Terms and conditions for the
website creation system

These Terms of Service (this "Agreement", "Terms") are between 3Pod Group LLC ("we", "us", "System", "Platform" or "3Pod") and the individual ("you", "User" or "Client") using our services ("Services" or "Service"). We provide you with access to our System that helps you create websites, manage your content and customization, as well as hosting services and soon domains. Below are the terms and conditions for using our system. They are necessary to maintain good practices and protect both ourselves and you.

1. Account Creation

To access the System, you must provide a name, email, and password and agree to the terms and conditions listed below, the Privacy Policy, and our Data Processing Addendum. You will be given a unique 3Pod URL for each website you create. It is your responsibility and yours alone to maintain and keep your account and password secure. If the information provided by you is false, incorrect, or violates our terms, we may suspend or terminate your account. The email used for the account registration is considered the owner of the account and has the right to request assistance from us regarding the account. You are solely responsible for the activities of your account, maintaining, and keeping the credentials to access that account confidential.

You must notify us immediately if you know or have any reason to suspect that your Account or password has been stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account.

2. Your Content

2.1. You are responsible for any content found on your website, such as images, videos, audio files, design elements, logos, fonts, text, and more. We are not responsible for your content. We are also not responsible for any content that may be lost due to the use of 3Pod; it is your obligation to keep your content safe and regularly back it up. We do not monitor what content has been used on a website and are not responsible for anyone infringing on terms and conditions, but we have the right to remove such harmful content or even cancel accounts if necessary.

2.2. You own all intellectual property associated with your account, such as images, videos, audio files, design elements, logos, fonts, text, and any other material and file created by you and existing on your website. Hereby, you grant 3Pod non-exclusive, royalty-free, irrevocable, and transferable rights over the content of your website so that we can provide you with 3Pod Services.

2.3. We may choose to highlight or feature your website on our website for marketing or promotional purposes. You grant us a perpetual, worldwide, royalty-free, and non-exclusive right and license to use any version of your sites, or any part of your sites, including, among others, names, trademarks, service marks, or logos on your sites, for the limited purpose of 3Pod's promotional and marketing activities. For example, we may feature Your sites on our Themes page, in the Clients sections of our sites, or on our social media accounts. You waive any claims against us in connection with any moral rights, rights of artists, or any similar rights worldwide that you may have in or over your sites or names, trademarks, service marks, or logos on your sites and any right of inspection or approval of any such use. You may opt out of being listed by contacting us at [email protected]. This section does not affect any rights you may have under applicable data protection laws.

3. Your Obligations

3.1. You certify and warrant that you are at least 16 years old. Individuals under 16 years of age may not use our services.

3.2. Keep your 3Pod account login information secure.

3.3. Provide us with updated, accurate, and valid personal information at all times.

3.4. You own the rights to any content you upload to your website, including images, videos, audio files, design elements, logos, fonts, text, and anything else with usage rights.

3.5. Content materials may not be used unlawfully or harmfully.

3.6. You must notify us immediately if you become aware of any unauthorized use of your account.

3.7. Your content must not be illegal, unlawful, threatening, abusive, harassing, torturous, vulgar, or obscene in any way, and must not infringe upon the legal rights of any person.

3.8. You may not send unsolicited messages (SPAM) or any type of unethical advertising that is considered "spam" or harmful in any way.

3.9. You may not upload viruses, worms, trojans, or any other malicious code, file, or program that may disrupt, destroy, or limit the functions and services of 3Pod.

3.10. You may not upload content containing scams.

3.11. You may not attempt to hack, break, or circumvent the functions and stability of 3Pod or attempt to exploit the system in any way.

3.12. You may not use the system to create fraudulent websites and promotions with deceit.

3.13. You may not use 3Pod to distribute, store, or in any way use the system for pornographic or adult content and services.

3.14. You represent and warrant that your use of the services is not contrary to law, including, among others, applicable export or import controls, regulations, and sanctions.

3.15. You may not attempt to damage the reputation of 3Pod and its partners by leaving harmful comments, false and misleading information about the product, or any intentional harm to the reputation of 3Pod.

3.16. You acknowledge and agree that if you are reasonably found guilty of violating any of these rules and obligations, this may result in the immediate cancellation of your account without refund for services already paid for. You may also be prohibited from having an account on the system.

4. Third-Party Services

Our Services are integrated with various third-party services ("Third-Party Services") for specific purposes that you may interact with while using 3Pod. An example of such services is the payment processor used to collect payments for your subscriptions. These third-party services may have their own terms and policies, and your use of them will be governed by those terms and policies. We do not control third-party services and are not responsible for third-party services or any transactions you may engage in with them, nor for their actions. Your security when using Third-Party Services is your responsibility. You also agree that we may, at any time and at our sole discretion, and without prior notice, suspend, disable access to, or remove any Third-Party Service. We are not liable to you for such suspension, disabling, or removal, including, among others, loss of profits, revenue, data, goodwill, or other intangible losses you may experience as a result (except where prohibited by applicable law).

5. User Content

Sites created with 3Pod may contain user content that infringes on the permitted use of the platform ("3. Your Obligations"). We do not endorse or support such content. We do not publish or are responsible for any User Content that you or other users have uploaded, posted, or made available through the Services. You are responsible for taking precautions to protect yourself and your computer or network from User Content accessed through the Services. Any content detected or reported to us will be removed as a violation of the permitted use of the Services.

6. What We Offer and Our Rights

3Pod provides a website creation system, templates (themes), website hosting from an external company, and domain registration from an external company. The images used for creating theme mockups are published under Creative Commons CC0 (https://creativecommons.org/publicdomain/zero/1.0/deed.en). 3Pod does not have any rights over the images used for creating the themes.

We have the right to change parts or all of the services and functionalities at any given time, to remove or suspend parts or all of the services and functionalities, we have the right to suspend and terminate your account's access to parts or all of the services, and to change the eligibility criteria for using the Services.

HTTPS certificates are issued to any domain correctly connected to a website on 3Pod. You do not have an option to disable HTTPS certificates; they are automatically assigned to new domains connected to 3Pod.

7. Trial and Demo Subscription

3Pod provides a 14-day trial for all newly created websites, and you may use the services in accordance with the agreement during the 14-day period. Once those 14 days have elapsed, the website will become inactive (expire) until the User subscribes to 3Pod's paid services. A trial period is allowed for you, the User, to test and create a website to your liking before committing to a paid subscription. 3Pod has the right to cancel trial subscriptions at any time and for any reason. We may delete the content of any trial or expired website without prior notice. We are in no way responsible for any content deleted from a website created on 3Pod.

8. Service Fees

8.1. Service fees apply when signing up for paid services from 3Pod, which can be monthly or annually.

8.2. All fees are in USD, COP and do not include any taxes, and you are responsible for paying them. 3Pod is not responsible for any tax or fee related to commercial products.

8.3. Payment of the applicable fee is in advance of your subscription period according to the Agreement.

8.4. You can upgrade or downgrade at any time. If you upgrade, you will be charged the difference between the two subscription plans for the additional services. Downgrade refunds are applicable only for annual subscriptions, up to 14 days after subscription. There are NO refunds for monthly downgrades. If you downgrade from an annual subscription, you will be refunded a calculated amount according to the actual service fees of the two subscription services. Downgrading may result in loss of information and services due to the difference between the plans.

8.5. Refunds are allowed only for annual subscriptions and up to 14 days after subscription. If such refund is issued by the User, the full amount you have paid will be refunded. The refund amount may be subject to transfer taxes which will be borne by the User and transferred to the card used to pay the initial subscription cost. Refunds do NOT apply to "Bundle Offers" or "Exclusive Offers" (custom design and development).

8.7. Once the contract term ends, services will automatically renew for the same period of time unless EXPLICITLY cancelled by the User. Cancellation must be done through the System and at least 24 hours before the end of the contract period. To cancel your services or automatic renewal, do so by going to Control Panel -> Billing and selecting the desired option there.

8.8. If you purchase 3Pod subscription services, you agree that 3Pod and third-party services may use and store your credit/debit card information. You authorize us to charge you for any 3Pod Service you may purchase and any applicable tax related to payment card services. You will reimburse us for all collection costs and interest for any overdue amounts. If the payment card expires or you do not provide us with a new payment card nor cancel your subscription, you authorize us to continue billing you and you will remain responsible for any unpaid charges.

8.9. You are responsible for fair use of your website and may be charged for abnormal use of the server or traffic on our unlimited subscription plans. You will be charged for resources used by your website.

8.10. Chargebacks: If you contact your bank or credit card company to reject, charge back, or reverse the charge of any fee payable to us ("Chargeback"), we may automatically cancel your Account. We reserve the right to dispute any chargeback.

9. Service Cancellation

Failure to comply with any of 3Pod's terms or failure to pay due fees gives 3Pod the right to cancel or suspend the services of your account and website. You can cancel your services at any time, no questions asked. We are in no way liable for damages and losses due to service cancellation.

10. Termination

We reserve the right to change, suspend, or discontinue, or terminate, restrict, or disable your use or access to parts or all of the Services or their functionality at any time in our sole discretion and without prior notice.

You may terminate your services at any time without cause according to the cancellation procedures.

If the terms of the Agreement are violated, it may result in penalties or immediate termination of services without refund of payment in any way.

Upon termination, 3Pod has the right to delete all files, data, or information associated with the terminated account.

11. Web Domains

The 3Pod platform will provide you with a generic domain once you start a project in the website builder; it is important to note that this domain is provided by the platform under its own domain and free of charge.

12. Warranty and Disclaimer

3Pod will make all reasonable efforts in accordance with prevailing industry standards to maintain the Services in a manner that minimizes errors and interruptions in the Services and will perform the implementation Services in a professional manner. The services may not be available temporarily for scheduled maintenance or for unscheduled emergency maintenance, either by 3Pod or by external providers, or for other reasons beyond the reasonable control of 3Pod, but 3Pod will make all reasonable efforts to provide prior written or email notice of any scheduled service interruption. HOWEVER, 3POD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED "AS IS" AND 3POD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE NONINFRINGEMENT.

13. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless 3Pod and its affiliates and their directors, officers, employees, and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards, and expenses of any kind (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, your sites, and your e-commerce; (c) any claims by, on behalf of, or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims by tax authorities of any country in connection with your e-commerce operations, including, without limitation, your sales to individual consumers (including distance sales) and other operations for which 3Pod may be jointly and severally liable. Your indemnification obligations under this Section will not apply to the extent directly caused by our breach of this Agreement or, if you are a U.S. Consumer, to the extent not reasonably foreseeable.

14. Limitation of Liability

You acknowledge and agree that, to the fullest extent permitted by applicable law, in no event shall 3Pod and its affiliates and their directors, officers, employees, and agents be liable with respect to any claim arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive, or consequential damages; (b) any loss of profits, revenue, data, goodwill, or other intangible losses; (c) any damages related to your access, use, or inability to access or use parts, part, or all of your Account, Your Sites, or parts or all of the Services, including, among others, the interruption of use or the cessation or modification of any aspect of the Services; (d) any damages related to the unavailability, degradation, loss, corruption, theft, unauthorized access, or unauthorized alteration of any content, information, or data, including, among others, User Content and your e-commerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including, without limitation, defamatory, offensive, or illegal conduct or content; or (f) any Third-Party Services or third-party sites accessed through the Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk that constitute in part the consideration for the services provided to you by 3Pod, and such limitations shall apply even if 3Pod has been advised of the possibility of such liabilities.

15. Modifications

Service Modifications. 3Pod may make modifications and changes to the services or existing components and will make all reasonable efforts to notify all its Customers about such changes. The changes take effect from the date of the change. 3Pod shall not be liable for modifications and actions of third-party services.

Modifications to the Agreement and Fees may occur. You will be notified before such changes apply to your account. If you refuse or fail to pay such fees, we will cancel your subscription.

16. Miscellaneous

If any provision of this Agreement is determined to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary for this Agreement to remain in full force, effect, and enforceability. This Agreement is not assignable, transferable, or sublicensable by the Customer except with the prior written consent of 3Pod.

3Pod may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all prior written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and the Customer has no authority of any kind to bind 3POD in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorney's fees. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when received, if delivered personally; when receipt is electronically confirmed, if transmitted by fax or email; the next day after transmission, if sent for next-day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the USA, Atlanta, GA, without regard to its conflict of law provisions.