Terms of Service

1. Acceptance of Terms & Formation of Agreement

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "Subscriber," "you," or "your") and RWX-TEK INC., a California C Corporation doing business as Gladitel ("Company," "we," "us," or "our"), governing your access to and use of the Gladitel.com platform, all associated websites, applications, APIs, tools, services, and any content or functionality offered through them (collectively, the "Service").

This is a clickwrap agreement. Browsewrap acceptance (i.e., merely visiting the site without affirmatively accepting) does not constitute acceptance of these Terms.

2. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater) to use the Service. If you are using the Service on behalf of a business entity, you represent and warrant that you have full authority to bind that entity to these Terms. If we learn that a User is under 18, we will terminate their account and delete all associated data.

3. Description of Service

Gladitel is a software-as-a-service ("SaaS") platform that provides AI-powered website building tools and related digital services. The Company reserves the right to modify, suspend, or discontinue any feature or aspect of the Service at any time without prior notice or liability.

4. Account Registration & Security

• You must provide accurate, current, and complete information during registration and keep it updated.
• You are solely responsible for safeguarding your account credentials, including your password.
• Notify us immediately at customertek@rwxtek.com of any unauthorized use of your account.
• The Company shall not be liable for any loss arising from unauthorized use of your account.

5. Subscription, Billing, Payment & Auto-Renewal

5.1. Subscription Plans and Pricing

• Setup Fee: A one-time, non-refundable fee of $249.00 charged at the time of purchase covering website design, configuration, and deployment.
• Monthly Hosting: $39.00/month, billed automatically starting the month after setup. Covers hosting, maintenance, SSL, and support.
• AI Chatbot Add-on: Optional at $19.00/month, subject to a 500-conversation monthly limit.
• Revisions: $29.00 per revision request after initial setup.
• Price changes take effect at your next billing cycle following at least 30 days' prior notice.

5.2. Billing and Payment

All payments are processed through Stripe, Inc. in U.S. Dollars. You authorize us and our payment processor to charge your designated payment method for all fees when due. You are responsible for providing a valid payment method and ensuring sufficient funds.

5.3. Automatic Renewal

5.4. No Refund Policy

5.5. Taxes

All fees are exclusive of taxes. You are responsible for all applicable taxes associated with your use of the Service.

5.6. Late Payments

If payment is not received by the due date, the Company may: (a) suspend or terminate your access; (b) charge interest on overdue amounts at 1.5% per month or the maximum rate permitted by law; and (c) recover all costs of collection, including reasonable attorneys' fees.

5.7. Chargebacks and Disputes

If you initiate a chargeback, the Company may immediately suspend your account. If resolved in the Company's favor, you agree to pay a $50.00 administrative fee in addition to unpaid fees. Repeated chargebacks may result in permanent termination.

6. Acceptable Use

You agree not to use the Service to:

• Upload or distribute content that is illegal, infringing, defamatory, obscene, or harmful
• Attempt to gain unauthorized access to the Service or other accounts
• Use automated tools (bots, scrapers, crawlers) without written permission
• Introduce viruses, malware, or other harmful code
• Interfere with the integrity or availability of the Service
• Send unsolicited commercial communications (spam)
• Impersonate any person or entity
• Generate content that promotes violence, discrimination, or hatred

Violations may result in immediate termination without refund. See our Acceptable Use Policy for full details.

7. Intellectual Property Rights

7.1. Company IP

The Service, including all software, algorithms, code, designs, logos, trademarks, and databases ("Company IP"), is and shall remain the exclusive property of RWX-TEK INC. Nothing in these Terms transfers ownership of Company IP to you.

7.2. User Content License

You retain ownership of your content. By uploading User Content, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content solely to provide the Service.

7.3. AI-Generated Output

Any websites, content, or designs generated by the Service using AI tools ("AI Output") are provided under a limited license. The Company makes no representation regarding originality or non-infringement of AI Output. You are solely responsible for reviewing and using AI Output.

8. Data Ownership, Portability & Retention

• You own your User Content.
• The Company acts as a data processor with respect to personal data you upload.
• Upon termination, you may request export of your User Content within 30 days.
• After 30 days, data may be permanently deleted without further notice.

9. Confidentiality

Each party agrees to protect the other party's confidential information with the same degree of care used for its own confidential information, but no less than reasonable care. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party.

10. Disclaimers of Warranties

11. Limitation of Liability

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of applicable law; or (e) your business operations.

13. Termination

13.1. By You

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period with no refund for unused time.

13.2. By the Company

The Company may suspend or terminate your account immediately for: (a) violation of these Terms or the AUP; (b) non-payment; (c) legal requirements; (d) discontinuation of the Service; or (e) conduct that poses a risk to the Company or other users.

13.3. Effect of Termination

• All rights and licenses granted to you immediately cease.
• You must immediately cease all use of the Service.
• You remain liable for all fees accrued prior to termination.
• Your site goes offline within 24 hours and data is deleted after 30 days.

14. Force Majeure

The Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including: acts of God, natural disasters, pandemics, war, terrorism, government actions, labor disputes, power outages, internet failures, cyberattacks, or third-party service provider outages (including cloud infrastructure providers and payment processors).

15. Service Availability, Downtime & Maintenance

The Company does not guarantee 100% uptime. The Service may be unavailable due to scheduled maintenance, emergency maintenance, Force Majeure Events, third-party outages, or security incidents. See our Service Level Agreement for uptime targets and remedies.

16. Business Owner Responsibilities

You are solely responsible for:

• Your business licenses and permits
• Compliance with all applicable laws
• All customer interactions and disputes
• Accuracy of your business information
• Compliance with CAN-SPAM, TCPA, and other marketing regulations
• Obtaining customer consent before marketing
• Your own business insurance
• Paying all business taxes

17. Governing Law & Jurisdiction

• These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions.
• For disputes not subject to arbitration, you consent to the exclusive jurisdiction of courts in San Bernardino County, California.
• For Users outside the United States, mandatory consumer protection laws of your jurisdiction may apply.

18. Binding Arbitration & Class Action Waiver

You may opt out of this arbitration agreement by sending written notice to legal@gladitel.com within 30 days of first accepting these Terms.

19. Compliance with Applicable Laws

You agree to comply with all applicable federal, state, and local laws, including: CAN-SPAM Act, TCPA, FTC Act, CCPA/CPRA, GDPR (if applicable), ADA, and all other consumer protection and privacy laws. The Company complies with ROSCA (Restore Online Shoppers' Confidence Act) and California ARL (Automatic Renewal Law).

20. Changes to Terms

The Company may update these Terms at any time. Material changes will be communicated via email at least 30 days before taking effect. Continued use of the Service after changes constitutes acceptance.

21. Third-Party Services & Integrations

The Service may integrate with or contain links to third-party services (including Stripe, Supabase, Vercel, OpenAI, and Anthropic). The Company is not responsible for the content, privacy practices, or terms of third-party services. Your use of third-party services is at your own risk.

22. Electronic Communications & Notices

By using the Service, you consent to receive electronic communications from us, including emails, in-app notifications, and dashboard messages. You agree that these communications satisfy any legal requirement for written notices.

23. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, AUP, SLA, DPA, and Refund Policy, constitute the entire agreement between you and the Company.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign your rights without the Company's prior written consent. The Company may assign its rights freely.
• Headings: Section headings are for convenience only and have no legal effect.

24. Contact Information