Terms of Service

Last Updated: April 19, 2025

Table of Contents

1. Introduction

Welcome to Your Site Hurts. These Terms of Service ("Terms") govern your use of our website located at yoursitehurts.com and all related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

Please read these Terms carefully before using the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.

2. Account Registration

To use certain features of the Service, you must register for an account. When you register, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe your account security has been breached, please contact us immediately.

3. Subscription and Payment

3.1 Subscription Plans

We offer various subscription plans, each with different features and pricing. The features of each plan are described on our pricing page.

3.2 Payment

You agree to pay all fees associated with your subscription plan. Fees are payable in advance and are non-refundable. If you select a subscription with recurring payments, you authorize us to charge the payment method on file on a recurring basis. If your payment is declined, we may suspend or terminate your access to the Service.

3.3 Changes to Pricing

We reserve the right to change our pricing at any time. If we change pricing for your current subscription, we will notify you before applying the new price to your subscription.

3.4 Cancellation

You may cancel your subscription at any time through your account settings. If you cancel, you will still have access to the Service until the end of your current billing period, but you will not receive a refund for any fees already paid.

4. Website Analysis Services

4.1 Service Description

Our Service provides website analysis, including performance, SEO, accessibility, and security assessments. The analysis is based on automated tools and algorithms, which may have limitations and may not identify all issues with a website.

4.2 Limitations

You acknowledge that our Service:

  • Is provided on an "as is" and "as available" basis;
  • May produce results that are incomplete, inaccurate, or not applicable to your specific needs;
  • Is not a substitute for professional web development or security services;
  • May be subject to errors, bugs, or limitations based on current technology.

4.3 Usage Limits

Depending on your subscription plan, there may be limits on the number of website analyses you can perform within a specific time period. Exceeding these limits may require an upgrade to a higher-tier plan.

5. User Responsibilities

5.1 Acceptable Use

You agree not to use the Service:

  • In any way that violates any applicable law or regulation;
  • To analyze websites you do not own or have permission to analyze;
  • To attempt to gain unauthorized access to any part of the Service;
  • To interfere with or disrupt the Service or servers or networks connected to the Service;
  • To harass, abuse, or harm another person, or to distribute unsolicited emails ("spam");
  • For any purpose that is harmful, fraudulent, deceptive, or otherwise objectionable.

5.2 Security

You are responsible for ensuring that your use of the Service does not pose any security risks to us or other users. This includes not introducing viruses, malware, or other harmful code.

6. Intellectual Property

6.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Your Site Hurts and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service without our prior written consent.

6.2 Feedback

If you provide us with any feedback or suggestions regarding the Service, you grant us a non-exclusive, perpetual, irrevocable, royalty-free license to use that feedback for any purpose without compensation to you.

6.3 Your Content

You retain ownership of any content you submit to the Service. By submitting content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with providing the Service to you.

7. Disclaimers

7.1 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 Technical Limitations

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE CAUSED BY YOUR USE OF THE SERVICE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YOUR SITE HURTS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

9. Indemnification

You agree to defend, indemnify, and hold harmless Your Site Hurts, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

10. Term and Termination

These Terms will remain in full force and effect while you use the Service. We may terminate or suspend your account and your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on our website or via email. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action or proceeding relating to these Terms shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the jurisdiction of such courts.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim against Your Site Hurts, you agree to attempt to resolve the dispute informally by contacting us at hello@yoursitehurts.com. We'll try to resolve the dispute informally by contacting you via email.

13.2 Arbitration

If a dispute cannot be resolved informally, you and Your Site Hurts agree to resolve any dispute or claim relating to these Terms through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

13.3 Exceptions to Agreement to Arbitrate

Either party may assert claims, if they qualify, in small claims court. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service or intellectual property infringement without first engaging in the informal dispute resolution process described above.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

15. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Your Site Hurts regarding the Service and supersede all prior agreements and understandings.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Email: hello@yoursitehurts.com

Address:
Moonhythe LTD
j.k. Svoboda 12
Sofia, 1231