9. Limitation of Liability

  • Indirect Damages: To the maximum extent permitted by applicable law, in no event shall Webless (nor its owners, employees, agents, contractors) be liable for any indirect, incidental, special, consequential or punitive damages arising out of or relating to your use of our Services or Website. This exclusion includes (but is not limited to) damages for lost profits, lost revenue, lost business opportunities, loss of data, business interruption, or loss of goodwill, even if we have been advised of the possibility of such damages. For example, we are not liable if your website’s downtime (for any reason) causes you to lose customers, or if a performance issue not resolved in time causes loss of revenue.
  • Direct Damages Cap: Webless’s total cumulative liability to you for any and all claims arising from or related to the Services or these Terms shall not exceed the total amount of fees you paid us in the 12 months preceding the event giving rise to the claim. If the claim relates to a one-time service you purchased, our liability is capped at the price you paid for that service. If no fee was paid (for example, if you only used a free portion of our website), our liability will be zero or, if required by law, a minimal amount (such as €100). This cap applies whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory.
  • No Liability for Outside Factors: We will not be responsible for problems outside our control, such as:
    • Issues caused by your hosting provider, internet service provider, or other third-party platforms.
    • Actions or omissions by you or someone else who has edited your site (e.g., if another developer or plugin causes conflicts after our work).
    • Unforeseeable or unavoidable events (force majeure, see Section 12).
  • No Double Recovery: If you have multiple claims arising from the same act, they won’t increase the cap; the cap is a total aggregate for all related claims. Also, if a claim could fall under both contract and tort, the single cap still applies.
  • Exceptions: Nothing in these Terms is meant to limit or exclude liability that cannot be limited by law. For example, we do not limit our liability for gross negligence or willful misconduct, nor for death or personal injury caused by our negligence, nor for fraud. Additionally, some jurisdictions do not allow the exclusion of certain warranties or the exclusion/limitation of certain damages. If such law applies to you, some of the exclusions or limitations above may not apply to you to the extent prohibited. In such cases, our liability will be limited to the maximum extent permitted by law.
  • Release: To the extent permissible by law, you release Webless and our affiliates from any and all liability or claims for damages or losses that are not the result of our negligence or breach. If you are a California resident (for example), you waive California Civil Code §1542 which says a general release does not extend to claims unknown to the creditor; in other words, you waive any similar law that would prevent this release from applying to unknown claims.

10. Termination and Suspension

  • By Customer: You are free to stop using our Services at any time. If you wish to terminate your relationship with Webless, you can simply cancel any subscriptions and cease using the site. If you desire your account and data to be deleted, please explicitly inform us (see Section 2 regarding account deletion). Termination of services by you does not entitle you to any refund of fees already paid, except as provided in Section 6 (if within a withdrawal period and eligible).
  • By Webless: We reserve the right to suspend or terminate your access to the Website or Services, or terminate our contractual relationship, for any of the following:
    • Violation of Terms: If you breach any provision of these Terms (or repeatedly make breaches or refusals to comply), and (if curable) do not cure the breach within a reasonable time after notice, we may terminate or suspend service. Some severe breaches (e.g., using the service for illegal activity, harassment of staff, or compromising our systems) may result in immediate termination without prior notice.
    • Legal Compliance: If we are required by law or regulatory authority to cease providing Services to you (for example, if providing Services to you becomes illegal under sanctions or data protection laws), we may terminate immediately.
    • Non-Payment: If you fail to pay any fees owed and do not remedy that within a reasonable time, we may suspend work or access until payment is received, and if not received, treat it as a termination by you for breach.
    • Suspicious Activity: If your account is associated with fraud, or your website is causing security issues (e.g., if your site is infected with malware that endangers our environment), we may temporarily suspend service and work with you on a resolution, or terminate if necessary.
  • Effect of Termination: Upon termination of Services, we will cease work and you will no longer receive maintenance or support (if it was ongoing). Any licenses or access we provided may be revoked. You should immediately discontinue use of any Webless intellectual property or credentials that were provided for the service. Any outstanding payment obligations up to the date of termination remain due. Sections of these Terms which by their nature should survive termination (such as intellectual property rights, disclaimers, liability limitations, governing law, etc.) will continue to apply even after termination.
  • Data Retention: After termination, we may delete or deactivate your account and any data associated with it in accordance with our Privacy Policy. However, we may retain certain information for record-keeping (e.g. invoices, communications) as required by law or legitimate interests (see Privacy Policy for details).
  • Export of Data: If applicable, before termination you should export any data you want to keep from our dashboard (like reports). We are not obligated to keep your dashboard data available after termination, except as required by law.
  • Reactivation: If your account or subscription was terminated by us for breach, you may not create a new account or purchase services again without our permission. If terminated by you or for inactivity, you would need to start a new subscription if you return; previous data might not be available.

11. Indemnification

You agree to indemnify, defend, and hold harmless Webless, MB and its owners, officers, employees, contractors, and agents (the “Indemnified Parties”) from and against any and all third-party claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to (a) your violation of these Terms or of any law or regulation, (b) your negligence or misconduct in using our Services, (c) any Customer Content or materials you provided to us (including your website data) that infringe or violate the rights of any third party or are unlawfully provided, and/or (d) your use of the Services for any unlawful or improper purpose.

For example, if a third-party alleges that content on your website (which you asked us to handle) is infringing, or if an employee of yours claims their data was mishandled and sues us, or if there were damages caused by false information you gave us, you agree to cover our costs and damages in those situations.

We will:

  • Promptly notify you of any such claim (provided that failure to notify promptly will only relieve you of your indemnification obligation to the extent you are materially prejudiced by that failure).
  • Allow you to control the defense and settlement of the claim, provided that you do not settle any claim in a manner that admits fault on behalf of Webless or imposes obligations on Webless without our prior written consent. We may participate in the defense with counsel of our choice at our expense.
  • Cooperate reasonably with you in the defense, at your cost.

Webless’s Indemnity to You: Webless agrees to indemnify and hold you harmless against any third-party claim that the specific Work Product we delivered to you (and which is used unchanged and as intended) directly infringes a third party’s intellectual property rights, provided that: (i) such infringement was not caused by any content or specifications provided by you, or by your combining the Work Product with other materials not furnished by Webless, and (ii) you notify us promptly and give us sole control to defend or settle the claim. If such an infringement claim arises, we may choose to modify the Work Product to be non-infringing or obtain a license for your continued use. If neither is feasible, we may refund to you the amount paid for that Work Product and terminate the infringing aspect of the Services. This section states our entire liability and your exclusive remedy for intellectual property infringement by our deliverables.

12. Force Majeure (Events Beyond Our Control)

Webless shall not be liable for any failure to perform, or delay in performing, any of our obligations under these Terms or in providing the Services, if that failure or delay is caused by events outside our reasonable control. This includes, but is not limited to:

  • Natural disasters (e.g. earthquakes, floods, hurricanes) or acts of God.
  • Fires, explosions, or accidents.
  • Acts of war, terrorism, hostilities, civil unrest, or riots.
  • Government actions, sanctions, or regulations that impact our ability to deliver services.
  • Strikes, labor disputes, or work stoppages affecting us or our service providers.
  • Utility failures or outages of electricity, internet backbone, or telecommunications networks.
  • Third-Party Service Interruptions: outages or failures by our upstream providers such as Stripe (payment processing downtime), our hosting (if our own site is down), domain registrars, or critical software providers. For example, if Stripe’s systems go down preventing payments, or if an internet-wide issue like a major DNS outage occurs, these are beyond our control.
  • Epidemics, pandemics, or public health emergencies that affect workforce or logistics.
  • Any other cause beyond our reasonable control and not due to our own negligence.

During such Force Majeure events, our duties will be suspended. We will make reasonable efforts to mitigate the effects and resume service as soon as possible. If a force majeure situation persists such that it makes it impossible for us to continue the Services for an extended period, either party may terminate the affected Services upon written notice. In such case, if you have paid for a service you have not received due to the force majeure, we will work with you on a fair resolution (which might be a partial refund or rescheduling of service) in compliance with applicable law.

For clarity, if a force majeure event affects only part of our obligations (e.g., our response times are slower due to an internet outage in our area, but we can eventually perform), that does not entitle you to terminate the whole agreement – termination would apply if the event fundamentally frustrates the contract’s purpose or duration.

13. Third-Party Websites and Services

Our website and services may include references or links to third-party websites or services that are not owned or controlled by Webless. For example:

  • When you go to Stripe’s checkout or customer portal via links on our site, you are interacting with Stripe’s systems. Your use of Stripe is governed by Stripe’s terms and privacy policy, not ours.
  • We use Crisp live chat on our site, which means if you use the chat feature, Crisp (a third-party provider) will process your input and possibly use cookies to facilitate the chat. Crisp is a GDPR-compliant service provider that takes measures to protect user data, but any information you submit via chat may be stored by Crisp on our behalf.
  • Our site might contain links to blog articles, resources, or partner websites for informational purposes.

You acknowledge and agree that:

  • Webless is not responsible or liable for the content, privacy practices, or availability of any third-party sites or services. We do not endorse or assume any responsibility for third-party offerings. If you click a link to an external site or use a third-party service (including those integrated in our dashboard), you do so at your own risk and should review their terms.
  • For example, if we share an affiliate link or a recommendation to a hosting provider, and you choose to engage with them, any contract is between you and that provider, not Webless.
  • If you authorize us to use a third-party tool in the course of delivering Services (e.g., if you ask us to set up a Google Analytics account, or you share credentials for a service), we act as your agent in using that tool, but the relationship of you to the third-party is direct.
  • We may integrate certain third-party APIs or widgets (like social media widgets, Google reCAPTCHA for form spam prevention, etc.). Those services might collect data (such as IP address or user actions on our site) under their own policies. We cannot control this data collection. (For instance, Google’s reCAPTCHA is used to block bots and by using it, you agree to Google’s Privacy Policy and Terms.)
  • Third-Party Software/Plugins on Your Site: As part of our work on your WordPress site, we may install plugins or code authored by third parties. While we will use reputable sources and up-to-date versions, such software is ultimately outside our full control (we didn’t write it). We are not liable for bugs or security flaws in third-party code. However, if such an issue arises, we will assist you in contacting the plugin/theme provider or finding a workaround as part of our service.

In summary, we want to be transparent that our ecosystem involves third-party components. We encourage you to familiarize yourself with those third parties’ terms and policies. Webless is only responsible for the aspects we directly control.

14. Privacy and Data Protection

Protecting your personal data is important to us. Our detailed practices are described in our Privacy Policy (see below, after these Terms). By using our website or services, you also agree to our data practices as outlined there. Key points:

  • We collect and use personal information (such as your name, contact info, and website credentials) solely for legitimate purposes of providing and improving our Services, in accordance with applicable data protection laws like the EU General Data Protection Regulation (GDPR).
  • We implement appropriate technical and organizational measures to safeguard personal data, but you acknowledge that no method of transmission over the internet or electronic storage is completely secure.
  • We will not sell your personal data to third parties. We only share data with third-party service providers as needed to run our business (payment processing, analytics, support platform, etc.), and with any authorities if required by law.
  • You have rights regarding your personal data, including the right to access, correct, or delete it, as well as to object or restrict certain processing. Please see the Privacy Policy for details on how to exercise these rights. If you have questions about your data, you can contact us at legal@webless.co.

15. Governing Law and Dispute Resolution

  • Governing Law: These Terms and any dispute or claim arising out of or in connection with them or the Services shall be governed by the laws of the Republic of Lithuania, without regard to its conflict of law principles. However, if you are a consumer resident in the European Union, you will also enjoy the protection of any mandatory provisions of the law of your country of residence (this means that if Lithuanian law is different from the law of your country on certain consumer rights that cannot be waived, you still get those rights).
  • Jurisdiction: In the event of a dispute that we cannot amicably resolve, the courts of Vilnius, Lithuania will have exclusive jurisdiction to adjudicate any such dispute, unless otherwise required by applicable consumer protection laws. (For instance, under EU rules, certain consumer claims may be brought in the country where the consumer resides. We do not seek to override those rules for EU consumers.)
  • Dispute Resolution: We value our clients and aim to resolve any disagreements fairly and efficiently. You agree to first attempt to resolve any dispute, claim or controversy with us informally by contacting us and providing a brief written description of the issue and your contact information. We will attempt to negotiate in good faith and address your concerns within a reasonable time. Most disputes can be resolved through communication.
  • Mediation/Arbitration (Optional): If we both agree, we can submit the dispute to a neutral mediator or arbitrator in a mutually agreed location (or via online arbitration) to try to settle without litigation. However, we will only proceed with mediation or arbitration if both sides consent, as these Terms do not mandate binding arbitration.
  • Litigation: If we cannot resolve the matter amicably, and unless we agreed to an alternative dispute resolution, either party may file a claim in the competent court as specified above. Both you and we consent to the personal jurisdiction of those courts.
  • Legal Fees: In any litigation arising out of these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the other party, to the extent allowed by law or by the court’s discretion.
  • Limitation Period: To the extent permitted by law, any cause of action you might have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise it is permanently barred. (This does not apply to consumers in jurisdictions that prohibit such a limitation.)
  • Class Action Waiver: Where permitted by law, you and Webless agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Note: Nothing in this section limits your rights to initiate a chargeback or payment dispute with your card issuer or Stripe if you believe it’s applicable; however, we encourage resolving with us directly to avoid unnecessary complications.

16. Changes to Terms

  • Updates: Webless may modify or update these Terms from time to time. If we make material changes, we will notify users by posting the updated Terms on our website and updating the “Last Updated” date at the top. In certain cases, for significant changes, we may also notify you via email or via a notice on your account dashboard.
  • Acceptance of Changes: The updated Terms will become effective on the date specified in the notice or within 30 days of posting (if no other date is specified). By continuing to use the Website or Services after the new Terms take effect, you agree to be bound by the revised Terms. If you do not agree to the changes, you must stop using the Services and may terminate your account as described in Section 10 before the changes come into effect.
  • We encourage you to review the Terms periodically. Even if we don’t send a special notice for minor updates, continued use constitutes acceptance. If you have any questions about any change, please contact us for clarification.

17. Miscellaneous Provisions

  • Entire Agreement: These Terms (along with any Service Agreement, proposal or order form you have from us, and any referenced documents like the Privacy Policy) constitute the entire agreement between you and Webless regarding the Services and your use of our site, superseding all prior or contemporaneous communications and proposals (whether oral or written). In case of conflict between these standard Terms and any specific agreement or terms expressly agreed in writing (e.g., a custom development contract), the specific agreement terms will prevail to the extent of conflict.
  • Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent court, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. The invalid part shall be deemed modified to the least degree necessary to remedy the invalidity while retaining the original intent.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not operate as a waiver of that right or provision in that or any other instance. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Webless.
  • Assignment: You may not assign or transfer your rights or obligations under these Terms to anyone else without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
  • No Partnership: The relationship between you and Webless is that of independent contractor and client. These Terms do not create any joint venture, partnership, employment, or agency relationship. Neither party has the power to bind the other to any third party.
  • No Third-Party Beneficiaries: These Terms are for the benefit of you and Webless, not for any other person, except that our affiliates and subsidiaries, and our and their officers, directors, etc., are entitled to the protection of the liability disclaimers and limitations (as third-party beneficiaries).
  • Notices: Communications from Webless to you may be made via email to the address on file, through notices posted on the website or dashboard, or via registered mail (if we have an address for you and the matter is serious). You can reach us with notices or legal communications at our business address (PerkĹ«nkiemio g. 19, LT-12120 Vilnius, Lithuania) or at legal@webless.co. Email notices are deemed received 24 hours after sending if the email is sent to the correct address and no bounce-back is received. Postal notices are deemed received 5 business days after mailing within Europe (or 10 business days internationally).
  • Language: These Terms are written in English. If we provide translations in other languages, those are for convenience. In case of discrepancies between the English text and a translation, the English version shall govern. You agree that all communications and documentation will be in English (unless we specifically provide a local language version).
  • Headings: Section headings in these Terms are for convenience only and have no legal effect.
  • Contracts (Rights of Third Parties): Except as expressly provided, a person who is not a party to these Terms shall not have any rights to enforce any term of these Terms.

By using our site or purchasing our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them. Thank you for trusting Webless with your WordPress needs!