Terms of Service v1.0

By completing checkout and accepting these terms, you enter a binding service agreement with New Braunfels Digital ("Agency," "we," "us," or "our").

Notices: c/o Registered Agents Inc., 5900 Balcones Drive STE 100, Austin, TX 78731, US. Email: jackson@nbsites.dev.

Agreement version 1.0, effective 2026-08-12. Your acceptance is recorded with this version identifier.

1. Service model

We operate as a Website-as-a-Service (WaaS) provider. On the Performance Partnership path you license our proprietary multi-tenant web infrastructure, hosting, and related tools on a recurring subscription. This is a continuous service agreement, not a traditional one-time web-design contract, unless you select the System Buyout path described below.

2. Plans and pricing

Performance Partnership tiers (USD, exclusive of tax): Starter $199/mo or $1671.6/yr; Growth $399/mo or $3351.6/yr; Enterprise $3499/mo or $29391.6/yr.

Yearly prepay reflects a 30% discount versus twelve monthly payments.

System Buyout: $15000 one-time. Optional Edge Hosting after buyout: $99/mo.

Waived build fees on Partnership: Starter $1500; Growth $3500; Enterprise $15000.

Optional AI Add-ons (Website Concierge, Front Desk, and AI Suite) are recurring services priced as published on nbsites.dev. They are not included in System Buyout. On Partnership they are add-ons unless your tier lists them as included and Agency has activated them for your account.

3. Waived build fee and prorated settlement

On the Performance Partnership path, the listed build fee for your tier is waived in exchange for a twelve-month earning period.

One-twelfth of the waived build fee is earned for each complete calendar month of paid service. If you cancel before twelve complete months, you settle the unearned portion: (12 − N) / 12 × waived build fee for your tier, where N is the number of complete months paid. That amount is invoiced once via Stripe and due on receipt.

A completed Yearly Pre-Pay term satisfies the twelve-month earning period immediately; no prorated settlement applies for that prepaid year.

4. Billing periods and cancellation

Monthly Partnership: cancel with thirty (30) days' written notice to jackson@nbsites.dev. After the notice period (and after any applicable prorated settlement is paid), cancellation effects below apply.

Yearly Pre-Pay: fees are non-refundable. Service continues through the paid term. Non-renewal at term end takes the site offline under the cancellation effects below.

After the twelve-month earning period is satisfied, monthly Partnership continues month-to-month at the then-current rate for your tier (or under Yearly Pre-Pay if you renew annually).

Upon cancellation or non-renewal at term end (and after any settlement is paid): your website is taken offline, your domain is released to your control when balances are clear, billing ceases, and Agency source code remains archived. System Buyout delivery terms apply only if you purchase that path.

5. System Buyout — deliverable

Within 30 days after cleared payment, Agency delivers a standalone source package (local git repository) for your marketing site and a single-tenant client portal, together with database schema and a written setup guide sufficient to host the package on infrastructure you control.

Included: (a) your public marketing site (template source with your content data and referenced assets); (b) a single-tenant portal with tabs as listed in the handoff package (currently: overview, leads, assets, reputation, performance, settings, support); (c) database schema for tables as listed in the handoff package (currently: clients, client_members, site_leads, site_events, review_requests, reviews_cache, support_requests, call_events, client_secrets, secret_reveal_log, asset_drops, asset_files, rate_limits), plus asset storage and secret-vault helpers described in the setup guide; (d) a written setup guide; (e) optional export of your own data rows scoped to your client_id.

Excluded: the multi-tenant platform (intake, checkout, provisioning, template catalog, preview/demo surfaces, other tenants' data); portal tabs concierge, front-desk, dispatch (platform-only surfaces stripped from the handoff); AI Website Concierge, AI Front Desk, AI Suite, and any AI Add-on services (chat, voice, or successor AI products), whether or not previewed in the Agency portal; Stripe billing portal and upgrade UI; Agency operator alert paths; ongoing hosting, maintenance, or support unless you retain Edge Hosting at $99/mo.

Buyer provides: their own hosting, database project, transactional email (including auth mail), SMS (and optional voice), and any maps or review APIs required by features in use, as specified in the setup guide. The guide may name concrete vendors and environment variables; this agreement does not freeze a particular technology stack.

AI Add-ons are available only under a separate Partnership subscription or statement of work, or as a separately quoted project after buyout — they are never part of the System Buyout deliverable.

Scope boundary: features live on your site and portal as of the purchase date (excluding AI Add-ons and other excluded surfaces). Later additions are separately quoted projects.

Data: the handoff may include your leads and related rows. Within 30 days after confirmed delivery, Agency will delete your customer data from Agency systems (excluding records Agency must retain for tax, accounting, or legal compliance).

Footer credit: you may remove or replace the Agency attribution link in the handed-off site footer after delivery.

The multi-tenant engine, deployment systems, and Agency platform remain Agency property and are never sold.

6. Intellectual property

What we own: New Braunfels Digital retains ownership of the multi-tenant platform, shared template libraries, deployment systems, and Agency infrastructure.

What you own: your brand, trademarks, content you provide, photography, and your domain name. On System Buyout, you also receive a license to use the delivered project source for your own business site as described in Section 5.

7. Domain name management

We may register, host, and manage the domain on your behalf. You remain the legal owner. On cancellation with cleared balances, we transfer the domain to a registrar of your choosing at no transfer fee from Agency.

8. Scope of "unlimited updates"

For tiers that include "unlimited minor updates," these mean text adjustments, image replacements, and basic color or font swaps. They do not include new pages, custom API webhooks, dynamic calculators, logo design, or structural layout changes. Complex work requires a separate quote. Fair use applies; typical turnaround is three to five business days.

9. Payments, late fees, and taxes

Subscriptions bill automatically via Stripe on the monthly or yearly cadence you select. Prices are exclusive of tax.

If a payment method fails, you have a seven-day grace period. After seven days unpaid, the site and routing may be suspended. Accounts unpaid after thirty days may be terminated.

Applicable Texas state and local sales taxes on taxable charges are calculated and added at checkout and on each invoice when Agency's tax registration and Stripe Tax configuration are active. Tax treatment of individual SKUs may follow guidance from Agency's tax advisor.

10. Client data and legal compliance

You are solely responsible for the legality of materials you provide. You warrant that you own or have rights to all text, photographs, and logos you submit. You may not use our infrastructure for illegal content, spam, or materials that violate the Texas Data Privacy and Security Act or federal law.

11. ADA and WCAG disclaimer

While we use modern standards and semantic HTML, New Braunfels Digital does not guarantee full ADA or WCAG compliance. You assume responsibility for accessibility compliance. Certified audits are available as a separately quoted project.

12. SMS routing and TCPA

For tiers using SMS lead routing or automated messaging, you are responsible for TCPA and A2P 10DLC compliance, including valid consent from form submitters. New Braunfels Digital provides routing infrastructure only and assumes no liability for messaging violations or fines incurred by your business.

13. Limitation of liability

New Braunfels Digital is not liable for lost revenue, missed leads, data loss, or interruptions caused by third-party outages (including hosting, SMS, email, or payment providers), attacks, or client errors. Aggregate liability for any claim arising from this agreement is capped at the total fees you paid us in the three (3) months preceding the claim.

14. Indemnification

You agree to indemnify and hold harmless New Braunfels Digital, its officers, and employees from third-party claims arising from your use of the services, including copyright claims based on materials you provided or claims arising from your failure to deliver services to your own customers.

15. Force majeure

Neither party is liable for failure to perform caused by events beyond reasonable control, including acts of God, natural disasters, widespread outages, strikes, or government mandates.

16. Severability and governing law

If any provision is unenforceable, the remainder remains in effect. This agreement is governed by the laws of the State of Texas. Disputes are resolved exclusively in state or federal courts in Comal County, Texas.