1. Acceptance of Terms and Applicability
These Terms of Service (the "Agreement" or "Terms") constitute a legally binding contract between WebsiteCoach SaaS ("WebsiteCoach," "we," "us," or "our") and the individual or legal entity accessing or using the Service ("User," "you," or "your"). This Agreement governs your access to and use of the https://websitecoach.com website, its subdomains, associated APIs, and any related software or e-learning content (collectively, the "Service").
By registering for an account, purchasing report credits or paid services, using the API, or otherwise accessing or utilizing the Service, you signify that you have read, understood, and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, or if you do not agree with the Terms, you must not accept this Agreement and may not use the Service.
2. Definitions
- "Authorized User"
- means any individual who is authorized by you to use the Service under your account.
- "User Data"
- means the URLs, domain names, query inputs, and other specific information submitted by you to the Service for the purpose of generating Audits.
- "Audit Reports"
- means the performance, security, and analytical outputs generated by the Service based on User Data.
- "Paid Credits and Paid Services"
- means report credits, expert reviews, subscriptions where expressly offered, API access, add-ons, or other paid WebsiteCoach services you purchase or receive.
3. Description of Service and Modifications
WebsiteCoach provides a digital platform for automated website auditing, performance analysis, security header evaluations, SEO and AI-readiness checks, domain intelligence, API access, generated action-item payloads, and e-learning. The Service utilizes proprietary algorithms, browser rendering, public web/DNS/RDAP data, user-provided domain settings, and third-party Application Programming Interfaces (APIs). WebsiteCoach reserves the right, at its sole discretion, to modify, update, enhance, suspend, or discontinue any feature, functionality, or component of the Service at any time, with or without prior notice.
4. Account Registration and Security
To access certain features of the Service, you must register for an account. You agree to: (a) provide true, accurate, current, and complete information during registration; and (b) maintain and promptly update such information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. WebsiteCoach shall not be liable for any loss or damage arising from your failure to safeguard your account.
5. Fees, Billing, Credits, and Paid Services
- 5.1 Payment Terms
- Access to certain aspects of the Service requires payment, including report credits, expert reviews, API-related usage where offered, add-ons, subscriptions where expressly offered, or other paid services you select. We disclose price, credit quantities, recurring charges if any, billing frequency, and renewal terms before purchase where required by law.
- 5.2 Auto-Renewal
- One-time report-credit and expert-review purchases do not automatically renew. A subscription renews only if the checkout flow or written offer expressly identifies it as recurring and discloses the renewal terms; in that case, unless you cancel before the end of the current paid term, you authorize us and our payment processor to charge your payment method on file for each renewal.
- 5.3 Cancellation
- You may cancel recurring subscriptions, if any, through your account settings, the billing portal when available, or our contact page. Cancellation takes effect at the end of the then-current paid term unless applicable law, the checkout flow, or a written offer provides otherwise. One-time purchases cannot be cancelled after checkout has completed, except where required by law or expressly stated in the checkout terms.
- 5.4 Renewal Notices and Trials
- We will provide renewal reminders, annual subscription notices, free-trial conversion disclosures, and founding-program conversion details when required by law or when they are part of your offer. We will not convert a free trial or free scan into a paid subscription unless the material paid terms were disclosed and you provided the required authorization.
- 5.5 Price Changes
- We may change prices or plan features prospectively. We will provide advance notice of material price increases where required by law. Price changes apply no earlier than the next renewal or the date stated in the notice; your continued use after the effective date may constitute acceptance where permitted by law.
- 5.6 Refunds and Exceptions
- Fees, including report-credit purchases and expert reviews, are non-refundable except where required by law, where the checkout terms expressly state otherwise, or where we determine in good faith that a duplicate charge, billing error, or material service failure warrants a refund or account credit.
- 5.7 Taxes
- All fees are exclusive of applicable federal, state, local, or other governmental sales, goods and services, value-added, or other taxes. You are responsible for all such taxes based on your use of the Service.
6. Permitted Use and Restrictions
WebsiteCoach grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service strictly in accordance with these Terms. You shall not, and shall not permit any third party to:
- Use the Service for intrusive testing, private-system scanning, authentication bypass, vulnerability exploitation, denial-of-service activity, or non-public infrastructure analysis without authorization. Publicly accessible webpages may be analyzed through the Service, but you remain responsible for complying with applicable law, third-party terms, robots.txt, and any permissions required for your use case.
- Interfere with, disrupt, or attempt to bypass any security mechanisms, rate limits, or authentication measures of the Service.
- Use the Service to transmit malicious code, malware, viruses, or any harmful software.
- Reverse engineer, decompile, disassemble, or derive the source code of any part of the Service.
- Scrape, spider, crawl, or use automated means to extract data from the Service without express written permission.
- Reproduce, resell, sublicense, distribute, or commercially exploit the Service, including the automated Audit Reports, without an enterprise or reseller agreement.
7. Intellectual Property Rights
- 7.1 WebsiteCoach Property
- The Service, including its software, architecture, algorithms, UI/UX, e-learning content, trademarks, logos, and generated Audit Reports (excluding the underlying User Data), is the exclusive intellectual property of WebsiteCoach SaaS and its licensors.
- 7.2 User Data
- You retain all ownership rights to your User Data. By submitting User Data, you grant WebsiteCoach a worldwide, royalty-free, non-exclusive license to host, process, transmit, display, and cache such data strictly for the purpose of providing, securing, supporting, and improving the Service.
8. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and processing of personal data are described in our Privacy Policy. This Section adds data-processing terms for business customers when WebsiteCoach processes personal data on their behalf as a processor or service provider.
- Roles and Instructions
- For account, billing, analytics, security, and marketing data that we determine how to process, WebsiteCoach acts as controller. For personal data contained in URLs, submitted website content, audit inputs, or report payloads that you submit on behalf of your business, you are the controller or business and WebsiteCoach acts as processor or service provider, processing that data only to provide, secure, support, and improve the Service according to your documented instructions in these Terms, the Privacy Policy, an order, or a signed DPA.
- Data Processing Agreement
- Until a separately signed DPA is in place, these processor terms are incorporated into the Agreement. They include confidentiality commitments, appropriate technical and organizational security measures, deletion or return of processor data on termination where feasible, assistance with data-subject requests, reasonable audit information, breach assistance, and international-transfer safeguards. A customer may request a fuller DPA through the contact page; a signed DPA controls if it conflicts with this Section.
- Subprocessors
- You authorize WebsiteCoach to use the subprocessors listed in the Privacy Policy for hosting, payments, email, analytics, security, audit APIs, and support. We will update the Privacy Policy when material subprocessors change and, where required by law or contract, provide a reasonable opportunity to object before a new subprocessor processes customer personal data.
- Customer Responsibilities
- You are responsible for having a lawful basis and any required permissions to submit websites, domains, URLs, page content, and personal data to the Service. You must not submit sensitive personal data unless it is necessary for your authorized use. We will provide reasonable assistance with deletion, access, security, transfer, and regulator requests to the extent required by applicable data-protection law.
9. Third-Party Integrations and APIs
The Service relies on various third-party APIs, software, and external data sources. WebsiteCoach does not control, endorse, or assume liability for the availability, accuracy, or reliability of these third-party services. Any disruption in third-party services may temporarily degrade WebsiteCoach's functionality, for which WebsiteCoach bears no liability.
10. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL AUDIT REPORTS, ANALYSIS, E-LEARNING CONTENT, AND THIRD-PARTY DATA, IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WEBSITECOACH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WEBSITECOACH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES, NOR DOES IT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AUDIT REPORT. YOU ACKNOWLEDGE THAT AUDIT RESULTS ARE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR CRITICAL BUSINESS, SECURITY, OR TECHNICAL DECISIONS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEBSITECOACH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL WEBSITECOACH'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE TOTAL AMOUNT PAID BY YOU TO WEBSITECOACH DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
12. Indemnification
You agree to defend, indemnify, and hold harmless WebsiteCoach and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule, or regulation; or (e) your unauthorized scanning or auditing of third-party domains.
13. Term and Termination
- 13.1 Term
- This Agreement commences on the date you first accept it and continues until your account is closed and all paid credits, paid services, or subscriptions hereunder have expired or have been terminated.
- 13.2 Termination for Cause
- Either party may terminate this Agreement if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days after receiving written notice. WebsiteCoach may terminate your account immediately without notice for your breach of Section 6 (Permitted Use and Restrictions).
- 13.3 Effect of Termination
- Upon termination, your right to access the Service will immediately cease. Sections 7, 10, 11, 12, 14, and 15 shall survive any termination or expiration of this Agreement.
14. Dispute Resolution and Governing Law
- 14.1 Governing Law
- To the extent permitted by law, these Terms are governed by the laws identified in your checkout flow, order documentation, or WebsiteCoach's published corporate registration, without regard to conflict-of-law principles. If no governing law is identified, the applicable law will be determined by the competent forum. Nothing in these Terms limits mandatory consumer protections or privacy rights that apply in your place of residence.
- 14.2 Arbitration
- Before starting a formal proceeding, the parties will try to resolve disputes informally through the contact page. Binding arbitration applies only where enforceable and only if the applicable forum, rules, venue, and opt-out rights were disclosed in your checkout flow, order documentation, or a signed agreement. Either party may seek relief in small-claims court where available or seek injunctive or equitable relief for misuse of the Service or intellectual-property violations.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WEBSITECOACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. THIS WAIVER DOES NOT APPLY WHERE PROHIBITED BY LAW.
15. Miscellaneous
- 15.1 Force Majeure
- WebsiteCoach shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, cyber-attacks, network failures, or governmental actions.
- 15.2 Severability
- If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- 15.3 Waiver
- No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
- 15.4 Entire Agreement
- This Agreement, together with the Privacy Policy and any other legal notices published by WebsiteCoach, constitutes the entire agreement between you and WebsiteCoach regarding the Service.
16. Contact Information
For legal notices, questions, or inquiries concerning these Terms, please use our contact page: