Service Agreement

Effective and last updated: September 7, 2026

This Service Agreement (the “Agreement”) governs all services purchased from or provided by Pine State Creative, LLC, doing business under the Pine State Creative brand (“Pine State Creative,” “PSC,” “we,” “us,” or “our”) to the individual or entity purchasing or receiving the services (“Customer,” “you,” or “your”). By checking an acceptance box, completing checkout, submitting payment, approving a project in writing, or otherwise directing PSC to begin or continue work, Customer agrees to this Agreement.

Agreement documents and order of precedence

The complete agreement consists of, in descending order of priority:

• the checkout summary, proposal, invoice, or project order identifying the purchased services and pricing;
• any written project-specific terms or change order expressly approved by PSC;
• this Service Agreement;
• the Terms and Conditions; and
• other policies expressly incorporated by reference.

The approved concept, checkout selections, selected services, pages, features, quantities, billing cadence, uploaded materials, and Customer responses are incorporated into the project scope. If documents conflict, the higher document in the list above controls unless PSC expressly agrees otherwise in writing.

Authority and business use

The person accepting this Agreement represents that the person is at least 18 years old and has authority to bind Customer and any business or organization identified in the project intake. PSC services are offered for business or organizational purposes. Customer represents that the services are being purchased primarily for business, commercial, nonprofit, professional, or organizational purposes and not primarily for personal, family, or household use.

Electronic transactions and acceptance

Customer agrees to conduct the transaction electronically. Electronic acceptance, checkbox acceptance, electronic records, electronic payment, email approval, and other electronic communications may evidence Customer's agreement, authorization, approval, and instructions. Customer is responsible for maintaining an accurate email address and monitoring communications sent to it.

Project scope

The purchased scope is limited to the specific services, pages, forms, features, quantities, add-ons, and deliverables identified in the approved concept, submitted project information, and checkout. Only work expressly included in the purchased scope is included.

Additional scope may include, without limitation:

• additional pages, forms, products, listings, languages, integrations, or functionality;
• material changes to Customer's business model, brand, target audience, services, products, or project direction after work begins;
• redesigning previously approved work;
• new features requested after checkout;
• migration or repair of systems not included in the original scope;
• additional revision rounds, unusually complex customization, or expedited work; and
• work made necessary by Customer error, omission, delay, or changed instructions.

PSC determines in its reasonable discretion whether a request is within the purchased scope. Out-of-scope work may be declined or conditioned on additional payment.

No implied services

No service is included merely because it is commonly associated with a website, brand, graphic, marketing project, or other deliverable. Unless specifically purchased or confirmed in writing, PSC is not responsible for photography, videography, advertising management, legal review, regulatory compliance review, custom legal drafting, search-engine campaigns, ongoing copywriting, data migration, custom software development, accounting, tax services, accessibility certification, or management of Customer's other business systems.

Customer responsibilities

Customer must provide complete, accurate, lawful, and timely information necessary to perform the project. Customer is responsible for business names and contact information, services and products, prices, addresses, service areas, hours, qualifications, licenses, credentials, claims, testimonials, employment information, policies, photographs, product information, tax information, privacy disclosures, and other business-specific information.

PSC may rely on information supplied by Customer without independently verifying it. Customer must review final work before approval or publication and bears ultimate responsibility for the accuracy, legality, completeness, and suitability of Customer-specific content.

Customer materials and permissions

Customer represents and warrants that Customer owns, licenses, or otherwise has all rights and permissions necessary for PSC to possess, reproduce, modify, display, publish, distribute, host, and otherwise use all materials supplied by Customer. This includes photographs, logos, trademarks, testimonials, text, video, audio, documents, data, product information, and other intellectual property. Customer authorizes PSC and its contractors and service providers to use those materials as reasonably necessary to provide the purchased services. PSC is not required to investigate ownership or licensing of Customer-provided materials.

Prohibited or high-risk content

PSC may reject, remove, suspend, or refuse to publish content or functionality that PSC reasonably believes violates law, infringes intellectual-property or privacy rights, is fraudulent or deceptive, creates unreasonable cybersecurity or operational risk, violates third-party provider terms, exposes PSC to material liability or regulatory risk, or could reasonably damage PSC's business or reputation. PSC is not liable for losses resulting from exercising these rights in good faith.

Project start and delivery targets

A free homepage concept may be created before payment and generally targets delivery within 2–3 business days after PSC receives the required request information. Paid production begins only after Customer approves the concept, required payment clears, the required project information is complete, and PSC has received materials reasonably necessary to proceed. These are service targets, not guaranteed deadlines.

Delivery dates may be extended for complexity, Customer delay, third-party issues, workload, technical issues, holidays, emergencies, force-majeure events, or other circumstances reasonably affecting production. A delay does not by itself create a right to a refund, credit, cancellation, chargeback, or damages.

Customer delays

Customer delays automatically extend PSC deadlines. If PSC is waiting for information, materials, approval, access, payment, or other Customer action, PSC is not responsible for resulting delay. PSC may move a delayed project behind other scheduled work and is not required to resume it immediately when Customer later responds.

Revisions

Unless the purchased service expressly states otherwise, a project includes three consolidated change requests. A consolidated change request means one complete written list of requested changes submitted together. Multiple messages, piecemeal instructions, or new requests submitted after PSC substantially completes a prior request may be treated as separate requests.

Included revisions refine the purchased project; they do not restart it or replace the approved direction. PSC may charge for additional revision rounds, major redesigns, new direction, replacement of previously approved concepts, material scope changes, or requests substantially exceeding the work reasonably contemplated by the original project. Unused revision rounds have no cash value and are not transferable.

Review periods and inactive projects

Customer should provide complete feedback promptly. If Customer does not provide feedback, approval, or required information within 10 business days, PSC may remove the project from active production. If Customer remains unresponsive for 30 consecutive days, PSC may treat the project as inactive or administratively closed.

Reopening an inactive project may require a reactivation fee, be scheduled according to then-current availability, require updated pricing if scope or third-party costs changed, and require all outstanding balances to be brought current. Pausing or closing a project due to Customer inactivity does not create a refund right and does not itself cancel recurring service.

Approval and launch

Written approval by email or other electronic communication authorizes PSC to proceed. A request to launch, publish, print, release, distribute, transfer, or otherwise use a deliverable constitutes approval of that deliverable in its then-current form. Once approved or launched, Customer accepts responsibility for Customer-specific content, including names, prices, claims, policies, addresses, contact information, spelling, and disclosures.

PSC may correct technical defects attributable solely to PSC, but post-approval content changes or newly requested work may be separately chargeable.

You approve the design before you pay anything. If the launched website doesn't match what you approved, we'll correct it or refund your first payment in full within 30 days of launch. The refund is the full first payment as charged, including the full amount of an annual prepayment when annual billing was selected.

Fees and payment

Payment terms shown at checkout or in a written project order are incorporated into this Agreement. Website plans have $0 down and no setup fee. One-time design charges, prepaid annual fees, recurring charges, add-ons, usage charges, and other amounts are due according to the applicable billing schedule.

Unless PSC expressly agrees otherwise in writing:

• payment is required before production begins;
• one-time fees are earned when production begins;
• payments are nonrefundable except where this Agreement or applicable law expressly provides otherwise;
• Customer may not withhold, offset, or reduce amounts already owed because of a separate dispute or claim; and
• Customer remains responsible for charges already incurred for purchased work even if Customer elects not to use a completed service or deliverable.

Applicable taxes may be added as required.

Recurring billing authorization

For services billed monthly or annually, Customer authorizes PSC and its payment processor to charge the payment method supplied by Customer for scheduled recurring charges while service remains active, purchased add-ons, approved additional work, disclosed usage-based charges, provider overages, applicable taxes, and other amounts authorized under this Agreement. Customer must maintain a valid payment method while service remains active.

A failed, declined, expired, disputed, reversed, or otherwise unsuccessful payment does not eliminate amounts already due. PSC or its payment processor may retry failed payments as permitted by applicable payment-processing rules.

Late payments, collection, and suspension

Amounts not paid when due may accrue simple interest at 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. Customer is responsible for reasonable collection costs, including collection-agency costs, court costs, and reasonable attorneys' fees to the extent permitted by law.

PSC may suspend services while an amount is past due, including hosting, forms, ecommerce, email functionality, portals, editing tools, maintenance, support, and managed features. PSC is not liable for losses resulting from a suspension caused by nonpayment. Suspension does not eliminate amounts already due.

Billing disputes and chargebacks

Customer must promptly notify PSC of any disputed charge and provide enough information for PSC to investigate. A chargeback, payment reversal, card dispute, or payment-processor claim does not constitute cancellation and does not eliminate amounts already owed. If Customer initiates a payment dispute involving authorized services, PSC may suspend services and withhold PSC-created deliverables, files, credentials, licenses, or ownership rights until the dispute is resolved, to the extent permitted by law.

Initial website term, cancellation, and ownership period

Every Essential, Professional, and Complete website plan has an initial 12-month agreement. Monthly and annual selections determine the billing cadence, not the length of the initial agreement. A Customer may schedule cancellation during the initial term, but cancellation becomes effective at the end of the initial 12-month term unless PSC agrees otherwise in writing. After the initial term, cancellation becomes effective at the end of the current paid billing period.

Amounts already paid are not prorated or refunded except where required by law, and service remains available through the applicable paid period, subject to PSC's suspension and termination rights. An unpaid or suspended period does not count as a paid month for ownership.

Essential is a subscription-only plan and ownership of the PSC-created website does not transfer. Professional and Complete ownership transfers after 12 paid months and payment of all outstanding amounts, subject to the ownership exclusions below. Customer-owned domains and Customer-provided materials remain Customer property throughout.

Managed service after ownership transfer

After a Professional or Complete Customer completes 12 paid months, eligible Customer-specific website ownership transfers as described below. Managed hosting, deployments, maintenance, reasonable minor updates, support, reporting, portal access, managed features, and other recurring services remain separate ongoing services and continue on Customer's then-current billing cadence until canceled.

After the initial 12-month agreement, a monthly plan renews month to month and an annual plan renews for successive annual service periods unless canceled before the next charge is processed. Customer may cancel recurring service through PSC's Billing Portal page, contact form, or by email to info@pinestatecreative.com.

To the extent any automatic renewal is subject to Maine's automatic-subscription requirements or other applicable renewal law, PSC will provide required clear renewal disclosures, obtain required affirmative consent, provide a cancellation method consistent with the method of enrollment, and send any legally required advance renewal notice. For an annual renewal subject to Maine's extended automatic-subscription notice requirement, PSC will provide the required notice no more than 30 days before the renewal date.

Termination or suspension by PSC

PSC may suspend or terminate services immediately for nonpayment, material breach, unlawful or infringing content, abuse of PSC personnel or systems, unreasonable security or legal risk, fraud, deceptive conduct, third-party policy violations, unauthorized access, or material interference with PSC's ability to provide services.

PSC may also discontinue a service or Customer relationship for legitimate business reasons on reasonable notice. If PSC terminates an otherwise compliant Customer solely for PSC's convenience, PSC will refund the clearly unearned portion of any prepaid recurring service for periods after the effective termination date, less amounts Customer otherwise owes. Charges for completed or committed work remain nonrefundable.

Ownership of Customer materials

Customer retains ownership of Customer's pre-existing materials, including Customer-owned logos, photographs, trademarks, copy, domains, data, and other intellectual property supplied to PSC. Nothing in this Agreement transfers ownership of those pre-existing materials to PSC.

PSC background intellectual property

PSC retains all ownership rights in its pre-existing and reusable intellectual property, tools, systems, methods, processes, libraries, components, code, structures, know-how, workflows, development techniques, design systems, templates, utilities, internal documentation, and materials not created exclusively as a final Customer deliverable. This remains true if such material is used in or necessary to operate Customer's project.

PSC may reuse general concepts, techniques, code, layouts, components, systems, and know-how in work for other customers, including businesses that may compete with Customer. No exclusivity is granted unless expressly agreed in writing.

Managed features and PSC Platform

Certain purchased recurring features may depend on proprietary or shared PSC software, databases, administrative interfaces, APIs, authentication systems, integrations, schemas, reusable components, hosted services, or other backend infrastructure (collectively, the “PSC Platform”). Examples may include event or schedule management, customer-editable menus, customer portals, structured content editors, secure file features, and similar managed tools. The recurring fee provides a limited, nonexclusive, nontransferable right to use the applicable managed feature during active paid service. These features are licensed, not sold.

The PSC Platform and all reusable backend code, database architecture, administrative systems, authentication systems, shared infrastructure, development tools, hosting, deployment systems, customer portal, reporting systems, support systems, and related technology remain PSC property and do not transfer with a website, even when a managed feature is integrated with it. Unless PSC agrees otherwise in writing, a managed feature may stop operating when the applicable recurring service ends.

Customer retains ownership of Customer-specific business data and Customer materials entered into or stored through a managed feature. Upon written request made before or within 30 days after the applicable managed feature ends, PSC will provide a commercially reasonable export of Customer-owned data stored within that feature in a commonly used format when technically practicable. PSC is not required to transfer PSC source code, database schemas, account credentials, shared infrastructure, proprietary tools, or data belonging to other customers. Export obligations are subject to applicable law, security requirements, third-party limitations, and any separately approved charges for out-of-scope migration or custom export work.

Website ownership before transfer

Until a Professional or Complete Customer completes 12 paid months and pays every amount owed to PSC, PSC retains ownership of PSC-created website design and PSC-created website content. Essential remains subscription only. During active paid managed service, Customer receives a limited, nonexclusive, nontransferable, revocable license to use those materials solely through the PSC-managed website for Customer's business or organizational purposes.

Before ownership transfer, Customer may not copy, reproduce, export, duplicate, resell, transfer, distribute, republish, reverse engineer, create derivative versions of, or use PSC-created website materials outside the managed service without PSC's written approval, except to the extent a restriction is prohibited by applicable law. Customer may not authorize another designer, developer, host, or service provider to reproduce or republish PSC-owned website materials before ownership transfers.

If managed service ends before ownership transfer, the foregoing license ends when the paid service period ends. Customer must discontinue use of PSC-owned website materials and may not reproduce or relaunch them elsewhere. These restrictions do not apply to Customer-owned domains, logos, photographs, trademarks, data, supplied copy, or other pre-existing Customer materials.

Website ownership transfer

After a Professional or Complete Customer completes 12 paid months and pays all outstanding amounts, Customer receives ownership of the final Customer-specific source code, website design, PSC-created website content, and Customer domain to the extent those materials are legally transferable. A transfer does not include hosting, deployments, the customer portal, reporting, support, the PSC Platform, managed-feature backend functionality, PSC background intellectual property, reusable code or components, internal libraries or development systems, PSC accounts, infrastructure, third-party software, licensed fonts, stock media, plugins, applications, software subscriptions, proprietary workflows, or items subject to separate ownership or licensing. Migration or transfer labor is quoted separately.

To the extent retained PSC material is embedded in a transferred website and is necessary for ordinary use of that website, PSC grants Customer a perpetual, nonexclusive license to use that retained material solely as incorporated into the transferred website. This embedded-use license does not create a right to continued access to separately billed managed features or the PSC Platform after those services end.

One-time design deliverables

For logo, brand identity, social media, business card, flyer, brochure, and similar one-time design services, Customer receives ownership of the final approved Customer-specific deliverable after all applicable fees are paid. Unless expressly included, ownership does not include unused or rejected concepts, preliminary drafts, working or source files, licensed fonts, stock assets, PSC templates, internal production files, or reusable design elements and methods. PSC may retain archival copies.

Domains

Customer-owned domains remain Customer property. If PSC registers or administers a domain on Customer's behalf, Customer owns the domain subject to the registrar's rules and applicable registration requirements. PSC may manage registrar, DNS, and technical configuration during the service relationship.

PSC will provide reasonable cooperation to transfer a Customer-owned domain upon verified request, subject to registrar transfer locks and security procedures. PSC may charge for out-of-scope transfer labor, but a Customer-owned domain is not transferred to PSC merely because Customer owes another amount. PSC is not responsible for expired Customer-owned domains, inaccurate registrant information supplied by Customer, registrar outages, domain disputes, third-party claims, premium-domain charges, or Customer actions that disrupt DNS or domain operation.

Third-party services

PSC may use third-party providers for hosting, domains, forms, analytics, payment processing, ecommerce, email, booking, storage, authentication, security, fonts, stock assets, communications, and other functions. Customer acknowledges that PSC does not control those providers.

Third-party services may experience outages, change features or pricing, impose limits, change policies, discontinue products, suspend accounts, experience security incidents, or otherwise affect Customer's service. PSC may substitute a reasonably comparable provider when appropriate. PSC is not responsible for a third party's acts, omissions, outages, pricing, policies, data practices, or failures except to the extent applicable law provides otherwise.

Third-party fees, usage, and overages

Quoted recurring pricing includes third-party services only to the extent expressly stated. Transaction fees, payment-processing fees, advertising spend, shipping, taxes, premium applications, usage exceeding included limits, excess storage, excess contacts, excess communications, excess listings, and other provider-based charges may be additional. Where PSC discloses that an overage or usage charge will be passed through, Customer authorizes PSC to bill that charge. If a provider materially increases its cost, PSC may pass through the increase or modify the affected service price on reasonable notice.

Support and minor website updates

Managed website plans may include reasonable minor content updates as described in the purchased package. Minor updates generally include replacing text or photographs, updating contact information, hours, prices, or comparable information within an existing layout. They do not include redesigns, new pages, new functionality, custom development, major restructuring, bulk content entry, new integrations, or substantial new creative work.

PSC generally targets ordinary minor update requests within one business day, but this is not a guaranteed service level. PSC determines in its reasonable discretion whether a request qualifies as a minor update.

Customer changes and third-party modifications

PSC is not responsible for problems caused by modifications made by Customer or another party. If Customer or another provider receives administrative access and modifies a website, domain, codebase, database, integration, account, DNS setting, or other system, PSC may charge for diagnosis and repair and may require restoration of a supported configuration before continuing managed service.

Security and backups

PSC uses reasonable technical and administrative practices appropriate for the services provided, but no website, platform, storage system, transmission method, or security measure is guaranteed to be completely secure or continuously available. Customer is responsible for retaining original copies of materials supplied to PSC. Unless expressly purchased as a separate service, PSC does not guarantee indefinite archival storage or recovery of Customer materials, historical website versions, email data, ecommerce data, or other business records.

Sensitive and regulated information

Customer may not submit highly sensitive, regulated, confidential, or legally restricted information to PSC unless PSC has expressly agreed in writing to receive and process that category of information. Customer is responsible for determining whether Customer's business requires specialized privacy, cybersecurity, industry, or regulatory safeguards.

Legal and regulatory compliance

PSC is a creative and technology services provider, not a law firm, and does not provide legal advice or custom legal-document drafting for Customer. If a project includes a page labeled Privacy Policy, Terms and Conditions, disclaimer, accessibility statement, or similar legal-policy page, PSC's role is limited to design, implementation, formatting, and publication of text supplied or expressly approved by Customer or obtained from a third-party template or legal service selected by Customer. Customer is responsible for determining the appropriate legal language and obtaining qualified legal review when needed.

Customer is solely responsible for the legality and regulatory compliance of Customer's business, products, services, offers, promotions, claims, marketing, data practices, employment practices, and customer-facing policies, including any licenses, registrations, notices, disclosures, consent mechanisms, or specialized requirements applicable to Customer's industry.

No performance guarantee

PSC does not guarantee any specific sales, revenue, profit, leads, inquiries, bookings, conversion rate, traffic level, search ranking, search-engine indexing, advertising result, customer response, accessibility certification, regulatory outcome, uptime percentage, or other business result. Customer's results depend on factors outside PSC's control.

No warranty of uninterrupted or error-free operation

Except for express obligations stated in the applicable agreement documents, services and deliverables are provided on an “as available” and “as delivered” basis to the maximum extent permitted by law. PSC will use reasonable professional care but does not warrant that a website, service, integration, platform, or deliverable will be uninterrupted, completely secure, compatible with every device or browser, or free from every defect. PSC does not warrant third-party products or services.

Portfolio and marketing rights

Unless PSC agrees otherwise in writing before project completion, Customer grants PSC the continuing right to identify Customer as a client and display non-confidential completed work in PSC portfolios, case studies, social media, proposals, awards, presentations, advertising, and other business-development materials. This may include Customer's business name, logo, website link, screenshots, project images, and a general description of the work. PSC is not required to remove historical marketing materials created before a later removal request unless required by law.

No exclusivity

PSC serves multiple businesses and industries and may provide services to Customer's competitors. PSC may create work using similar general techniques, structures, functionality, industry conventions, or design principles, provided PSC does not improperly use Customer-owned confidential information.

Subcontractors and service providers

PSC may use employees, independent contractors, subcontractors, software providers, hosting providers, and other vendors to perform any portion of the services. Customer's agreement is with PSC and does not create a contractual relationship between Customer and PSC personnel, subcontractors, or vendors.

Confidential information

PSC will use reasonable care with nonpublic project information. Unless the parties execute a separate written confidentiality agreement, ordinary project communications and business information are subject only to the confidentiality obligations expressly stated in this Agreement and the Privacy Policy. Information is not confidential if it is publicly available, becomes public without PSC's breach, was already lawfully known to PSC, is independently developed, is lawfully received from another source, or must be disclosed by law.

Customer indemnification

To the maximum extent permitted by law, Customer will defend, indemnify, and hold harmless PSC and its owners, affiliates, employees, contractors, agents, successors, and service providers from third-party claims, liabilities, losses, damages, judgments, penalties, costs, and reasonable attorneys' fees arising from Customer-provided materials, alleged infringement by Customer content, Customer's products or services, Customer's business operations, Customer representations or advertising claims, Customer legal or regulatory violations, Customer privacy or data practices, Customer's collection or use of information, Customer's breach of this Agreement, Customer misuse of the services, Customer modification of deliverables, or claims by Customer's customers, employees, contractors, vendors, or other third parties.

This indemnification does not require Customer to indemnify PSC to the extent a claim is finally determined to have resulted from PSC's fraud, gross negligence, willful misconduct, or other liability that applicable law does not permit PSC to shift to Customer. PSC may participate in the defense with counsel of its choosing when its interests reasonably require separate representation. Customer may not settle a claim in a manner that admits fault by, imposes obligations on, or restricts PSC without PSC's written consent.

Exclusion of certain damages

To the maximum extent permitted by law, PSC will not be liable for indirect, consequential, incidental, special, exemplary, or punitive damages; lost profits, revenue, opportunities, goodwill, or anticipated savings; business interruption; loss or corruption of data; cost of substitute services; or damages arising from Customer claims against third parties, regardless of the theory asserted and even if PSC was advised that such damages were possible.

Limitation of liability

To the maximum extent permitted by law, PSC's total aggregate liability arising from or relating to a recurring service will not exceed the amount actually paid to PSC for the specific service giving rise to the claim during the six months immediately preceding the event giving rise to the claim. For a one-time project, PSC's total aggregate liability will not exceed the amount actually paid for the specific one-time deliverable giving rise to the claim. These limitations apply collectively to all claims arising from the same or related circumstances.

The damage exclusions and liability limits in this Agreement do not apply to PSC's fraud, gross negligence, willful misconduct, or any other liability that applicable law does not permit to be excluded or limited. The pricing and other terms offered by PSC reflect this allocation of risk.

Third-party and force-majeure events

PSC is not liable for delay, interruption, nonperformance, data loss, or other failure caused by circumstances outside its reasonable control, including internet or utility outages, hosting or registrar failures, cloud-provider outages, cyberattacks not caused by PSC's failure to exercise reasonable care, third-party software failures, payment-processor failures, governmental action, changes in law, labor or supplier shortages, natural disasters, severe weather, fire, flood, epidemic, pandemic, war, civil unrest, or comparable events. Performance deadlines are extended for the duration reasonably necessary to address such events.

Dispute notice and informal resolution

Before filing a lawsuit relating to this Agreement, Customer must provide PSC written notice describing the dispute and relief requested and allow at least 30 days for informal resolution. This does not prevent PSC from immediately pursuing collection of undisputed amounts or either party from seeking emergency or injunctive relief when reasonably necessary to protect intellectual property, systems, security, or other rights.

Governing law and exclusive venue

This Agreement and disputes arising from it are governed by the laws of the State of Maine, without regard to conflict-of-law principles. To the maximum extent permitted by law, Customer consents to exclusive personal jurisdiction and venue in the state courts located in Penobscot County, Maine, or, where federal jurisdiction exists, the United States District Court for the District of Maine. Customer waives objections based on inconvenient forum or similar doctrines to the extent permitted by law.

Jury-trial and class-action waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AND PSC EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING FROM OR RELATING TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

These waivers do not waive any right that applicable law makes nonwaivable. If either waiver is unenforceable for a particular claim, that finding does not invalidate the remainder of this Agreement.

Assignment

Customer may not assign or transfer this Agreement, the managed service, or Customer's rights under it without PSC's prior written consent. PSC may assign or transfer this Agreement, in whole or in part, to an affiliate, successor, purchaser, service provider, or entity acquiring all or part of PSC's business or assets without Customer's consent.

Independent contractor

PSC is an independent contractor. Nothing in this Agreement creates a partnership, joint venture, employment relationship, franchise, fiduciary relationship, agency relationship, or other relationship except the contractual service relationship expressly described here.

No third-party beneficiaries

Except for persons expressly protected by the indemnification and liability provisions of this Agreement, this Agreement is for the benefit of PSC and Customer only. No other person or entity obtains contractual rights under it.

Changes to services, pricing, and policies

PSC may modify service features, operational procedures, supported technology, vendors, or administrative practices when reasonably necessary to operate or improve its services. PSC may update this Agreement for future purchases and future renewal periods. A material change to an existing Customer's recurring contractual terms or pricing will not retroactively alter already-earned ownership credit for completed paid managed-service months and will take effect only as permitted by this Agreement and applicable law, with advance notice or affirmative consent where legally required.

Notices

Notices to PSC under this Agreement must be sent to info@pinestatecreative.com or through the contact form. PSC may send notices to the email address Customer supplied during intake, checkout, or subsequent project communications. Customer is responsible for notifying PSC if contact information changes.

No waiver

A party's failure or delay in enforcing a provision does not waive that provision or any other provision. A waiver applies only to the specific circumstance for which it was given and, when made by PSC, must be in writing.

Severability

If any provision is held invalid, illegal, or unenforceable, it will be enforced to the maximum extent permitted by law and the remaining provisions remain in effect. Where permitted, an invalid provision should be modified only to the minimum extent necessary to make it enforceable while preserving its intended commercial effect.

Survival

Provisions that by their nature should continue after cancellation, expiration, or termination survive, including amounts already due, intellectual property, ownership, licenses, confidentiality, portfolio rights, indemnification, disclaimers, limitations of liability, dispute resolution, governing law, collection rights, and accrued rights and obligations.

Entire agreement

This Agreement and the incorporated documents constitute the complete agreement regarding the purchased services and supersede prior or contemporaneous discussions, representations, proposals, emails, or understandings concerning the same subject matter. Customer acknowledges that Customer has not relied on a representation, promise, guarantee, or commitment not contained in the applicable agreement documents. A project-specific amendment must be approved in writing by PSC.

Customer acknowledgment

By accepting this Agreement, Customer acknowledges that Customer has reviewed and understands that:

• the purchased scope and pricing are established by the checkout and incorporated project materials;
• every website plan has an initial 12-month agreement;
• payments are not prorated or refunded, and service remains available through the applicable paid period;
• Professional and Complete website ownership transfers only after 12 paid months and payment of all outstanding amounts; Essential remains subscription only;
• if service ends before ownership transfer, Customer's license to PSC-created website materials ends and those materials may not be reproduced or relaunched elsewhere;
• payments for an already-started paid service period are generally nonrefundable as described above;
• third-party services, usage charges, and overages may apply;
• PSC retains its reusable and background intellectual property;
• managed features and PSC Platform technology remain licensed services and do not transfer with website ownership, while Customer-owned data remains the Customer's and is exportable as described above;
• Customer is responsible for Customer-provided content and Customer's business-specific legal and regulatory compliance;
• the Agreement contains limitations of PSC's liability and a Customer indemnification obligation; and
• the Agreement contains Maine governing-law, venue, dispute-notice, and jury/class-action-waiver provisions.

Contact

Questions about this Agreement may be sent to info@pinestatecreative.com or through the contact form.