Disclaimer of Warranties
Effective Date: November 19, 2024
At Webmakerr, we strive to offer reliable and high-quality services. However, by using our platform, you acknowledge and agree to the following disclaimer regarding warranties:
- No Warranty for Service Availability or Reliability
Webmakerr does not guarantee that our services will be uninterrupted, error-free, or continuously available. While we make reasonable efforts to ensure the platform is functioning optimally, we do not warrant that:
The platform will be free from defects, errors, or bugs.
The platform will meet your specific requirements or expectations.
The service will be uninterrupted or available at all times, as it may be subject to downtime, maintenance, or unforeseen issues.
- No Warranty for Content Accuracy or Completeness
We do not warrant that any content provided through our platform, including website-building tools, templates, or any other materials, is accurate, complete, or free of errors. The content and features provided are on an “as-is” and “as-available” basis. - Limitation of Liability
To the maximum extent permitted by law, Webmakerr and its affiliates, partners, employees, or agents shall not be held liable for:
Any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with the use (or inability to use) our platform, even if we have been advised of the possibility of such damages.
Any errors, omissions, or inaccuracies in the content or services provided.
Any loss of data, business profits, or business interruption arising from the use of our platform.
You acknowledge that your use of our services is at your sole risk, and you are solely responsible for ensuring that your use of the platform complies with applicable laws, including those governing the content you create.
- Third-Party Services and Content
Our platform may include links to third-party websites, services, or content, including payment processors (e.g., PayPal, Stripe), advertising services (e.g., Google Ads, Meta Ads), or analytics tools (e.g., Google Analytics). Webmakerr does not endorse or control these third-party services, and we make no representations or warranties regarding their content, security, accuracy, or reliability. By using third-party services, you agree to their respective terms and policies. - Service Availability and Downtime Disclaimer
In your Terms of Service (or Service Level Agreement), specify that Webmakerr does not guarantee uptime or availability. You can include language that addresses possible downtime or service interruptions, such as:
Disclaimer of Warranties for Uptime and Availability:
“While we strive to provide the highest level of service, Webmakerr does not guarantee continuous or uninterrupted access to the platform. We are not liable for any downtime, server outages, or disruptions to service. Planned maintenance and unforeseen technical issues may cause temporary interruptions.”
Scheduled Maintenance and Unforeseen Downtime:
“We may occasionally need to perform maintenance on our platform, which could cause temporary disruptions. We will make reasonable efforts to notify users of scheduled maintenance in advance, but Webmakerr is not responsible for any losses or damages resulting from downtime, whether planned or unplanned.”
Force Majeure:
“Webmakerr will not be held liable for any failure or delay in the performance of our services due to events beyond our reasonable control, including but not limited to natural disasters, acts of terrorism, internet outages, or any other force majeure event.”
- Data Loss Disclaimer
You should make it clear that Webmakerr is not responsible for data loss, and you should encourage users to back up their data. Consider adding the following language to your Terms of Service and Privacy Policy:
Data Loss and Responsibility:
“Although we make reasonable efforts to secure and protect your data, Webmakerr does not guarantee that data stored on our platform will be preserved indefinitely. Users are responsible for backing up their data regularly. In the event of data loss due to system failures, corruption, or any other reasons, Webmakerr shall not be held liable for any damages, losses, or costs associated with such data loss.”
Backup and Recovery:
“We recommend that users maintain their own backups of important content and data. Webmakerr is not responsible for any loss of data due to server failures, outages, or other technical issues.”
- Limitation of Liability
A strong Limitation of Liability clause in your Terms of Service can help protect you from legal claims resulting from server failures, downtime, or data loss:
Limitation of Liability:
“To the maximum extent permitted by applicable law, Webmakerr shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising out of the use, inability to use, or performance of our services, including but not limited to any loss of data, profits, business, or goodwill, even if Webmakerr has been advised of the possibility of such damages.”
- Refund Policy and Service Interruption
Clarify in your Refund Policy that refunds are not provided for server downtime or loss of access to a website, unless it’s a critical failure that affects the service for an extended period:
Service Interruptions and Refunds:
“Webmakerr does not offer refunds for service interruptions or downtime unless the platform is unavailable for a prolonged period (e.g., 72 hours or more). Users are encouraged to contact us for assistance if they experience service disruptions, and we will make reasonable efforts to resolve the issue promptly.”
- Backup Services (Optional)
While it’s important to have a clear disclaimer about data loss, you could also consider offering optional backup services (e.g., for an additional fee), where you periodically back up users’ websites. If this service is available, make sure to:
Explain it clearly in the Terms of Service.
Specify the frequency and scope of backups (e.g., daily, weekly).
Limit your liability in case of backup failure (e.g., “Backup service is provided as-is, and Webmakerr is not responsible for data loss during backup processes”).
- Notification of Downtime
Let users know how they will be informed in case of downtime or other disruptions:
Service Notifications:
“In the event of planned or unplanned service downtime, Webmakerr will make reasonable efforts to notify users through the dashboard, email, or other communication methods. We are not liable for any losses, damages, or inconveniences caused by service interruptions.”
- Technical Support and Resolution Process
Outline the steps users can take if they experience issues, and define your company’s role in offering support:
Technical Support:
“If you encounter issues with your website, server performance, or experience downtime, please contact Webmakerr customer support at [email protected]. We will make reasonable efforts to diagnose and resolve issues within a reasonable timeframe. However, we do not guarantee resolution within any specific time frame.”
Example Clauses to Include in Your Terms of Service and Service Agreement:
No Guarantee of Service Availability
We make no guarantees regarding the availability, reliability, or accessibility of the Webmakerr platform or your website hosted on it. We strive to maintain optimal service levels but are not responsible for any downtime, outages, or disruptions.
Data Loss Disclaimer
While we implement reasonable security and backup measures, Webmakerr cannot guarantee the preservation of data or the prevention of data loss. Users are encouraged to back up their websites regularly and assume full responsibility for their own data storage and backups.
Limitation of Liability
Webmakerr will not be liable for any indirect, special, consequential, or punitive damages resulting from service interruptions, data loss, or downtime. Our liability is limited to the amount paid by the user for the services directly related to the claim.
- No Other Warranties
Except as explicitly stated in our Terms of Service or applicable laws, Webmakerr disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained from Webmakerr or through our services, will create any warranty not expressly stated in this Disclaimer of Warranties. - Changes to the Disclaimer
We reserve the right to update or modify this Disclaimer of Warranties at any time. Changes will be effective immediately upon posting the updated disclaimer on our platform or notifying you via your account dashboard and by email.