Last Updated: March 10, 2025
These Terms of Service (the “Terms”) govern Client's use of and subscription to any website hosting, website maintenance, design retainer, and/or any additional ongoing services (the “Subscription”) provided by Lovably Inc. ("Studio"). By purchasing or subscribing to the Subscription, Client agrees to these Terms.
1. Subscriptions
Studio currently offers the following subscriptions on a monthly or annual basis:
Website Care: This Subscription provides website hosting, periodic site backups, client access, annual reviews, technical maintenance, and support. Website hosting is provided in partnership with Webflow and is subject to Webflow’s Product Terms and Privacy Policy. Any work beyond the agreed-upon scope (e.g., content additions, design changes, etc.) will be charged separately at a discounted hourly rate or via Additional Subscriptions outlined below.
Website Care+: In addition to the benefits of Website Care outlined above, this Subscription provides quarterly reviews and up to 3 hours per month for website updates, including content additions and design changes.
Retainer: This subscription includes up to 5, 10, or 20 hours per month for creative direction, graphic design, and website updates, subject to prior correspondence and agreements.
Additional Subscriptions: Additional Subscriptions, including but not limited to basic website hosting (e.g., Website Essentials), domain registration, and other legacy services (e.g., Website Upkeep for Webflow or Squarespace websites) are subject to prior correspondence and agreements, as well as all applicable clauses of these Terms. For the specific scope and fee structure of Additional Subscriptions, refer to the separate service description provided in prior correspondence.
2. Fees and Payment
Subscription Fees: Subscription fees are specified at the time of purchase or in a separate agreement. All fees are due in advance of the applicable service period.
Payment Methods: Studio accepts initial payment via credit card, debit card, or bank transfer. Subsequent payments will be automatically charged to the payment method on file and will recur until canceled. If a payment is not received on time, Studio reserves the right to suspend or terminate the Subscription until full payment is made.
Changes to Fees: Studio may modify Subscription fees by providing Client with notice at least 30 days in advance. Client's continued use of the Subscription after the effective date of any fee change constitutes Client's agreement to the new fees.
Refunds: Monthly subscription fees are non-refundable. Annual subscription renewal fees may be eligible for a pro-rated refund within 30 days of renewal.
3. Client Obligations
Eligibility: Client must be at least 18 years old and possess the legal authority to enter into these Terms.
Cooperation: Client agrees to promptly provide any information, login credentials, or assistance needed for Studio to provide the Subscription effectively. Client agrees to provide accurate and current information when creating an account or subscribing. Client is responsible for maintaining the confidentiality of account credentials.
Content Compliance: Client is solely responsible for ensuring that content on Client’s website complies with all applicable laws and regulations. Prohibited content (e.g., illegal material, malware, harmful content) is strictly forbidden.
Intellectual Property: Client retains all rights to Client's website content. By subscribing, Client grants Studio the right to access, copy, and store Client’s content for the purpose of providing the Subscription. Studio retains all rights to any proprietary software, tools, and methodologies used in providing the Subscription.
4. Security
Privacy: By subscribing to the Subscription, Client agrees to Studio’s Privacy Policy and Webflow’s Privacy Policy.
Confidentiality: Each party agrees to keep confidential any non-public, proprietary, or confidential information disclosed by the other party. Confidential information shall not be shared with third parties without prior written consent, except those directly involved in providing the Subscription (e.g., Webflow) or as required by law. Confidential information includes, but is not limited to, proprietary code, login credentials, business plans, financial information, product designs, customer data, and any other information that a reasonable party would understand to be confidential or that is marked or identified as such.
Unauthorized Use: Client agrees to notify Studio immediately of any unauthorized access to or use of Client’s account. Studio is not liable for any losses arising from unauthorized use of Client’s account.
5. Term and Termination
Term: These Terms commence upon submission of Client's initial payment and continue until terminated by either party.
Termination by Client: Client may cancel the Subscription at any time by providing written notice to hello@lovably.com. Notice will be deemed effective upon receipt. Cancellation becomes effective at the end of the current billing cycle.
Termination by Studio: Studio may suspend or terminate Client’s subscription if Client fails to comply with these Terms or if payment is past due. In cases of severe violations, termination may be immediate.
Effects of Termination: Upon termination of the Subscription, Studio will discontinue providing all associated services. In most instances, Studio will retain Client’s data after termination unless Client requests a data transfer or deletion; however, Studio is under no obligation to maintain this data indefinitely. Unless otherwise agreed in writing, Client is solely responsible for backing up or transferring any data prior to the effective termination date, and Studio shall not be liable for any loss of data once the Subscription has ended.
6. Warranties, Liability, and Indemnification
Warranties and Disclaimers: The Subscription is provided on an “as is” and “as available” basis without warranty of any kind, whether express or implied. Studio expressly disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Studio does not guarantee that the Subscription will meet Client's specific requirements, be uninterrupted, timely, secure, or error-free. While Studio strives to ensure continuous availability and security of Client’s website, no guarantee is made regarding uninterrupted or error-free performance. Scheduled maintenance or upgrades may require temporary downtime. Server uptime and performance may vary based on technical factors, scheduled maintenance, or events outside Studio's control.
Force Majeure: Studio shall not be liable for any delay or failure to perform obligations under these Terms if such delay or failure results from events beyond Studio's reasonable control, including natural disasters, internet disruptions, government actions, or labor disputes.
Liability: To the fullest extent permitted by law, Lovably Inc. and its affiliates shall not be liable for any indirect, incidental, consequential, or exemplary damages arising out of or related to the Subscription, even if advised of the possibility of such damages. In no event shall Studio’s total liability exceed the amount Client paid Studio during the 12 months preceding the event giving rise to the claim.
Indemnification: Client agrees to indemnify, defend, and hold harmless Lovably Inc., its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of Client's use of the Subscription, violation of these Terms, or infringement of any third-party rights.
7. Modifications
Studio reserves the right to modify these Terms at any time. Any changes become effective upon posting the revised Terms on Studio’s website or otherwise notifying Client. Client’s continued use of the Subscription after the effective date constitutes acceptance of the modified Terms.
8. Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law principles. Any dispute arising out of or in connection with these Terms shall be resolved exclusively in the courts of the State of New York.
9. Agreement
These Terms, together with any other documents referenced herein, constitute the entire agreement between Client and Lovably Inc. regarding the Subscription. Any prior agreements, negotiations, or representations are superseded by these Terms.
10. Contact
If Client has any questions or concerns about these Terms, please contact Studio at:
Lovably Inc.
222 E 46th St
New York, NY 10017
legal@lovably.com
Have a project for us?
We'd love to hear from you.
Should you be interested in collaborating, we invite you follow the link below to let us know all about your project and how we can help.
Work With Us →