Summary

• The agreement. These Terms are a contract between you and HEAVENAPPS, INC. (Delaware), which operates Webmarlin.
• Your content. You own it. You give us a licence only to host, display and process it so we can run the Service. You are solely responsible for what you publish.
• Renewals. Paid plans renew automatically until you cancel. Domains auto-renew by default. When you cancel, you keep access to the end of the period you paid for.
• Refunds. Fees are non-refundable (plans, AI credits and domains), except where the law requires otherwise or we charged you in error.
• AI credits. You pay for the processing, not the result. Free monthly credits reset each month; purchased credits do not expire.
• Visits. A site that reaches 2.5× its plan's monthly visit quota shows visitors a short Webmarlin sponsored page.
• Prohibited uses. No scams, phishing, impersonation, fake shops, malware, illegal content and more. We can remove content and suspend or terminate accounts immediately for violations.
• Warranty and liability. The Service is provided "as is", and our liability is capped.
• Governing law. Delaware.

1. Agreement

1.1 These Terms of Service ("Terms") govern your use of:

• webmarlin.com, the Webmarlin console, webmarlin.ai and our APIs;
• MCP / AI-assistant connections;
• website hosting;
• domain registration and related services (the "Service").

The Service is provided by HEAVENAPPS, INC., a Delaware corporation, 3524 Silverside Rd, Ste 35B, Wilmington, DE 19810, USA ("Webmarlin", "we", "us").

1.2 By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you use the Service for an organisation, you confirm you may bind it, and "you" includes that organisation.

1.3 You must be at least 18 years old, or the age of majority where you live, to create an account.

2. Your account

2.1 Keep your login details, 2FA methods, API tokens and connected AI assistants secure. You are responsible for all activity under your account. This includes activity by:

• collaborators you invite (collaborators with the AI tools permission spend your credits);
• AI assistants or agents you connect through MCP or OAuth.

2.2 Give us accurate information and keep it up to date. This includes domain registrant contact details, which registries require to be accurate.

2.3 Tell us promptly at [email protected] if you suspect unauthorised access.

3. Plans, trials and renewals

3.1 Plans.

• Each website has its own plan.
• The free Starter plan and paid plans have the limits shown on the plan cards: pages, blog posts, storage, custom domains, monthly visits, shop and other features.
• Prices, limits and trial lengths are shown before you buy and may change for future billing periods with notice (Section 17).

3.2 Trials. Some plans include a free trial, shown on the plan card. Unless you cancel before the trial ends, the plan converts to a paid subscription and your payment method is charged automatically.

3.3 Automatic renewal.

• Paid plans are billed monthly or yearly in advance.
• They renew automatically at the end of each period at the then-current price until you cancel.
• You authorise us, through Stripe, to charge your saved payment method for each renewal.

3.4 Cancelling.

• You can cancel any time in Settings → Plan & billing.
• The plan stays active until the end of the period you paid for.
• After that the site moves to the free Starter plan; it is not taken offline.

3.5 Plan changes.

• When you move between paid plans, the change is prorated: you receive credit for unused time and pay the difference.
• If a payment is not completed, a pending subscription falls back to the free plan.

3.6 Failed payments.

• If a renewal charge fails, we show a "Payment past due" notice and may retry.
• If payment is not made, we may downgrade the site or limit paid features.

3.7 Taxes. Prices exclude taxes unless stated. Applicable sales tax or VAT is calculated by Stripe and added at checkout.

3.8 Limits. Going over a plan limit does not take your site offline, but it stops you adding more until you upgrade. Visits are covered in Section 6.

4. Fees are non-refundable

4.1 All fees are non-refundable. This includes subscription plan fees, AI credit purchases, and domain registration and renewal fees. We do not give refunds or credits for:

• partial billing periods;
• unused time;
• unused AI credits;
• downgrades;
• sites that were suspended or terminated for violating these Terms.

4.2 Cancel anytime. You can cancel at any time and keep access until the end of the period you already paid for (Section 3.4). Cancelling stops future charges but does not refund past ones.

4.3 Domains. Domain registrations and renewals cannot be refunded once the domain is registered or renewed with the registry. If a registration you paid for cannot be completed, we will retry it or refund you.

4.4 Billing errors. If we charge you in error, we will correct it. This covers a duplicate charge, a charge after a confirmed cancellation, or a wrong amount. Contact us within 60 days of the charge.

4.5 Where the law requires otherwise. Nothing in these Terms removes refund rights you have under mandatory law.

EU/UK consumers. If you are a consumer in the EU or UK, you normally have a 14-day right to withdraw from a contract for digital services or digital content. By starting a paid plan or buying AI credits, you expressly ask us to begin performance immediately. You acknowledge that:

• you lose your right of withdrawal for digital content (such as AI credits) once delivery begins;
• for services, if you withdraw within 14 days, you pay for what was provided up to the time you withdrew.

5. AI features and AI credits

5.1 Credits. AI features in the console, webmarlin.ai and connected assistants spend AI credits from the account owner's balance.

Credits have no cash value. They cannot be transferred or exchanged, and they are non-refundable (Section 4). Purchased credits are forfeited if your account is closed or terminated.

5.2 You pay for processing, not results.

• AI credits are charged for the computing work performed on your request. The amount is based on the processing used, or a fixed price shown for certain actions.
• Credits are consumed whether or not you are satisfied with the output, and even if the request results in no change to your site.
• Before a request runs, we may reserve credits. We charge only what was actually used and release the rest.

5.3 System errors. If a request fails before any output is produced, it is not charged. For example, the AI provider may return an error or the request may never run. If credits are consumed because of a Webmarlin system error, we will restore them when you tell us, or when we detect it. An example is an interrupted webmarlin.ai reply that was billed but never delivered.

5.4 AI output disclaimer. AI output is generated automatically and may be inaccurate, incomplete or similar to content produced for others. It may also infringe third-party rights or be unsuitable for your purpose. We make no guarantee of any particular result. You are responsible for:

• reviewing AI output before you publish or rely on it;
• the content you publish.

This covers text, images, code, SEO data and structured data. AI changes reach visitors only when the site is published. A connected assistant you authorise can publish on your behalf.

5.5 Third-party models. AI features use third-party model providers (see the Privacy Policy). You must not use AI features to generate content that breaks Section 8 or the providers' usage policies.

5.6 Connected agents. Actions taken by AI assistants or agents you connect through MCP or OAuth are treated as your actions.

6. Visits and the sponsored page

6.1 Each plan includes a monthly number of visits.

• A visit counts once per visitor per 6 hours, however many pages the visitor opens.
• Bots and system requests are not counted.
• The counter resets at the start of each month.

6.2 When a site's visits for the month reach 2.5 times its plan's monthly quota, new visitors see the following:

• a short sponsored page from Webmarlin with a countdown, which they can skip after 5 seconds;
• after that, normal browsing for 30 minutes with a small "sponsored by Webmarlin" bar at the top.

This continues until the month resets or you upgrade. The site is not taken offline because of visit volume.

6.3 You agree that Webmarlin may show this sponsored page and bar on your site in these circumstances.

7. Your content

7.1 Ownership. You keep all rights in the content you and your collaborators upload, create or publish through the Service ("Your Content"). This covers text, images, files, code, products, forms and data. We claim no ownership of Your Content.

7.2 Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence, for as long as needed to provide the Service, to:

• host, store, copy, process, transform, cache, distribute and display Your Content;
• create thumbnails, compressed or converted media files, screenshots and search indexes;
• send it to our sub-processors, including AI model providers when you use AI features.

We use this licence only to operate, secure and improve the Service. We may show your published site's name and a screenshot as a customer example only with your permission.

7.3 Your responsibility. You are responsible for Your Content, and you confirm that:

• you have all rights needed to publish it;
• it does not break the law or these Terms.

This covers images, fonts, trademarks and personal data.

7.4 Templates and stock media. Templates, components and designs we provide stay ours or our licensors'. You may use them for your Webmarlin sites. Stock photos available in the Service are subject to our stock-photo providers' licences.

8. Acceptable Use Policy

8.1 You must not use the Service, or let anyone use your account or sites, to create, host, send or promote any of the following:

• Scams and fraud. Phishing, credential harvesting, or pages that collect passwords, payment details or one-time codes under false pretences.
• Impersonation. Impersonating any person, company, brand, bank, government body or public figure, including look-alike logos, names or domains used to mislead.
• Fake shops. Fake shops, non-delivery or non-payment schemes, counterfeit goods, or taking payment for goods or services you do not intend to supply.
• Deceptive money schemes. Deceptive financial, investment, crypto, "get rich quick", pyramid or Ponzi schemes; fake giveaways or airdrops; unlicensed financial services.
• Malicious code. Malware, viruses, ransomware, cryptominers, exploit kits, drive-by downloads, or code that harms visitors or third parties.
• Spam. Spam or unsolicited bulk messages, including through forms, webhooks, or domains registered with us.
• Illegal content. Illegal content or activity under the laws that apply to you, us or your visitors.
• Child sexual abuse material (CSAM) or any content that sexualises minors. We report such content to NCMEC and the authorities.
• Hate, harassment and threats. Hate speech, harassment, threats, doxxing, or incitement to violence.
• Violent extremism. Violent extremist or terrorist content, or support for such organisations.
• Adult content. Sexually explicit or pornographic content.
• Infringement. Content that infringes copyright, trademark, privacy, publicity or other rights.
• Illegal goods. Selling or promoting illegal or regulated goods or services, such as illegal drugs, weapons where prohibited, stolen data or counterfeit documents.
• Abusing the Service.
  • Circumventing plan limits, visit counting, credit metering or security measures.
  • Automated scraping of other customers' sites.
  • Reselling the Service without our agreement.
  • Using the Service to attack or overload any system.
• Deceptive design references. Using the design-reference feature in breach of Section 10.

8.2 Enforcement. If we believe, at our reasonable discretion, that Your Content or your use breaks this Section or the law, we may act immediately and without prior notice. We will act proportionately and, where required by law, give a statement of reasons (Section 12). We may:

• remove or disable content;
• unpublish a site;
• disable forms, shop features, custom domains or API and MCP access;
• suspend or terminate your account.

No refund is due for suspension or termination under this Section. We may also report illegal activity to the authorities and cooperate with investigations.

8.3 Report abuse. Report phishing, fraud, malware or other abuse on a Webmarlin site to [email protected]. Include the URL and a description.

9. Responsibility for user content

9.1 Customers are solely responsible. Websites built with Webmarlin are created and published by our customers. Each customer is solely responsible for the content on their sites, including AI-generated content they choose to publish. Webmarlin:

• does not pre-screen, monitor, edit or endorse customer content;
• does not verify the accuracy, legality or quality of customer content.

Webmarlin is not responsible for the content, or for any products, services, statements or transactions offered on customer sites.

9.2 No obligation to monitor. We have no obligation to monitor content, but we may review, remove or disable any content under Section 8 or when the law requires.

9.3 United States. Webmarlin is a provider of an interactive computer service. To the fullest extent permitted by law, including 47 U.S.C. § 230, Webmarlin is not treated as the publisher or speaker of information provided by customers or other third parties. Webmarlin is not liable for good-faith actions to restrict access to material it considers objectionable.

10. Design references

10.1 Some AI features let you give the URL of an existing website as a design reference. You may only reference sites that:

• you own or control; or
• you have the right to use for this purpose.

10.2 A design reference may be used only for inspiration: general layout, colour, typography and structure. You must not use it to copy another site's text, images, logos, trademarks, code or distinctive trade dress. You must not use it to create a site that could be confused with, or impersonate, the referenced site or its owner.

10.3 Our fetcher identifies itself with the user agent WebmarlinDesignReference/1.0 (+https://webmarlin.com/design-reference) and respects robots.txt and tdm-reservation (text-and-data-mining) opt-outs. It refuses sites that opt out or block automated access. We keep fetched results only briefly (about one hour) to serve repeat requests.

11. Copyright and DMCA

11.1 Notices. We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). To file a notice, send the following to our designated agent:

1. your physical or electronic signature;
2. identification of the copyrighted work;
3. identification of the infringing material and its URL;
4. your contact details;
5. a statement that you have a good-faith belief the use is not authorised by the owner, its agent or the law;
6. a statement, under penalty of perjury, that the notice is accurate and you are authorised to act for the owner.

11.2 Designated agent. DMCA Agent, HEAVENAPPS, INC. 3524 Silverside Rd, Ste 35B, Wilmington, DE 19810, USA Email: [email protected]

11.3 Takedown. On receiving a valid notice, we remove or disable access to the material and notify the customer.

11.4 Counter-notice. If you believe material was removed by mistake or misidentification, you may send a counter-notice to our agent. It must include:

1. your signature;
2. identification of the removed material and where it appeared;
3. a statement under penalty of perjury that you have a good-faith belief it was removed by mistake or misidentification;
4. your name, address and phone number;
5. your consent to the jurisdiction of the federal district court for your address (or Delaware if you are outside the US), and to accept service from the complainant.

We forward valid counter-notices to the complainant. We may restore the material in 10–14 business days unless the complainant tells us they have filed a court action.

11.5 Repeat infringers. We terminate, in appropriate circumstances, the accounts of customers who are repeat infringers.

11.6 Misrepresentation. Knowingly false notices or counter-notices may create liability under 17 U.S.C. § 512(f).

12. Reporting illegal content (EU Digital Services Act)

12.1 Point of contact. Anyone, including authorities and users in the EU, can report content on a Webmarlin-hosted site they believe is illegal. Send the report to [email protected], our single point of contact. We accept reports in English. A report should include:

• the exact URL(s);
• why you consider the content illegal;
• your name and email (optional for reports about CSAM);
• a statement that the report is accurate and made in good faith.

12.2 Handling. We process reports promptly, diligently and objectively, and confirm receipt where you give contact details. We tell you our decision and any available means of redress.

12.3 Statement of reasons. When we remove or restrict content, or suspend an account or site, we give the affected customer a clear statement of reasons, unless the law prohibits it. The statement covers:

• what we did;
• the facts relied on;
• whether automated means were used;
• the legal or contractual ground;
• how to appeal.

Customers can contest a decision by replying to that notice.

12.4 Criminal offences. Where we suspect a criminal offence involving a threat to someone's life or safety, we inform the relevant authorities.

13. Domains, DNS and custom domains

13.1 Registration.

• Domains are registered through our domain registration partner, one year at a time.
• You are the registrant, subject to the registry's and ICANN's policies and the registrar's terms, which you accept.
• Registrant contact data must be accurate. WHOIS privacy is available and off by default.

13.2 Auto-renew.

• Auto-renew is on by default. About 7 days before expiry, your saved card is charged and the domain is renewed.
• We send reminders 30 and 14 days before expiry (30, 14, 7 and 1 days if auto-renew is off).
• Failed charges are retried daily until 2 days before expiry.
• If auto-renew is off or payment fails, the domain may lapse. You are responsible for renewing domains you want to keep.
• Turn auto-renew off to stop renewing.

13.3 Prices are shown before purchase and renewal. If a renewal price changes, we do not charge the new price until you confirm it.

13.4 Custom domains. If you connect a domain registered elsewhere, you are responsible for its DNS records (for example a CNAME to sites.webmarlin.com), its renewal and its settings at your provider. We issue and renew TLS certificates automatically once DNS is correct. We are not responsible for downtime or email problems caused by DNS changes, registry actions or third-party providers.

13.5 Domain abuse. Domains used for activity prohibited by Section 8 may be suspended at the registry level.

14. Shops and payments to you

14.1 Shops use Stripe Connect: you connect your own Stripe account and are the merchant of record. You are responsible for:

• your products, pricing, taxes, shipping, delivery and customer service;
• refunds, chargebacks and consumer-law compliance;
• your agreement with Stripe.

14.2 We may charge a transaction fee on shop sales as shown on your plan. We keep it if you refund an order.

14.3 Order refunds you issue come out of your Stripe balance.

15. Plugins, integrations, custom code and third-party services

15.1 You can enable third-party plugins (analytics, advertising, marketing, monitoring, embeds), connect webhooks and AI assistants, and add custom code. You do so at your own risk:

• We do not control or guarantee third-party services.
• Custom code is inserted as written, without review. Broken or malicious code can break your site or expose visitor data.

15.2 You are responsible for:

• the third-party services you enable;
• their terms;
• any cookie consent or privacy notice they require (Webmarlin offers a consent banner plugin).

16. Availability, changes and support

16.1 We aim to keep the Service available, but we do not guarantee uninterrupted or error-free operation, or any specific uptime. Maintenance, provider outages and events outside our control may cause interruptions.

16.2 We may change, add or remove features. If we remove a material paid feature you are using, we will tell you in advance where practical.

16.3 Back up your content. Keep your own copies of important content and exports. We keep our own operational backups for disaster recovery, but we do not guarantee we can restore your lost data from them.

17. Changes to these Terms and prices

We may update these Terms or our prices. For material changes, we will give at least 30 days' notice by email or in the console. Price changes take effect at your next billing period after the notice. If you continue to use the Service after the effective date, you accept the change. If you do not agree, cancel before then.

18. Suspension and termination

18.1 By you. You may stop using the Service at any time. To close your account, cancel your paid plans and email [email protected]. There is no self-serve account deletion yet. On an account deletion request:

• your websites are unpublished immediately;
• account data is deleted or anonymised within 30 days;
• site content is kept in restricted storage for 90 days for abuse, fraud, chargeback and legal-claim purposes and then deleted, unless a specific matter requires longer (see the Privacy Policy, Section 9).

18.2 By us. We may suspend or terminate your account, a site or a feature:

• immediately, for a breach of Section 8, fraud or chargebacks, legal requirements, or a risk to the Service or others;
• otherwise, on 30 days' notice.

18.3 Effect. On termination:

• your right to use the Service ends;
• your sites go offline;
• unpaid fees become due;
• Section 4 applies to refunds.

Where termination is not for a breach, we will try to give you a chance to export your content. Sections 4, 5.4, 7.3, 9, 19–22 and any other provisions that by their nature should survive will survive.

19. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, AI OUTPUT, TEMPLATES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. This includes warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and uninterrupted availability. Some jurisdictions do not allow these exclusions, so some may not apply to you.

20. Limitation of liability

20.1 TO THE FULLEST EXTENT PERMITTED BY LAW, WEBMARLIN AND ITS OFFICERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES;
• ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY.

20.2 OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) US$100.

20.3 These limits do not apply where the law does not allow them, for example liability for fraud or, for consumers in some countries, for death or personal injury caused by negligence.

21. Indemnity

You will defend, indemnify and hold harmless Webmarlin and its officers, employees and agents from claims, damages, losses and expenses, including reasonable legal fees, arising from:

• Your Content;
• your sites, shops and forms;
• your use of the Service in breach of these Terms or the law;
• your dealings with your visitors and customers.

22. Governing law and disputes

22.1 These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules.

22.2 Informal resolution first. Before filing a claim, contact us at [email protected] and try to resolve the dispute informally for 30 days.

22.3 Forum. Any dispute will be resolved exclusively in the state or federal courts located in Delaware, and both parties consent to their jurisdiction.

22.4 Consumers outside the US. If you are a consumer in the EU or UK, you also keep the protection of the mandatory laws of your country of residence and may bring proceedings in your local courts.

23. General

23.1 Entire agreement. These Terms, the Privacy Policy (including its Data Processing Statement) and any plan-specific terms are the whole agreement between us.

23.2 Waiver and severability. If we do not enforce a provision, we have not waived it. If a provision is unenforceable, the rest remains in effect.

23.3 Assignment. You may not assign these Terms without our consent. We may assign them in a merger, acquisition or sale of assets.

23.4 Export and sanctions. You may not use the Service if you are subject to US sanctions or in a comprehensively sanctioned country.

23.5 Force majeure. We are not liable for delays caused by events beyond our reasonable control.

23.6 Notices.

• We may notify you by email or in the console.
• Legal notices to us go to HEAVENAPPS, INC., 3524 Silverside Rd, Ste 35B, Wilmington, DE 19810, USA, with a copy to [email protected].

24. Contact

HEAVENAPPS, INC. (Webmarlin) 3524 Silverside Rd, Ste 35B, Wilmington, DE 19810, USA General and legal: [email protected] Abuse reports: [email protected] DMCA agent: see Section 11.2