1. Agreement and Scope
Western Web Co is a DBA of Acklam Software LLC. By accessing or using Western Web Co websites, applications, and related services (collectively, the "Services"), you agree to be bound by these Terms. If you use the Services on behalf of a business or organization, you represent that you have authority to bind that entity.
2. United States Use Only
The Services are intended for users in the United States only. You are responsible for ensuring your use of the Services complies with applicable laws and regulations.
3. Eligibility and Account Registration
- You must provide accurate and current registration, billing, and account information.
- You are responsible for maintaining the confidentiality of your login credentials.
- You must promptly notify us of suspected unauthorized account access or security incidents.
- We may suspend or restrict accounts to protect platform security, user data, or payment integrity.
4. Subscription, Billing, and Fees
- Paid features require an active subscription and successful payment processing.
- Fees, billing intervals, renewal terms, and feature limits are set at checkout or in your plan details.
- Failed or reversed payments may result in feature restrictions, suspension, or termination.
- All amounts are exclusive of taxes unless expressly stated otherwise.
- Unless otherwise stated in writing, subscription fees are non-refundable except where required by law.
- You may cancel recurring subscriptions through your account settings or by contacting support.
- Cancellation becomes effective at the end of the current paid billing period unless stated otherwise in your plan terms.
- Billing disputes must be submitted in writing to support@westernwebco.com within 30 days of the applicable charge date.
- Western Web Co does not receive, hold, or take custody of end-customer payment funds. Payment movement, settlement, and payout processing are handled by Stripe Connect.
- Western Web Co is not responsible for payout timing, payout failures, payout holds, reserve actions, or account limitations imposed by Stripe Connect or financial institutions.
- Western Web Co is not responsible for preparing, issuing, filing, or correcting tax forms (including 1099 forms) related to your payment activity. You are solely responsible for your tax compliance and reporting obligations.
5. Acceptable Use
- Do not use the Services for unlawful, fraudulent, abusive, deceptive, or misleading activity.
- Do not attempt to bypass authentication, authorization, rate limits, or other technical restrictions.
- Do not upload malware, malicious code, or content that may disrupt systems or data integrity.
- You are responsible for all content, records, and communications submitted through your account.
6. Prohibited Data and HIPAA Restriction
- Absolutely no HIPAA-regulated data or Protected Health Information (PHI) may be uploaded, transmitted, or stored.
- Do not submit medical records, diagnoses, treatment details, insurance records, or other healthcare-regulated data.
- You are solely responsible for ensuring all data entered into the Services is permitted and lawful.
7. Signature Forms, Waivers, and Legal Disclaimer
- You use signature forms, waivers, and related document workflows at your own risk.
- Western Web Co does not provide legal advice, legal representation, or legal services.
- Nothing in the Services, templates, examples, or support communications is legal advice.
- Our signature documents make no claim to be enforceable, admissible, or feasible in a courtroom.
- You are solely responsible for consulting qualified counsel regarding your documents and legal compliance.
8. User Content and Rights
- You retain ownership of your content and data, subject to rights needed to operate the Services.
- You grant Western Web Co a limited, non-exclusive license to host, process, reproduce, and transmit your content solely to provide, secure, and improve the Services.
- You represent that you have all rights necessary to submit and use content through the Services.
9. Third-Party Services
- Some features rely on third-party providers, including payment processors and infrastructure providers.
- Payments are processed through Stripe and are subject to Stripe terms and privacy practices.
- We are not responsible for third-party outages, interruptions, policy changes, or acts outside our control.
10. Service Availability and Changes
- Services may be unavailable due to maintenance, updates, incidents, or external provider outages.
- We may modify, replace, or discontinue features at any time, with or without notice, as permitted by law.
- You are responsible for maintaining your own copies of records needed for legal or business purposes.
11. Privacy
Your use of the Services is also governed by our Privacy Policy at /privacy, which is incorporated by reference into these Terms.
12. Intellectual Property
- Western Web Co retains all rights in platform software, architecture, and service design.
- You retain rights in your business content, client data, and uploaded media.
- Except as expressly permitted, you may not copy, reverse engineer, distribute, or create derivative works from the Services.
13. Suspension and Termination
- You may stop using the Services at any time and may cancel according to your subscription terms.
- We may suspend or terminate access for violations of these Terms, security threats, legal risk, or unpaid balances.
- Termination does not relieve payment obligations accrued before the effective termination date.
14. Disclaimer of Warranties
- The Services are provided on an "as is" and "as available" basis.
- To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability and fitness for a particular purpose.
- We do not warrant uninterrupted availability, error-free operation, or that all defects will be corrected.
15. Limitation of Liability
- To the fullest extent allowed by law, Western Web Co is not liable for indirect, incidental, special, consequential, or punitive damages.
- We are not liable for data loss, lost profits, lost revenue, downtime, or business interruption arising from use of the Services.
- Total liability is limited to amounts paid by you to Western Web Co in the 12 months before the claim.
16. Indemnification
You agree to indemnify, defend, and hold harmless Western Web Co and Acklam Software LLC from claims, losses, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your content, or your violation of these Terms or applicable law.
17. Governing Law and Venue
These Terms are governed by the laws of the State of Arizona, without regard to conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services must be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and each party consents to that jurisdiction and venue.
18. Changes, Notices, and Miscellaneous
- We may update these Terms from time to time. Updated Terms will be posted on this page with a revised effective date, and may also be communicated by account email or in-product notice.
- Continued use of the Services after updates constitutes acceptance of the updated Terms.
- If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect to the maximum extent permitted by law.
- Our failure to enforce any right or provision is not a waiver of that right or provision unless acknowledged in writing by us.
- You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, sale, or reorganization.
- These Terms and the Privacy Policy constitute the entire agreement between you and Western Web Co regarding the Services.
19. Contact
Western Web Co (DBA of Acklam Software LLC)
9494 E Redfield Rd #1115
Scottsdale, AZ 85260
Legal notices and questions about these Terms: support@westernwebco.com
