Webinow Labs

Legal

Terms and Conditions of Service

Last Modified: June 01, 2026

Company: Webinow Labs, a brand/service operated by Crush Interactive, Inc.

Website: www.webinow.ai

Contact: info@webinow.ai

1. Applicability

(a) These terms of service (these “Terms”) govern the provision of services by Crush Interactive, Inc. (the “Company,” “we,” “us,” “our,” and/or “Webinow Labs”) to you (“you,” “your,” or “Customer”).

(b) The order confirmation, proposal, invoice, checkout page, or any other form used by Customer to purchase any Services (each, as applicable, the “Order Confirmation”), together with the Terms of Use, the Privacy Policy, and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, with respect to the Company’s provision of Services. In the event of any conflict between these Terms and the Order Confirmation, these Terms shall govern.

(c) These Terms prevail over any of Customer’s general terms and conditions regardless of whether or when Customer has submitted its request for proposal, order, or such terms. The provision of Services to Customer does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms.

(d) If you are using Webinow Labs on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. About Webinow Labs

Webinow Labs provides AI-assisted website design, website buildout, branding support, logo design, content assistance, launch support, and related digital services for startups, small businesses, and organizations that need a faster, simpler, and more affordable path to getting online.

Webinow Labs is not the same offering as a fully custom website engagement through Crush Interactive, Inc. Webinow Labs services may rely on streamlined workflows, AI-assisted tools, templates, third-party platforms, prebuilt components, and structured client input to provide efficient delivery.

3. Services and Packages

Webinow Labs may offer different packages, service levels, add-ons, subscriptions, or one-time services or other items listed at the time of purchase (collectively, the “Services”). Each package may include different deliverables such as website pages, logo concepts, copy assistance, design customization, forms, basic SEO setup, integrations, hosting guidance, launch assistance, or other items listed at the time of purchase. The Company retains the right to modify, change, or remove Services in whole or in part at any time, without notice or liability to Customer, in its sole and absolute discretion.

The specific deliverables for your project will be based on the package, proposal, invoice, order form, or written agreement you select.

Unless specifically stated in writing, Webinow Labs services do not include:

  • Advanced custom software development
  • Fully custom WordPress development or HTML or other work employing other design or development platforms
  • Complex database applications
  • Custom e-commerce systems
  • Enterprise-level integrations
  • Ongoing SEO campaign management (unless otherwise agreed upon)
  • Google Ads management
  • Social media management
  • Legal compliance review
  • Trademark registration
  • Copywriting for highly regulated industries
  • Ongoing website maintenance
  • Custom photography, video, or illustration
  • Unlimited revisions
  • Unlimited consulting time

Additional services may be available for an additional fee.

4. Client Responsibilities

To complete your project, you are responsible for providing accurate, complete, and timely information, including but not limited to:

  • Business name
  • Contact information
  • Logo, images, brand assets, and style preferences
  • Website copy, service descriptions, or source information
  • Domain and hosting information (full or limited delegated access required for certain tasks), when applicable
  • Access to any required third-party accounts
  • Feedback, approvals, and revision requests in a timely manner
  • Legal disclaimers, policies, or industry-specific compliance language
  • Any licenses or permissions required for materials you provide

Delays in providing information, assets, approvals, feedback, or access may delay the project timeline. Webinow Labs is not responsible for delays caused by incomplete information, late feedback, third-party platforms, domain issues, hosting issues, or client inaction.

5. Customer's Acts or Omissions

If the Company’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants, or employees, the Company shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.

6. Fees and Expenses; Payment Terms

(a) In consideration of the provision of the Services by the Company, Customer shall pay the fees set forth in the Order Confirmation.

(b) Unless otherwise stated in writing, fees are due in advance and work may not begin until payment is received. Where Services are provided pursuant to an invoice, payment is due upon receipt of such invoice.

(c) Subscription fees, if applicable, are billed on a recurring basis. One-time fees are payable at purchase or upon invoice. Add-ons, upgrades, and additional services may require separate payment.

(d) Webinow Labs may use third-party payment processors to collect payments. We do not control those payment processors and are not responsible for their separate terms, fees, privacy policies, or service interruptions.

(e) In the event payments are not received by the Company within five (5) days after becoming due, the Company may:

  • charge interest on any such unpaid amounts at a rate of 1% per month or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid; and
  • suspend performance for all Services until payment has been made in full.

(f) Past-due balances may also result in work pauses, launch delays, account suspension, collection of outstanding charges, or service termination.

(g) Customer shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer hereunder.

(h) Customer agrees that any billing disputes must be raised directly with the Company in writing within fifteen (15) days of the applicable charge. Customer agrees not to initiate chargebacks, payment reversals, or payment disputes with any payment processor or financial institution for fees properly charged under this Agreement without first attempting to resolve the dispute directly with the Company. Unauthorized chargebacks or payment reversals may result in suspension of Services, termination, and collection of all outstanding amounts including applicable interest and fees.

7. Refunds and Cancellations

Because Webinow Labs provides digital services, design work, AI-assisted production, strategy, setup time, and customized deliverables, payments are non-refundable once work has begun.

Refund eligibility, if any, will be determined at the sole discretion of Webinow Labs and may depend on the stage of the project, work completed, digital files delivered, account setup, third-party costs incurred, and other relevant factors.

Unless otherwise stated in writing, all fees including but not limited to the following are non-refundable:

  • Setup fees are non-refundable.
  • Design and website work already performed is non-refundable.
  • Downloaded, delivered, launched, or approved files are non-refundable.
  • Third-party fees, software costs, domain fees, hosting fees, and payment processing fees are non-refundable.
  • Abandoned projects are not eligible for refund, and all outstanding charges will still require payment.

For subscription services, cancellation stops future billing but does not create a refund for amounts already paid, unless required by applicable law or expressly stated in writing.

8. Revisions and Approvals

Each package may include a specific number of revision rounds. A revision round means a set of requested changes submitted together for a specific deliverable or project stage.

Revision requests must be reasonable and within the scope of the purchased package. Revisions do not include a change in overall strategy, complete redesign, change in business model, new sitemap, new logo or brand direction, new functionality, or new deliverables unless approved by Webinow Labs in writing.

Once you approve a design, page, logo, concept, layout, copy section, or launch, additional changes will be billed separately.

If Customer does not respond to a request for review or approval within ten (10) business days, the applicable deliverable shall be deemed approved.

9. Project Timelines

Webinow Labs may provide estimated timelines, but all timelines are estimates only unless expressly stated otherwise in a written agreement.

Timelines may be affected by, without limitation: client delays, incomplete forms or intake responses, missing assets, delayed approvals, revision volume, third-party software issues, domain or hosting access issues, payment delays, scope changes, or technical limitations.

Webinow Labs is not liable for any business loss, missed opportunity, launch delay, advertising delay, or other consequence caused by project timing, client delay, or third-party issues.

10. AI-Assisted Services

Webinow Labs may use artificial intelligence tools, automation, design systems, website builders, code assistants, copy assistants, image tools, or other third-party technologies to help create websites, content, concepts, layouts, designs, and related materials.

You understand and agree that:

  • AI-assisted work may require human review, editing, and refinement.
  • AI-generated or AI-assisted content may not always be accurate, complete, or appropriate.
  • You are responsible for reviewing and approving all final website content, claims, images, names, disclaimers, and other materials before publication.
  • Webinow Labs does not guarantee that AI-assisted content is unique, trademarkable, copyrightable, or free from similarity to other content online.
  • You are responsible for confirming that all final content is suitable for your business, industry, audience, and legal obligations.

Webinow Labs may revise or reject requests that involve unlawful, misleading, infringing, deceptive, harmful, discriminatory, adult, violent, regulated, or otherwise inappropriate content.

Information you provide may be processed through third-party artificial intelligence platforms and tools. These third-party AI providers maintain their own terms of service and privacy policies, which may independently govern how your information is handled, stored, or retained by those providers. We encourage you to review the terms and privacy policies of any third-party AI tools used in connection with our Services. The specific AI tools, platforms, and technologies used by Webinow Labs may change at any time without notice. By using our Services, you acknowledge and agree to be bound by the terms of service and privacy policies of any third-party tools and platforms used in connection with the delivery of your project, to the extent applicable.

11. Client Content and Ownership

(a) You retain ownership of the original materials you provide to Webinow Labs, including your logo files, photos, written content, business information, and other client-owned assets.

(b) By providing materials to Webinow Labs, you grant us a limited license to use, copy, modify, display, and process those materials solely for the purpose of providing Services to you.

(c) Upon full and timely payment of all fees, Customer shall own the final website design, copy, and visual deliverables created specifically for Customer’s project (the “Deliverables”), subject to the limitations in Section 12 and the other terms of this Agreement. For the avoidance of doubt, no ownership of Deliverables shall vest in Customer until all fees have been paid in full. In the event of non-payment or termination for cause, all rights in the Deliverables shall remain with the Company.

(d) The grant of ownership in Section 11(c) does not include any rights in the Company’s retained intellectual property as described in Section 12, including but not limited to underlying templates, frameworks, code libraries, design structures, AI prompts, reusable components, or any other pre-existing or independently developed materials of the Company.

12. Webinow Labs Intellectual Property

(a) All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works, and all other rights (collectively, “Intellectual Property Rights”) in and to the Company’s internal processes, systems, templates, frameworks, workflows, code libraries, design structures, strategy documents, training materials, AI prompts and prompt systems, proposal language, documentation, prebuilt components, business methods, brand assets, reusable layouts, and non-client-specific materials shall be owned exclusively by the Company.

(b) The grant of ownership of Deliverables under Section 11(c) does not convey to Customer any Intellectual Property Rights in the Company’s pre-existing or independently developed materials described in Section 12(a), even where such materials are incorporated in, combined with, or otherwise used in connection with the Deliverables.

(c) Customer shall not copy, reproduce, resell, sublicense, distribute, reverse-engineer, or reuse the Company’s systems, templates, methods, AI prompts, frameworks, or other proprietary materials outside Customer’s own project without written permission. Any actual or attempted copying, reproduction, imitation, reverse-engineering, or similar actions, directly or indirectly having the intent or effect of circumventing the restrictions set forth in this Section, are strictly prohibited.

(d) The ownership of Deliverables granted under Section 11(c) is non-transferable and non-sublicensable except with the Company’s prior written consent. Customer shall not use the Deliverables or any Intellectual Property Rights therein in any way that would be competitive with the Company’s business.

(e) Customer acknowledges that any breach of this Section 12 may cause the Company irreparable damages for which an award of monetary damages would not be adequate compensation. In the event of such breach or threatened breach, the Company shall be entitled to seek equitable relief, including a restraining order, injunctive relief, specific performance, and any other relief that may be available from any court of competent jurisdiction, without the necessity of proving actual damages or posting any bond or other security. Such remedies shall not be deemed exclusive but shall be in addition to all other remedies available to the Company at law or in equity.

13. Third-Party Platforms, Tools, and Services

Webinow Labs may use or recommend third-party platforms, tools, and services, including but not limited to website builders, hosting providers, domain registrars, form tools, analytics platforms, payment processors, email services, AI tools, automation platforms, CRM tools, plug-ins, integrations, and other third-party tools.

You understand that third-party services are governed by their own terms, privacy policies, fees, limitations, and availability. Webinow Labs is not responsible for third-party service outages, pricing changes, feature changes, account suspensions, platform limitations, security incidents involving third-party providers, loss of data caused by third-party providers, changes to third-party terms, integration failures, or payment processor issues.

You are responsible for maintaining your own third-party accounts, login credentials, subscriptions, and billing unless otherwise agreed in writing.

14. Domains, Hosting, and Website Launch

Depending on your package, Webinow Labs may assist with domain connection, hosting setup, DNS configuration, or website launch.

Unless expressly stated in writing, you are responsible for purchasing, renewing, and maintaining your domain name, hosting account, email account, software subscriptions, and related services.

Webinow Labs is not responsible for domain expiration, DNS misconfiguration, registrar issues, hosting outages, email delivery problems, malware, blacklisting, platform shutdowns, or other technical issues outside our control.

Webinow Labs may offer website hosting through third-party hosting platforms. Hosting services, if provided, are subject to the terms, policies, limitations, and availability of the applicable third-party hosting provider. The Company is not responsible for hosting outages, performance issues, data loss, or service interruptions caused by the third-party hosting platform.

If Customer fails to make payment for hosting services, the Company may, after a thirty (30) day grace period, suspend or terminate hosting, which may result in Customer’s website becoming inaccessible.

Website migration services may be available for an additional fee. If Customer elects to migrate its website to a third-party server or hosting provider, the Company shall have no responsibility or liability for the performance, security, uptime, or functionality of Customer’s website following such migration.

15. Legal Compliance

You are responsible for ensuring that your website, content, business practices, advertising claims, privacy policies, terms of service, accessibility compliance, industry disclaimers, and data collection practices comply with all applicable laws and regulations. Webinow Labs does not provide legal advice. Any sample terms, privacy policies, disclaimers, cookie notices, accessibility statements, or other legal-style content we provide are for general informational purposes only and should be reviewed by qualified legal counsel. This is especially important if your business operates in regulated industries such as healthcare, finance, legal services, real estate, education, insurance, employment, children’s services, or other sensitive categories.

16. Trademarks, Logos, and Brand Assets

If Webinow Labs provides logo design, brand concepts, or AI-assisted branding, you are responsible for conducting trademark searches and obtaining any legal protections you want for your business name, logo, slogan, or brand identity.

Webinow Labs does not guarantee that any business name, logo, slogan, domain name, design, icon, font, color palette, or brand concept is available for trademark registration or exclusive use.

Some fonts, icons, stock images, templates, AI-generated elements, or third-party design assets may be subject to separate licenses. You are responsible for complying with any applicable license restrictions.

17. Website Content Accuracy

You are responsible for reviewing all website copy, service descriptions, pricing, claims, testimonials, credentials, statistics, legal disclaimers, and other content before approval and publication.

Webinow Labs is not responsible for inaccurate, outdated, misleading, or unlawful content approved by you or based on information you provide.

18. Search Engines, SEO, and Business Results

Webinow Labs may provide basic SEO setup, on-page optimization, metadata, website structure, page titles, descriptions, or other foundational SEO support depending on your package.

We do not guarantee search engine rankings, website traffic, sales, leads, conversions, ad performance, revenue, social media growth, business success, or any return on investment.

Search engines, advertising platforms, AI platforms, and social media platforms are controlled by third parties and may change their algorithms, policies, or results at any time.

19. Acceptable Use

Your use of the Webinow Labs website is subject to the Prohibited Uses provisions in the Terms of Use. You agree not to use Webinow Labs services for any unlawful, harmful, misleading, abusive, infringing or prohibited purpose. In addition, you may not use our Services to create, promote, or distribute content involving:

  • Fraud or scams
  • Impersonation
  • Defamation
  • Harassment
  • Hate or discrimination
  • Illegal products or services
  • Malware or phishing
  • Unauthorized financial services
  • False medical, legal, or financial claims
  • Intellectual property infringement
  • Exploitation of adults or minors
  • Violence or threats
  • Any activity that violates applicable law or third-party rights

Webinow Labs reserves the right to refuse, suspend, or terminate Services for any project we determine to be inappropriate, unlawful, high-risk, or inconsistent with our standards.

20. Confidentiality

(a) All non-public, confidential, or proprietary information of the Company, including but not limited to trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing (collectively, “Confidential Information”), disclosed by the Company to Customer, whether disclosed orally or in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential,” in connection with the provision of the Services and this Agreement is confidential, and shall not be disclosed or copied by Customer without the prior written consent of the Company.

(b) Confidential Information does not include information that is: (i) in the public domain; (ii) known to Customer at the time of disclosure; (iii) rightfully obtained by Customer on a non-confidential basis from a third party; or (iv) independently developed by Customer without reference to the Confidential Information.

(c) Customer agrees to use the Confidential Information only to make use of the Services and Deliverables.

(d) Customer acknowledges that any breach of this Section 20 may cause the Company irreparable damages for which an award of monetary damages would not be adequate compensation. In the event of such breach or threatened breach, the Company shall be entitled to seek equitable relief, including a restraining order, injunctive relief, specific performance, and any other relief that may be available from any court of competent jurisdiction, without the necessity of proving actual damages or posting any bond or other security.

21. Marketing and Portfolio Use

You grant Webinow Labs permission to display your business name, logo, website, screenshots, project description, and general results in our portfolio, social media, case studies, presentations, proposals, and marketing materials.

22. Support and Maintenance

Support and maintenance are included only if specified in your package, proposal, subscription, or written agreement.

Website updates, troubleshooting, software updates, hosting support, content changes, design changes, SEO updates, analytics review, security monitoring, and other ongoing services may require a separate support plan or hourly billing. The Company is not obligated to store, maintain, or make available project files, design assets, source files, or other work product after the completion or termination of a project. Customer is responsible for downloading and retaining copies of all final Deliverables upon delivery.

23. Termination

The Company may suspend or terminate Services if:

  • You fail to pay any amounts due;
  • You violate these Terms, our Terms of Use, or our Privacy Policy;
  • You provide unlawful or infringing materials;
  • You abuse, threaten, or harass our team;
  • You fail to provide required information;
  • You abandon the project;
  • Continued work creates legal, technical, or business risk;
  • A third-party platform prevents continuation of the service; or
  • Customer becomes insolvent, files a petition for bankruptcy, or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.

The termination of this Agreement shall not release Customer from liability arising out of or in connection with any acts or omissions that occurred prior to the effective date of termination, including any obligation to pay fees for Services performed prior to termination. Upon termination for Customer’s breach or non-payment, no Deliverables or work product shall be released to Customer until all outstanding fees are paid in full. A project shall be deemed abandoned if Customer fails to respond to Company communications or provide required materials for a period of thirty (30) days.

24. Customer Representations and Warranties

Customer represents and warrants that:

  • Customer has the full right, power, and authority to enter into this Agreement and to perform its obligations hereunder;
  • if Customer is entering into this Agreement on behalf of a company, organization, or other legal entity, Customer has the authority to bind that entity to these Terms;
  • all materials, content, and information provided to Webinow Labs are accurate, lawful, and owned or properly licensed by Customer, and Customer has all necessary rights and permissions to provide such materials to the Company for use in connection with the Services;
  • Customer's use of the Deliverables and the content of Customer's website will not infringe or violate any third-party intellectual property rights, privacy rights, or other rights; and
  • Customer will comply with all applicable laws and regulations in connection with Customer's use of the Services and Deliverables.

25. Disclaimer of Warranties

THE COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. ALL SERVICES ARE PROVIDED AS-IS, AS-AVAILABLE, AND WITH ALL FAULTS.

26. Limitation of Liability

(a) IN NO EVENT SHALL THE COMPANY BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(b) IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO THE COMPANY IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

27. Indemnification

(a) Customer shall defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, contractors, agents, successors, and permitted assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or resulting from:

  • materials, content, or information provided by Customer;
  • Customer's website content, business practices, products, or services;
  • Customer's violation of these Terms or applicable law;
  • Customer's infringement of any third-party intellectual property or other rights;
  • Customer's use of the Deliverables or third-party platforms or services; or
  • bodily injury, death of any person, or damage to real or tangible personal property resulting from the negligent or more culpable acts or omissions of Customer.

(b) Customer’s indemnification obligations include the payment of all reasonable attorneys’ fees, court costs, and expenses incurred by the Company in connection with any such claim. The Company shall have the right, at its option, to control the defense of any claim subject to indemnification hereunder.

28. Changes to Services or Terms

(a) The Company reserves the right to update, modify, suspend, or discontinue any part of its website, packages, pricing, services, or these Terms at any time in its sole discretion. All changes to these Terms are effective immediately when posted on the Company’s website and apply to all use of the Services thereafter.

(b) You are expected to check this Terms of Service page periodically so you are aware of any changes, as they are binding on you. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes.

29. Governing Law and Jurisdiction

(a) All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

(b) Subject to Section 30, any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Miami and County of Miami-Dade. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

30. Arbitration

At the Company’s sole discretion, it may require Customer to submit any disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

31. Limitation of Damages

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE RECOVERY ON SUCH CAUSE OF ACTION OR CLAIM SHALL BE LIMITED TO $100 DOLLARS.

32. Force Majeure

Except for any obligations of Customer to make payments to the Company hereunder, the Company shall not be liable or responsible to Customer, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the Company’s control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, domain outages, internet failures, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the control of the Company.

33. Assignment

Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation shall relieve Customer of any of its obligations under this Agreement.

34. Relationship of the Parties

The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. The Company may use subcontractors, freelancers, or other third parties to perform any part of the Services without Customer’s prior approval.

35. No Third-Party Beneficiaries

This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

36. Notices

All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and addressed to the parties at the addresses set forth in the Order Confirmation or to such other address that may be designated by the receiving party in writing. All notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), email, or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the notice has complied with the requirements of this Section.

37. Waiver and Severability

(a) No waiver by the Company of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by the Company. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof.

(b) If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

38. Survival

Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of this Agreement, including but not limited to the following provisions: Client Content and Ownership (Section 11), Webinow Labs Intellectual Property (Section 12), Confidentiality (Section 20), Marketing and Portfolio Use (Section 21), Customer Representations and Warranties (Section 24), Disclaimer of Warranties (Section 25), Limitation of Liability (Section 26), Indemnification (Section 27), Governing Law and Jurisdiction (Section 29), Arbitration (Section 30), Limitation of Damages (Section 31), and Survival (Section 38). Customer’s obligation to pay all fees due under Section 6 shall also survive termination.

39. Contact Information

Questions about these Terms may be sent to:

Webinow Labs
Crush Interactive, Inc.
info@webinow.ai