If you do not agree, do not access or use the Services.
1. Definitions
“Agentic Website Builder” — 10Web’s proprietary AI-powered platform for automated website generation, cloning, and AI-assisted editing.
“AI Credit” — the unit measuring consumption of the Services’ AI functionality (Website Generations, AI Edits, and other AI features).
“AI Output” — any code, content, design, layout, or other material generated or modified by the Services in response to End User inputs.
“Authorized Distributor” — a third party that has entered into a separate distribution or reseller agreement with 10Web authorizing it to sublicense, resell, or otherwise make the Services available to Partners.
“End User” — a Partner customer who accesses the Services through Partner’s platform.
“End User Data” — any data, content, or materials uploaded or submitted by End Users through the Services.
“Paid License” — a License ID activated upon conversion from a Trial License to a paid plan.
“Services” — the Agentic Website Builder provided via API, including website generation, cloning, AI editing, and related documentation, SDKs, and plugins.
“Trial License” — a License ID issued for evaluation purposes with limited AI Credits, as described in the applicable plan.
2. What We Provide
- Prompt-to-Website generation using frontier AI coding models
- Clone-from-Source generation (from existing sites, Figma files, etc.)
- AI-powered editing of copy, layout, styling, and structured content
- A WordPress plugin you may distribute to your hosted customers
- API integration support
- Ongoing model upgrades, API documentation, and technical support via email
We may modify, update, or discontinue any aspect of the Services at any time. We’ll use commercially reasonable efforts to give you 30 days’ notice of material changes that adversely affect your use.
3. Your Responsibilities
- Customer acquisition, onboarding, and first-line End User support
- Billing and collecting fees from your End Users
- Integrating the API into your platform
- Maintaining End User terms that meet our requirements (Section 12)
- Complying with all applicable laws
4. Your Account
5. Intellectual Property
5.1 Our IP
The Agentic Website Builder, including but not limited to all code, algorithms, AI models, APIs, documentation, and derivative works belongs to us. These Terms don’t transfer any IP ownership to you. We reserve all rights not expressly granted.
5.2 Your License
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services via API solely to offer AI website building to your End Users. No other rights are implied.
5.3 End User Content
Websites and data created by End Users belong to them, subject to their agreement with you. Neither party acquires ownership of End User content by virtue of these Terms.
5.4 Feedback
We love hearing from our partners. If you share suggestions, ideas, or feature requests (“Feedback”), we may use that Feedback to improve the Services for everyone. You grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, incorporate, and build upon any Feedback without restriction. For clarity, Feedback does not include your Confidential Information, End User Data, or any of your proprietary technology—those remain yours.
5.5 Usage Data
To improve and optimize the Services, we collect aggregated, anonymized, and de-identified usage metrics (such as API call volumes, feature adoption patterns, and performance data). This data is stripped of any information that could identify you, your End Users, or any individual. We may use this aggregated data for any lawful business purpose, including product development and benchmarking. We do not sell your data or share any personally identifiable information derived from your use of the Services.
5.6 Things You Can’t Do
You won’t (and won’t let others):
- Reverse engineer, decompile, or probe our source code or models
- Sublicense, resell, or redistribute the API except as these Terms allow
- Remove proprietary notices from the Services
- Build a competing product using our Services
- Use the Services for benchmarking or competitive analysis
- Circumvent rate limits, usage caps, or security measures
6. Subscription Plans, Fees & Payment
6.1 Plans and Pricing
The Services are offered on a subscription basis. We offer plans with different prices, inclusions, and levels of service. It is your responsibility to review the available plans and applicable pricing before subscribing. When you subscribe to a plan, you agree to pay the fees applicable to that plan.
6.2 How Billing Works
Subscription fees for your plan inclusions (such as per-license fees and AI Credit allocations) are charged at the beginning of each billing cycle. Any overage charges—such as Additional AI Credits consumed beyond your plan’s allocation, Clone-from-Source Generation fees, or other variable usage—are billed in arrears at the end of each billing cycle. Alternatively, billing may follow the terms set forth in your Order Form.
6.3 Payment Processing
We use industry-leading payment processors, including Stripe and PayPal, to process your payments. These processors have their own terms of service and privacy policies, which you should review. By providing your payment information, you authorize us to charge your selected payment method for all applicable fees. You understand and agree that to prevent interruptions to your subscription, our payment processor may receive updated payment information (such as new expiration dates or card numbers) from your card issuer, and you authorize us to charge your updated payment method.
Our prices are in USD. For international transactions, currency exchange rates and transaction fees may be imposed by payment intermediaries, and it is your responsibility to be aware of them.
6.4 No Refunds
All payments are final. We do not offer refunds for subscription fees, except: (a) in the case of billing errors on our side; or (b) where required by applicable law.
6.5 Price Changes
We may change the fees for subscription plans. If we do, we will notify you at least thirty (30) days before the change takes effect. Fee changes will not apply to your then current subscription term. If you do not agree to the new pricing, you may cancel your subscription before the new fees apply. Continued use of the Services after the price change constitutes acceptance of the updated pricing.
6.6 Access Through an Authorized Distributor
If you access the Services through an Authorized Distributor, the following applies:
- Your commercial relationship for the Services—including pricing, billing, payment terms, and refunds—is between you and the Authorized Distributor, not 10Web. 10Web is not a party to your agreement with the Authorized Distributor and is not responsible for the Authorized Distributor’s pricing, billing practices, or refund policies.
- Sections 6.1 through 6.5 of these Terms do not apply to you. Your payment obligations are governed entirely by your agreement with the Authorized Distributor.
- 10Web’s obligation to provide the Services to you is contingent on the Authorized Distributor maintaining its agreement with 10Web in good standing. If the Authorized Distributor’s agreement with 10Web is terminated or suspended, your access to the Services may be suspended or terminated accordingly, without liability to 10Web.
- All other provisions of these Terms—including intellectual property, restrictions, AI disclaimers, warranty disclaimers, limitation of liability, indemnification, data privacy, acceptable use, confidentiality, and dispute resolution—apply to you in full.
For the avoidance of doubt, the liability cap under Section 10 shall be calculated based on the amounts actually received by 10Web in connection with your use of the Services, whether paid by you directly or remitted on your behalf by an Authorized Distributor.
7. Support
8. AI Disclaimers
What we warrant
- The Services will perform substantially in accordance with our documentation.
- We’ll use commercially reasonable efforts to maintain and update our AI models.
- We have all rights and licenses needed to provide the Services.
What we don’t warrant
AI Output is generated autonomously by AI models in response to End User inputs and prompts. We make no warranty—express or implied—regarding the accuracy, completeness, quality, legality, reliability, or fitness for any particular purpose of any AI Output. AI Output is provided “as is.” We do not warrant that AI Output will be free from errors, or inaccuracies, or that it will comply with any specific legal, regulatory, or industry requirements. Given the nature of generative AI technology, we cannot fully control or predict outputs. End Users are solely responsible for reviewing, validating, and approving all AI Output before publication or use.
We do not guarantee any specific conversion rates, engagement levels, or business outcomes. AI technology is inherently probabilistic and outputs may vary based on inputs, model versions, and other factors.
9. Warranty Disclaimer
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY RECEIVED BY 10WEB IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHETHER PAID DIRECTLY BY YOU OR REMITTED ON YOUR BEHALF BY AN AUTHORIZED DISTRIBUTOR.
Refunds, where applicable, are provided in accordance with Section 6.4 and constitute your sole and exclusive remedy. If you are dissatisfied with the Services, your only recourse is to discontinue use.
11. Indemnification
11.1 You Indemnify Us
You agree to defend, indemnify, and hold harmless 10Web and our officers, directors, employees, agents, contractors, licensors, and affiliates (“10Web Indemnitees”) from all losses, costs, expenses, damages, and liabilities, including attorneys’ fees, arising from: (a) your use of the Services; (b) End User Data and End Users’ use of AI Output; (c) your breach or alleged breach of these Terms; (d) your violation of any law or third-party rights; or (e) your failure to maintain adequate End User terms. We reserve the right to assume control of any legal proceeding, including choice of counsel and settlement decisions, with your reasonable cooperation.
11.2 We Indemnify You
We’ll defend you against third-party claims that the Services (excluding AI Output) infringe a US patent, copyright, or trademark—provided you notify us promptly, give us sole control of the defense, and cooperate. This doesn’t cover claims from: (i) modifications not made by us; (ii) use combined with non-10Web products if the infringement would have been avoided without the combination; (iii) your continued use after notice of infringement; or (iv) AI Output generated in response to End User inputs.
12. End User Requirements
12.1 Your End User Terms Must Include
- Intellectual property protections for our technology
- Restrictions on reverse engineering the Services
- Disclaimers regarding AI Output accuracy and fitness
- End User responsibility for reviewing all AI Output before use
- Acceptable use restrictions (no illegal, harmful, or infringing content)
- Limitation of liability provisions that do not impose liability on 10Web beyond the limitations in these Terms
12.2 Prohibited Uses
Neither you nor your End Users may use the Services to: generate illegal, defamatory, or infringing content; transmit malware; attempt unauthorized access to our systems; train competing AI models; or engage in any activity that could damage, disable, or impair the Services.
12.3 Enforcement
You’re responsible for enforcing your End User terms. We reserve the right to suspend or terminate access for any End User or Partner we reasonably believe is violating these Terms. Notify us promptly of any breach affecting our technology or the integrity of the Services.
13. Confidentiality
Both parties will protect Confidential Information with at least reasonable care, use it only to perform under these Terms, and not disclose it without consent (except to employees and contractors with a need to know, bound by equivalent obligations). Compelled disclosure is permitted with reasonable advance notice to the other party where legally allowed.
14. Data Privacy & Security
We maintain industry-standard security safeguards. If we confirm a data breach affecting End User Data, we’ll notify you without undue delay (and in no event later than seventy-two (72) hours).
Upon termination or your written request, we’ll delete or return all End User Data within thirty (30) days, except where retention is required by applicable law or to protect us.
For more information on how we protect your data, please refer to our Privacy Policy.
15. Publicity & Trademarksc
15.1 Mutual Logo Use
Each party grants the other a limited, royalty-free, non-exclusive license to use their name, logo, and trademarks (“Marks”) during the Term for:
- Listing each other as a partner on websites, marketing materials, and partner directories
- Mutually approved press releases about the partnership
- Case studies, presentations, and sales materials that accurately represent the relationship
Use must comply with each party’s brand guidelines. Don’t alter the other party’s Marks or use them in a disparaging way. If either party objects to a specific use, the other stops promptly upon written request. Any permission granted is revocable at any time at the granting party’s discretion, and you must immediately cease all use of our Marks upon termination of these Terms.
15.2 Press Releases
No press releases about these Terms without mutual written approval. Either party may disclose the general existence of the relationship without approval, provided such disclosure does not include specific financial terms.
16. Term & Termination
16.1 Duration
These Terms are effective for as long as the Services are provided to you, or as otherwise specified in your Order Form, whichever is earlier. Either party may terminate these Terms as set forth in this Section 16.
16.2 Termination for Cause
Either party may terminate if the other materially breaches and doesn’t cure within thirty (30) days of written notice, or becomes insolvent or files for bankruptcy.
16.3 Termination for Convenience
Either party may terminate for any reason upon sixty (60) days’ prior written notice. You may also cancel your subscription at any time from your account settings. In either case your access continues until the end of the then-current billing period.
16.4 What Happens on Termination
Your license ends. You stop using the Services and delete our Confidential Information. All fees accrued prior to termination remain due. We’ll delete End User Data per Section 14. Your right to use the Services expires as of termination; however, we may retain certain account information for a period necessary to fulfill applicable legal and regulatory obligations.
16.5 Survival
Sections covering IP ownership, feedback, usage data, accrued fees, disclaimers, liability, indemnification, confidentiality, data privacy, publicity, and the dispute resolution provisions in Section 17 survive termination.
17. Governing Law & Dispute Resolution
17.1 Governing Law
These Terms and your use of the Services are governed by the federal laws of the United States of America and the laws of the State of Delaware, without regard to conflict of law provisions.
17.2 Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware. The arbitrator’s decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction. Each party shall bear its own costs and attorneys’ fees, unless the arbitrator determines otherwise.
17.3 Waiver of Jury Trial
EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
17.4 Class Action Waiver
ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
17.5 Time Limitation
You agree that any cause of action related to or arising out of your relationship with 10Web or your use of the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
18. General
18.1 Changes to These Terms
We may amend these Terms at any time. If we make material changes, we will notify you through your account email at least thirty (30) days before the changes take effect. Your continued use of the Services after the changes take effect constitutes acceptance. If you disagree, you may terminate before the changes become effective.
18.2 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
18.3 Electronic Communications
You consent to receive communications from us electronically via the email address associated with your account. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
18.4 Non-Solicitation
During the Term and for one (1) year thereafter, you won’t directly solicit or market competing services to 10Web customers whose identities you learned through this relationship. General advertising, inbound inquiries, and pre-existing customer relationships are excluded.
18.5 Miscellaneous
These Terms (plus any Order Forms) are the entire agreement and supersede all prior discussions. If a provision is unenforceable, it’s modified minimally; the rest stands. Our failure to enforce any provision won’t be considered a waiver. Our rights survive termination. We’re independent contractors. You’ll comply with all applicable export and sanctions laws.